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I-485

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What are the advantages and disadvantages of applying for an immigrant visa through consular processing and adjusting status to permanent resident through filing an I-485? Family Immigration

What are the advantages and disadvantages of applying for an immigrant visa through consular processing and adjusting status to permanent resident through filing an I-485?

The consular processing option and adjustment of status option have different advantages and disadvantages such as ease of international travel, extending one’s stay in the US, and US work authorization.
February 6, 2024
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Does an individual with a pending adjustment of status application continue to accrue unlawful presence? Deportation & Humanitarian ImmigrationImmigration

Does an individual with a pending adjustment of status application continue to accrue unlawful presence?

An individual with a properly filed pending application to adjust status does not accumulate unlawful presence while the application is pending, but would begin to accumulate unlawful presence starting on the day after the application is denied.
August 15, 2022
What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards? Family ImmigrationImmigration

What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards?

Let’s analyze the following scenario: Your employer filed an employment based petition (I-140) and you filed an Adjustment of Status application based on the approved employment-based petition. Your green card petition is currently pending and you now married a U.S.…
February 17, 2020
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Can I change My Adjustment of Status Application from an Employment-Based Petition (I-140) into a Family-Based Petition (I-130)? What Are the Eligibility Requirements? Family ImmigrationImmigrationImmigration Law Changes &  New Law

Can I change My Adjustment of Status Application from an Employment-Based Petition (I-140) into a Family-Based Petition (I-130)? What Are the Eligibility Requirements?

Interfiling is an administrative procedure described in the USCIS Policy Manual.  It is possible for an applicant whose application is based on a particular immigration category (either family or employment based) to have the pending application considered under another category,…
February 3, 2020
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Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer? H-1B and E-3 VisaImmigration

Can I quit my current job and start working at another employer while my I-485 is pending? Can I use my approved EAD to work at another employer?

Many employment based green card applications are processed while an applicant is on an H-1B visa.   This usually involves filing an I-140 petition along with an I-485 petition.  You can find out more about the green card process by clicking here.…
May 21, 2019
I am Applying for my Green Card through an Employer. How Should I Prepare for my Green Card Interview? H-1B and E-3 VisaImmigration

I am Applying for my Green Card through an Employer. How Should I Prepare for my Green Card Interview?

On March 6, 2017, President Trump signed Executive Order 12780, which, among other things, called for the implementation of standardized vetting procedures for immigration benefits, including in-person interviews. Based on this Executive Order, U.S. Citizenship & Immigration Services (“USCIS”) now…
July 5, 2018
Adjustment of Status to Green Card The Three Steps to Obtain An Employment Based Green Card (EB-2, EB-3) H-1B and E-3 VisaImmigration

Adjustment of Status to Green Card The Three Steps to Obtain An Employment Based Green Card (EB-2, EB-3)

There are three main steps to obtain an employment-based green card: PERM Labor Certification (Assessment of whether or not there are qualified U.S. workers) I-140 petition (employer petition for permanent foreign worker) I-485 application (employee application for permanent residence (green…
January 12, 2014
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