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

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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!

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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.

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