Timing of I-485 application and H-1B visa

[user123321]

Hi,

 

I submitted form I-130 for my son a few years back when I was a green card holder. His priority date is still a few years away. I recently became a citizen and would like to apply for the change of status for my son's green card application. However, he recently received a job offer from a US company and the company said that they will apply for his H-1B visa.

 

Could you please advise when I should submit form I-485 with respect to the H1-B application by the company? Is it advisable to submit it before or after April 1st?

 

Thank you!

[pontevecchio]

You cannot submit the I-485 till dates are current.  When did you apply for his GC? The H1 is considered dual intent and has no connection to his Immigration petition.

[catx]

There seems to be some confusion here ... on what basis can your son file a I-485 adjustment of status (AoS) application.  You stated that "his priority date is still a few years away".  Do you mean filing an I-485 AoS application under F-1 category for unmarried sons and daughters of U.S. citizens?  Do you mean how would an I-485 AoS application impact his employer filing a H-1B petition?

 

As I understand it, they are considered separate, independent processes by the USCIS.  In other words, your son could have an I-485 AoS application filed and pending and an employer can file a H-1B petition.  To work your son would have to have either an approved (i) I-485 AoS application (permanent residency visa / green card), (ii) EAD based on a flied and pending I-485 AoS application, or (iii) H-1B petition.  The best advise to understand the options for your son is to consult with a qualified, experienced immigration attorney.