If you require a waiver for the unlawful presence bar, you should file a Form I-601, Application for Waiver of Ground of Inadmissibility. Once the application is approved, there is a 48-hour hold before USCIS will begin producing the physical EAD card that is shipped to the applicant. If you are already in the United States when your I-526 petition is approved, you may file Form I-485 to apply to "adjust your status" from non-immigrant status to that of a permanent resident. We have posted a "Receipt date for a case inquiry" in the table below to show when you can inquire about your case. Form I-539 covers immigration approval notices for B2 visa, H4 visa, L2 visa and others. A formal decision (approval/denial) is made during this step and a notice is mailed to the applicant/petitioner. The fact that you have left your previous employer prior to your I-485 pending for 180 days is not the basis for denial of your portability case since adjustment of status is based on prospective employment, rather than an existing one. So that immigration official in adjudicating your case will have sufficient evidence to make a decision in your favor. Every applicant will be scheduled for an interview, though some exceptions may be considered for waiver if the applicant is under the age of 14. Because of the sometimes lengthy processing times and the two-year validity period for the medical exam report, many applicants choose to submit the medical exam later, such as when. 12 December 2016 A Brooklyn Lawyer Serving New York Community. I-485 approval takes a lot more work on the part of the officers (including security check clearance). The I-485 processing time varies depending on which service center. Can you guys share your experience how long will it take to get GC card in h GC Card time after I-485 Approved. 'High' is the high-end, the 'worst-case' scenario, the time its takes USCIS to make a decision on 93% of I-485s it received. Step 6: Post-Decision Activity. The answer is that it depends. If the principal beneficiary adjusted status in the U. These actions can include approving an application for citizenship or alien worker status, confirming receipt of a fee payment, or scheduling an interview. Processing times on the USCIS website are not always accurate, so we are listing actual processing times for our cases. This is needed when filing the Adjustment of Status (I-485) after marriage. Questions and Answers from the January 28, 2009 Teleconference on Motions to Reopen: How Are They Working For You? 1. Below are processing times for recent Marriage Based Adjustment of Status cases filed by our office: Case #: MSC1290183765 Date I-130 and I-485 Filed: 11/29/2011 Date I-130 and I-485 Approved: 4/10/2012 Time between USCIS Filing and USCIS Permanent Residence Approval: 4. This is a possibility in a scenario as follows: if a couple have two separately approved I-140 forms and either one of them has a current priority date. Some EB I-485 cases filed after March 6, 2017, might still be approved until the new policy is fully enacted. To go through this process, the beneficiary will need to be physically present in the U. In such a case an I-485 can be filed using the current priority date. If all goes well, you'll be a permanent resident (green card holder) at the end of the interview. I am so happy after three years of waiting finally my case ( I 485) get approve. Actually, this case was not our first WOM case as we handled similar cases before; and in one case we received I-485 approval within three days after filing WOM. Whether you are an individual who wants to self sponsor their own green card or operate a company and wish to sponsor a foreign worker, we can the specific expertise that you need to get your case approved. Please press one to talk to our representative or call us back at 786-485-5890. When your petition becomes current, or is likely to become current within one year, the NVC initiates immigrant visa pre-processing. Once it happens, you will not be "lawfully present" and will not be able to adjust status to a green card based on the approval of a I-140 petition. After your Adjustment of Status (I-485) petition is approved, you (and your dependents who applied with you) need to go to the nearby local office of USCIS to get your passport stamped. Derivative Consular Processing. USCIS has just announced that they are expanding the requirements for interviews to employment-based I-485 adjustment of status applicants. My case: I have approved I-140. The answer is that it depends. Form I-485 covers green cards through all categories. Contact USCIS by calling the 1-800 Customer Service number on your I-140 Approval Notice. I received this email today from the USCIS stating; Application Type: I-485, Application to register permanent residence or adjust status Your Case Status: Card/Document Production On October 6th, 2011 we mailed the document to the address we have on file. If it takes longer for you than the 'High', then it means that the Receipt Date of your I-485 is before the 'Case Inquiry Date' and that you are allowed to get in touch with USCIS. I called USCIS and also visited a local office and still couldn't any reasons behind it. If you change positions after your I-485 has been pending for 180 days and your I-140 is approved, then your green card can be approved, even if your sponsor cancels the I-140 petition. The NBC will ensure that the case is ready for adjudication and, if necessary, issue an RFE for additional evidence that is needed to adjudicate the case. before it expires. The NVC’s main role is to transfer your case to the U. My questions: Will my green card process and I-140 remain active even though i leave my employer? If yes, can i file for I-485 whenever the priority date gets current for my case?. 2) Consular Processing: In this case, applicant can apply for adjustment of status at the U. The fact that an interview may be scheduled affects the processing time of a case, including possibly affecting the applicant's plans for travel, employment, etc. I submitted the I-130, I-131, I-765 & I-485 concurrently on mid August 2018 (Married US citizen). Applicants living abroad are not eligible to file Form I-485, Application for Adjustment of Status to Permanent Resident. If the principal beneficiary adjusted status in the U. After I-485 is approved (which is when one gets a green card), one becomes a permanent resident and do anything. Tags: None. You should receive the new document within 30 days. Once they clear, can my case be approved if my priority date is no longer current? No. The labor certification and I-140 petition were approved. In this case, our client was eligible to file a VAWA petition (Form I-360) and a green card application (Form I-485) at the same time. The I-485 interview is likely the last step in your application process. We outlined the proposed changes to both forms and instructions and explained how to submit comments. sai1 July 16, 2019. In such a case an I-485 can be filed using the current priority date. Form I-485 covers green cards through all categories.  At the hearing, Shah Peerally told the judge, who was by the way not very sympathetic, that he wanted the case to be terminated. We have posted a “Receipt date for a case inquiry" in the table below to show when you can inquire about your case. The fact that you have left your previous employer prior to your I-485 pending for 180 days is not the basis for denial of your portability case since adjustment of status is based on prospective employment, rather than an existing one. After the waiver is approved, the I-485 is normally approved and a permanent resident card issued. We have learned quite a bit in the past 18 months or so that we have done provisional waivers. The Form I-485, Application to Register Permanent Residence or Adjust Status, application time frame may not be the same for all applicants and it will depend on certain factors including the case load of the USCIS office where they have filed their application and the basis of their application. The visa is only valid for six months, so the immigrant spouse must ensure that she is inside the U. If the first I-485 is not approved, another I-485 may be filed once the priority date becomes current. They think that they can continue to work on the card until it expires. Tags: None. You may be notified by email, text or message, or mail, depending on your preference. consulate or embassy abroad. Much awaited news for many folks who is having approved I140. You're mailed an approval Notice of Action I-797 (NOA) with details of your fiance visa petition. The case then remains pending until a visa number is available. To go through this process, the beneficiary will need to be physically present in the U. Once you get your drivers license, you can not only use it as proof of ID but can also use it to board a domestic flight. Today I got this mail from CIS for my i-485 application. The answer is that it depends. 2) Consular Processing: In this case, applicant can apply for adjustment of status at the U. View your case history and upcoming case activities,. My questions: Will my green card process and I-140 remain active even though i leave my employer? If yes, can i file for I-485 whenever the priority date gets current for my case?. His case was filed at the California Service Center. Motion to Reopen vs. com and the Epoch Times – 10/27/2017 1. I-485 Standard Operating Procedure Overview Introduction This Standard Operating Procedure (SOP) delineates roles and responsibilities for the processing and adjudication of Form I-485: Application for Adjustment of Status. individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at anytime after the principal is approved, if a visa number is available. The rest of the letter describes how the case is forwarded to the National Visa Center (NVC). A definitive response from the FBI regarding fingerprint clearances is required before the I-485 application can be approved or transferred to the local office for interview. We have posted a "Receipt date for a case inquiry" in the table below to show when you can inquire about your case. The new spouse was born in Canada, a country not affected by retrogression in the client's category. Where the labor certification is approved, the I-140 petition is approved and the I-485 application has been pending for 180 days or longer, there is nothing that the previous employer can do to stop the new employer from using the underlying labor certification and I-140 approvals. It is best, if they qualify for c(9) category because in this case they can receive a work authorization while waiting for their I 360 and I 485 to be approved. 12 December 2016 A Brooklyn Lawyer Serving New York Community. An alien in removal proceedings may appear eligible for relief but for a variety ofreasons, ICE. We will mail your approval notice. If your receipt date is before the “Receipt date for a case inquiry", you can submit an “outside normal processing time” service request online. The adjudications officer may indicate a recommendation for approval. This makes us 6 for 6, so far, with a few more pending. Today my one of friends got his 485 approved and he filed 485 in Jan. Biometrics in November 2007. i did not renew my h4. What about filing I-485 when I140 is revoked by previous employer?. Each applicant 14 years or over also files a G-325A, Biographical Information,. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval. I-551 stamp in your passport is a temporary proof that you are a permanent resident of the U. Question is, does it mean case has been approved? For those that went thru AOS, pls help. Until then, in cases where the I-485 is filed before the I-140 is approved, the safest approach will be to start counting the 180 days on the date when the I-140 is approved. In such a case an I-485 can be filed using the current priority date. 1 [Note to Practitioners: If you use this sample, please attach a separate complete exhibit list]. The client hoped that his case could get approved under INA 245(i), which allows a qualifying applicant’s I-485 application to be approved if the earlier I-140 petition was “approvable when filed” and meets all of the criteria for 245(i) eligibility. I received a letter from USCIS informing that I485 is administratively closed without any appeals. Help! with USCIS Forms / INS Forms, US Visa Forms, and Other Immigration Forms On this page, you will find immigration forms related to Green Cards, US visas (nonimmigrant visas), and much more, including USCIS forms / INS forms and visa and immigration forms from other government departments and agencies. citizen or green card holder employer or family member files a petition for their permanent immigration with the USCIS. before it expires. Your I-485 Interview with USCIS: What to Expect - Columbus, OH Immigration Lawyers After you file the Application to Register Permanent Residence or Adjust Status Form I-485, you will be scheduled to meet with a USCIS immigration officer for an interview. The NBC will ensure that the case is ready for adjudication and, if necessary, issue an RFE for additional evidence that is needed to adjudicate the case. Below are processing times for recent Marriage Based Adjustment of Status cases filed by our office: Case #: MSC1290183765 Date I-130 and I-485 Filed: 11/29/2011 Date I-130 and I-485 Approved: 4/10/2012 Time between USCIS Filing and USCIS Permanent Residence Approval: 4. Next » (Displaying 1 - 10 of 255 cases). Biometrics in November 2007. $450 is a lot of money for many people. After approval of I-526 petition, by filing the I-485 form, the immigrant investor can adjust their residential status and apply to become the conditional permanent resident. Department of State’s National Visa Center (NVC), where it will be assigned a visa number. An unreasonably extended review for I-485 applications may require legal actions. Wrote letter to a senator and got reply “I will follow up with USCIS regarding your case…” no further words about the case’s status. They think that they can continue to work on the card until it expires. Goldstein If you have been waiting and waiting and your immigration case is still languishing without a decision, call our immigration lawyers today at (617) 722-0005. But if your case is complicated such as involving prior arrests, you may be asked to go through an interview before your I-485 can be approved. The receipt number will be included on the Form I-797 approval notice the USCIS mailed. So you can see that 9 months deadline is just to keep anxious callers away as it seems. Separate from the H1B case, the individual's employer was pursuing a permanent residence (green card) case on behalf of this foreign national. 'High' is the high-end, the 'worst-case' scenario, the time its takes USCIS to make a decision on 93% of I-485s it received. The first thing to do is to try to get the birth registered in home country/ municipal corporation. of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail. This is only the first step of the process. S degrees in Biochemistry in South Korea. Adjustment of Status - Frequently Asked Questions about Adjustment of Status - Attorneys in Silicon Valley, New York, Los Angeles, Chicago, Houston, and Austin. This makes us 6 for 6, so far, with a few more pending. But once the travel authorization has expired you cannot leave the U. I 797 notice can be appended with a letter (I-797C) to service a specialized purpose. Filed 485 in July 2007, case was transferred to TSC. His FP was done sometime in second week of Feb. I have EB3 I-140 was approved, I-485 was files in 2007 recently year ago ported EB3 to EB2, new I-140 was approved - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval. There are three criteria for Form I-485. RS-485, also known as TIA-485(-A), EIA-485, is a standard defining the electrical characteristics of drivers and receivers for use in serial communications systems. 11/2006: Got the magic email that the case was approved Five days later got the paper approval notice. The fact that an interview may be scheduled affects the processing time of a case, including possibly affecting the applicant’s plans for travel, employment, etc. Usually, there is no time limit for USCIS to make a decision on I-485, even if the Federal Courts have generally said that any delay over two years is unreasonable. whichever is appropriate). Much awaited news for many folks who is having approved I140. Upon approval, USCIS will issue Form I-766 with I-512 endorsement, also known as a “combo card,” which permits work and travel while Form I-485 is pending. S degrees in Biochemistry in South Korea. If the primary applicant's Adjustment application is approved before the I-485 for a spouse or children is filed, the dependents will no longer have underlying nonimmigrant status and will not be able to Adjust. I-130 And I-485 Denied - Case Abandoned My application for permanent residency (I-485) based on I-130 (marriage) was denied, because I-130 was denied. If the beneficiary has a pending I-485 Adjustment of Status filed based on an approved EB-2 I-140, the adjustment of status application should be transferred to the subsequently filed EB-3 petition provided that the priority date is current for EB-3 and the applicant continues to be eligible for adjustment of status. If the petition appears on its face to satisfy all of the eligibility requirements, the self-petitioner will subsequently receive a notice of "Establishment of Prima Facie" case. Next Steps after the Approval. So now the employer is planning to file for H1b extension, he has valid visa till feb 2020. I-485 Processing Times and Timeline. 16, 2013 6. Remember that a waiver does not resolve adjustment of status problems associated with entry without inspection, entry on a K visa where the applicant is trying to adjust through a means other than via the K visa petitioner, or entry as a crewman. If you're having trouble getting USCIS approval of your I-130, you might wish to consult with a qualified and experienced U. You need to schedule an appointment at the seattle uscis field office. Once it happens, you will not be "lawfully present" and will not be able to adjust status to a green card based on the approval of a I-140 petition. His case was filed at the California Service Center. Petitioners filing Form I-485 based on a pending or approved Form I-140, should file their application at the USCIS Phoenix or Dallas Lockbox facility. After the third stage, the application of the Immigrant Visa and submission of papers to the National Visa Center, the file was forwarded to Vietnam for the Immigrant Visa Interview of the beneficiary abroad. Part 3, Name and Signature of Attorney or Accrcditcd Representative. I 797 notice can be appended with a letter (I-797C) to service a specialized purpose. Can Stepdad File An I-130 and I-485 for Child With Expired K-2 Visa If Mother And Stepdad Are Divorced? 3. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485. today, i just checked my case status and it showed this message below. The fact that you have left your previous employer prior to your I-485 pending for 180 days is not the basis for denial of your portability case since adjustment of status is based on prospective employment, rather than an existing one. Anyway, now that your i485 has been approved, you could file the FAFSA as soon as your actual green card arrives in a few weeks. If you wish to receive legal advice concerning your I -485 Adjustment of Status Application, please consult with an immigration attorney. Want to leave US and go back to India. This takes some pressure off for the I-485 to be approved within the month of August (remember, the priority date must be current for the case to be approved). Start Your Green Card Application (Permanent Resident Card) Form I-485 Application to Register Permanent Status or Adjust Status Start Your Green Card Application (Family Application) Form I-485 Application to Register Permanent Status or Adjust Status Help my Family get a Green Card Form I-130 Petition for Alien Relative Remove conditions on my Marriage based Green card Form I-751 Petition to Remove the Conditions of Residence Travel Abroad while my Green Card is Still Being Processed Form. The first thing to do is to try to get the birth registered in home country/ municipal corporation. The labor certification and I-140 petition were approved. Case Transferred to Transfer Date Name Check Status Name Check Approval Date I-485 Status I-485 Approval/Denial Date Card Production Ordered Card Received Date EAD Applied? AP Applied? EAD Approval Date AP Approval Date EAD Received AP Received Time to Get EAD Approval Time to Get AP Approval Time to Get Fingerprinting Done Total Time to Get GC. Subsequently, the USCIS will forward the application to the U. The fact that you have left your previous employer prior to your I-485 pending for 180 days is not the basis for denial of your portability case since adjustment of status is based on prospective employment, rather than an existing one. so my question is can i apply for H4 ead with approved H4 visa or its better to apply along with my extension. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. Client's Testimonial: "Thank you for all your help. Driving is pretty essential in most cities in the Unites States. I-130 Approval Is Not Green Card! The DHS/USCIS Form I-130, "Petition for Alien Relative," is the immigration form that is among the most common immigration Form filed with Department of Homeland Security (DHS)/United States Citizenship and Immigration services (USCIS) in for family members. ***** UPDATE, THE PROPER WAIVER FORM IS THE "FORM I-601 APPLICATION FOR WAIVER OF GROUNDS OF INADMISSIBILITY" ***** In this video, I share the latest update in getting my wife's adjustment of. The petition was considered abandoned for the following reasons: They supposedly contacted us by phone to prove my husband's am. If my I-485 with company A gets rejected for any reasons,can I still use the priority date of Aug 2008 on my approved I-140 at a later time , when my current employer company B finally decides to file a Green Card for me or it's like a one-time use date only?Anything else I need to be aware of and plan for?Please advise. My I-485 has been pending a long time due to security and background checks. Footnote 1 On March 1, 2003, the Immigration and Naturalization Service became part of the new Department of Homeland Security. 485 approved after USCIS field office interview on Oct. Zzinet News SUNDAY, DECEMBER 28, 2008 Case: NIW I-140 and I-485 Approved After 2 Months Attorney Jerry Zhang [email protected] A formal decision (approval/denial) is made during this step and a notice is mailed to the applicant/petitioner. Sometimes, USCIS has mercy on people who have already spent so much money on their application fees ($1070 as the filing fee for form I-485), had their case approved, and then never saw their green card, and they grant a request to waive the fee. The I-485 interview is likely the last step in your application process. How long does it take to process an I-485 case? My family submitted three I-485 cases concurrently through EB-5 in March 2017 with the California USCIS center. You are not required to renew your travel authorization. Adjustment of Status - Frequently Asked Questions about Adjustment of Status - Attorneys in Silicon Valley, New York, Los Angeles, Chicago, Houston, and Austin. The short answer is, once the foreign employee has received their green card, there is no minimum period the employee is obligated to work for the employer who sponsored their employment-based green card. In case you lose it, you'll have to arrange an appointment with a USCIS officer who can communicate with you about your status. You are all done at that point! A friend of mine just checked his I-485 application case status from the BCIS website and it stated that the case has been approved and the approval notice was mailed. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval. That determination may be incorrect so it is imperative that you schedule an appointment with an immigration lawyer. The visa is only valid for six months, so the immigrant spouse must ensure that she is inside the U. Separate from the H1B case, the individual’s employer was pursuing a permanent residence (green card) case on behalf of this foreign national. so my question is can i apply for H4 ead with approved H4 visa or its better to apply along with my extension. The petitioner files for Form I-130 with USCIS and they are asked to demonstrate the evidence of their family connection with the applicant. Applying to change the date on which your permanent residence began. into account these standards, as well as the specific situation of each applicant, on a case by case basis, to determine whether the interview may be waived. Immigrating the Spouse and Children of Refugees Asylees Part 2. It's 786-485-5890. If you wish to receive legal advice concerning your I -485 Adjustment of Status Application, please consult with an immigration attorney. In such a case an I-485 can be filed using the current priority date. This is called non-concurrent filing. Applicants living abroad are not eligible to file Form I-485, Application for Adjustment of Status to Permanent Resident. " But the i-485 status didn't change and it still shows status as "Interview Scheduled". My new card is being produced? The Lounge. Once and if the I-130 is approved, the person may need to restore the case back to the active calendar so that further relief can be pursued, whether that means terminating the case so an adjustment of status can be filed with USCIS, or filing the I-485 with the court, since jurisdiction still vests with the court unless and until proceedings. citizens or permanent residents file an I-130 for a spouse, they must submit evidence proving the marriage is not only legal, but also bona fide. Also, sign up for Case Status Online to:. individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at anytime after the principal is approved, if a visa number is available. The client hoped that his case could get approved under INA 245(i), which allows a qualifying applicant's I-485 application to be approved if the earlier I-140 petition was "approvable when filed" and meets all of the criteria for 245(i) eligibility. S degrees in Biochemistry in South Korea. 11/2006: Got the magic email that the case was approved Five days later got the paper approval notice. This information sheet refers to the Adjustment of Status process from within the United States. Applicants living abroad who have an approved immigrant petition need to file for an Immigrant Visa with a U. As shown on that page, the filing location depends on your Form I-485 receipt number. So now the employer is planning to file for H1b extension, he has valid visa till feb 2020. However, many people are confused by the fact that the card, in the records of USCIS has been terminated, but is not taken away from them. Contact USCIS by calling the 1-800 Customer Service number on your I-140 Approval Notice. This is not correct. Today my one of friends got his 485 approved and he filed 485 in Jan. I received welcome letter on May 27 , 2009. I-485 approval takes a lot more work on the part of the officers (including security check clearance). An unreasonably extended review for I-485 applications may require legal actions. Hi all, ive been following most of the threads in this forum since retrogression started even though i was not really registered. The I-485 itself does not provide you with any “status” in the United States. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. before it expires. S to continue his studies after obtaining his M. If the petition appears on its face to satisfy all of the eligibility requirements, the self-petitioner will subsequently receive a notice of "Establishment of Prima Facie" case. Please press one to talk to our representative or call us back at 786-485-5890. Whether you are an individual who wants to self sponsor their own green card or operate a company and wish to sponsor a foreign worker, we can the specific expertise that you need to get your case approved. I am so happy after three years of waiting finally my case ( I 485) get approve. I-485 Standard Operating Procedure Overview Introduction This Standard Operating Procedure (SOP) delineates roles and responsibilities for the processing and adjudication of Form I-485: Application for Adjustment of Status. Citizenship and Immigration Services issues I-797 forms to inform the recipients of actions that the USCIS has taken in their cases. Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in their home country. The Form I-485, Application to Register Permanent Residence or Adjust Status, application time frame may not be the same for all applicants and it will depend on certain factors including the case load of the USCIS office where they have filed their application and the basis of their application. Form I-485 covers green cards through all categories. Q: If I marry during the I-485 pending period, can my spouse apply for Adjustment of Status?. These actions can include approving an application for citizenship or alien worker status, confirming receipt of a fee payment, or scheduling an interview. Department of State’s National Visa Center (NVC), where it will be assigned a visa number. Go the "Case Status Online" webpage and #case #casenumber #checkstatus It can take several months to get a decision on your green card application. Form I-485, Application to Register Permanent Residence or Adjust Status and Form I-485 Supplement A. A lawyer is usually worth the cost, and can help you avoid damaging mistakes, prepare for interviews, and make the best case possible to help expedite the whole process. If you are already in the United States when your I-526 petition is approved, you may file Form I-485 to apply to "adjust your status" from non-immigrant status to that of a permanent resident. It starts to get really complicated so be sure to consult with an experienced immigration attorney before submitting the I-485 application. This will get her green card. Some EB I-485 cases filed after March 6, 2017, might still be approved until the new policy is fully enacted. I-485 approval takes a lot more work on the part of the officers (including security check clearance). Once you get your drivers license, you can not only use it as proof of ID but can also use it to board a domestic flight. Can you file I-140 and I-485 together? Yes, this is known as concurrent filing. Hi, we have received two updates via text messages within 5 days of each otherchecking the USCIS webpage they had these status updates to our case: 1) Case Has Been Approved: On November 29th 2016 we approved your form i-485 request for Permanent Residence or Adjustment Status, Receipt Number. My I-485 got approved. individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at anytime after the principal is approved, if a visa number is available. During interfiling which refer to updating documents (usually a new I-140) on existing I485 too, the priority date of the older of the two I-140 is kept. If you don't want to wait, you can get an infopass appointment and get your passport stamped which is as good as the green card. Therefore, the most likely first notice you will receive after the approval of the I-140 is that your I-485 has been transferred to the NBC. I called USCIS and also visited a local office and still couldn't any reasons behind it. Applicants living abroad are not eligible to file Form I-485, Application for Adjustment of Status to Permanent Resident. In addition, an immigrant visa must be "immediately available" for the spouse. Next » (Displaying 1 - 10 of 255 cases). First, USCIS has to send your file to the NVC. Sometimes, USCIS has mercy on people who have already spent so much money on their application fees ($1070 as the filing fee for form I-485), had their case approved, and then never saw their green card, and they grant a request to waive the fee. That being said, many attorneys, myself included, warn you to not change jobs until 180 days or 6 months from the date of filing the I-485 or after approval. Subsequently, the USCIS will forward the application to the U. If you are unsure how to proceed, give us a call and Immigration Attorney Moses Apsan will provide you with a consultation exploring every available avenue to resolve your immigration problem. If You Have Moved Since Your Case Was Approved. The exam must be done by a doctor who is authorized by U. We will mail your approval notice. The petition was considered abandoned for the following reasons: They supposedly contacted us by phone to prove my husband's am. Forms I-485, I-765, and I-131 must be submitted to the Nebraska Service Center (NSC). The NBC will ensure that the case is ready for adjudication and, if necessary, issue an RFE for additional evidence that is needed to adjudicate the case. If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. The attotmey or accredited representative of record previouslv filed Form G-28 in this case. Interviews are a standard part of the process after filing Form I-485, Application to Adjust Status. Interfiling – also referred to as “conversion” or “transfer” – is a process where a foreign national seeking to adjust status can change the underlying immigration petition (most often an I-140 employer sponsored petition or an I-130 family based petition) forming the original grounds for. Biometrics in November 2007. I 797 notice can be appended with a letter (I-797C) to service a specialized purpose. Next Steps after the Approval. Indian-born client had I-140 approved under Category EB2 with Priority Date of 2003 and a pending I-485 case affected by retrogression. USCIS may make this determination only if the principal beneficiary of the visa petition asks for reinstatement of the approval of the petition and establishes that a person related to the principal beneficiary in one of the ways described in section. If all goes well, you'll be a permanent resident (green card holder) at the end of the interview. It starts to get really complicated so be sure to consult with an experienced immigration attorney before submitting the I-485 application. Processing times on the USCIS website are not always accurate, so we are listing actual processing times for our cases. The exam must be done by a doctor who is authorized by U. I-485 approval takes a lot more work on the part of the officers (including security check clearance). Read the Employment-Based Preferences chart in the Department of State’s Visa Bulletin to ensure your priority date is current before you file your application. These actions can include approving an application for citizenship or alien worker status, confirming receipt of a fee payment, or scheduling an interview. The new spouse was born in Canada, a country not affected by retrogression in the client's category. The visa is only valid for six months, so the immigrant spouse must ensure that she is inside the U. If you were already in the U. No, an approved I-140 petition will not change your nonimmigrant status. Subsequently, the USCIS will forward the application to the U. With an approved I-140, the beneficiary may then submit a Form I-485 Application to Adjust Status to that of a permanent resident of the United States. 485 approved after USCIS field office interview on Oct. This will get her green card. Is an interview required for I-485 Adjustment of Status? After March 6, 2017, all adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS. In reality, your I-485 is open to being denied, which would deny you a green card. individual derivatives may file their Form I-485 adjustment of status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at anytime after the principal is approved, if a visa number is available. Each form takes approximately three to six months to approve and the forms are typically approved simultaneously. You should file this form with U. This pertains to your work permit being ordered. I just want to make sure in addition to the document listed here, do we need any form to be filled up or any DD for visa fees is required. You should receive the new document within 30 days. USCIS Announces I-485 Supplement J to Confirm Bona Fide Job Offers January 19, 2017 Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability) is intended to enable USCIS to confirm that jobs offered to adjustment of status applicants in underlying I-140 petitions are bona fide job offers that the applicant intends to. An unreasonably extended review for I-485 applications may require legal actions. My case: I have approved I-140. Some I-485 applicants do not have current priority dates at the time of the interviews. A similar standard will be applied to I-485 Supplement J and the INA § 204(j) job portability provisions to avoid repetitive transfer of the case and unnecessary delay. case, that it is inappropriate to revoke the approval of the petition. The labor certification and I-140 petition were approved. If the priority date is not current, even if everything goes perfectly at the interview, the case cannot be approved. Citizenship and Immigration Services issues I-797 forms to inform the recipients of actions that the USCIS has taken in their cases. Gupta i am on my H4 visa status, but my spouse i140 was filed in premium processing, receipt number was received on july 8th. In such a case an I-485 can be filed using the current priority date. My lawyer told me there's precedent for my case where others have had their I-485 denied as well, and most of them got their I-290B approved. 2) Birth Certificate not available In case applicants BC was not registered at the time of birth the applicant needs to prepare well in advance of filing the I 485 application to ensure that this RFE can be answered. Generally, I've seen simple cases take about 4-5 months and this was the case for my own situation. Next Steps after the Approval. Forms I-485, I-765, and I-131 must be submitted to the Nebraska Service Center (NSC). A decision will be subsequently communicated to him or her. Where the labor certification is approved, the I-140 petition is approved and the I-485 application has been pending for 180 days or longer, there is nothing that the previous employer can do to stop the new employer from using the underlying labor certification and I-140 approvals. Immigrating the Spouse and Children of Refugees Asylees Part 2. His case was filed at the California Service Center. But for some cases, it can be as quick as 4 months to as long as several years. My case: I have approved I-140. To go through this process, the beneficiary will need to be physically present in the U. USCIS could approve I-485 several weeks after I-130's approval. This will allow her to enter or reside in the U. Client's Testimonial: "Thank you for all your help. How long does it take to process an I-485 case? My family submitted three I-485 cases concurrently through EB-5 in March 2017 with the California USCIS center. During this period you may be allowed to change employers, but, again, this is dependent on the details of your case. Form I-797 is a family of forms designed to notify applicants. 12 December 2016 A Brooklyn Lawyer Serving New York Community. (Approximately 3-5 weeks after filing) After your I-485 is filed, you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). Contact USCIS by calling the 1-800 Customer Service number on your I-140 Approval Notice. I received a letter from USCIS informing that I485 is administratively closed without any appeals. Approved through 311th Public Affairs Office, Brooks City-Base, Texas 78235.