I 485 Case Was Approved

We hope that this information would be helpful for family-based I-485 applicants who are preparing or are awaiting the outcome of their I-485 application. This is needed when filing the Adjustment of Status (I-485) after marriage. You will remain on the same status as before the petition was filed. 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. In order for your I-485 approval to happen, we need to see three things happen: Your I-140 approval. If You Have Moved Since Your Case Was Approved. 12 December 2016 A Brooklyn Lawyer Serving New York Community. Unfortunately, the company is shutting down at Services due to policy changes in the IT department in order to claim your refund. The Form I-485 Application for Adjustment of Status is the designation of an immigrant visa to the beneficiary. 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. You may be applying for Green Card via Employment-Based (EB) from H1B or L1 or another visa status, but for the most part, the EB2 and EB3 steps remain the same. 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. What about filing I-485 when I140 is revoked by previous employer?. When can I file my I-485 Adjustment of Status? You can file your I-485 Adjustment of Status (even simultaneously with the I-140 petition) as long as your I-485 priority date is current. I thought my case will be either approved or disapproved after the interview. When your petition becomes current, or is likely to become current within one year, the NVC initiates immigrant visa pre-processing. What does mean "Case was approved"? I 485, AOS 12-04-2018, 08:40 PM. The officer did not told us it was dined nor it was approved. I realise I'm being super impatient and that I could just wait to see what comes in the mail - but I just received an update on my USCIS case account that my "new card has been ordered" for my I-485 AOS. All EB I-485 cases based on an approved I-140 petition in the EB-1, EB-2 or EB-3 categories will be scheduled for an interview if the AOS was filed after March 6, 2017. I also have the same question “Should the I-140 be with the current employer to file I-485? I have approved I-140 from my previous employer (PD : March 2012) and its active and not revoked. 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. This is not correct. Separate from the H1B case, the individual's employer was pursuing a permanent residence (green card) case on behalf of this foreign national. Your background check must be complete. To go through this process, the beneficiary will need to be physically present in the U. Consular office in their home country. The approved I-140 stays valid and you can refile a new I-485 based on it. Once your I-485 is approved, you are a lawful permanent resident able to work for whomever you wish (or not at all). Hi, as the title says, can someone explain me what the case was approved mean? Thanks. Because she is in removal proceedings, either. What about filing I-485 when I140 is revoked by previous employer?. An I-129F approval is not a K-1 visa approval. I encourage every body with I 485-I 130 pending adjust of status who are beyond timeline processing time to make an info pass appointment and inquire about the case. In fact, if you get a new EAD and use it as part of I-485 application, you will lose your H-4 nonimmigrant status. To edit or add new I-485 case, please register your account on our site and edit them in your profile page. 485 AP date: Approval date of I-485, the "green" date. I-551 stamp in your passport is a temporary proof that you are a permanent resident of the U. The NVC's main role is to transfer your case to the U. Driving is pretty essential in most cities in the Unites States. USCIS could approve I-485 several weeks after I-130's approval. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. I received a letter from USCIS informing that I485 is administratively closed without any appeals. 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 accept once Form I-485 is approved. Next Steps after the Approval. 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. 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. Instead of applying for the Adjustment of Status, a foreign national may also apply for an immigrant visa at a U. In either case, the USCIS notes that if you do not have such documentation, they will review their electronic records for the I-140/I-485 receipt number provided on the Supplement J. We have heard reports from other attorneys that clients have received email confirmation of approval , but these reports are not widespread. the I-485 cover letter that the I-485 is filed concurrently with the I-360, or do we need to enclose evidence of the I-360 petition in the I-485 packet, such as a copy of the Form I-360? o We recommend referencing the concurrent filing in the cover letter. Once the petition has been received and approved, the applicant will be able to submit Form I-485 correctly to the United States Citizenship and Immigration Services (USCIS). Form I-485 is an application to register permanent residence or adjust status. However, this does not prevent the pending Form I-485 case from being approved by USCIS. Refer to the Filing Instructions on Form I-907 if you want to file Forms I-485, I-140, and I-907 together. Receive automatic case status updates by email or text message,. It's a green card stamp in your passport specifically for cases where international travel is needed and the green card hasn't arrived. Once they clear, can my case be approved if my priority date is no longer current? No. Does this mean my case approved? Your Case Status: Decision On February 29, 2012, we mailed you a notice that we had registered this customer's new permanent resident status. We did not file our I-485 petitions together with I-140 (non-concurrent filing). This form is used to apply for the Green card within U. sai1 July 16, 2019. 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. I-551 stamp in your passport is a temporary proof that you are a permanent resident of the U. USCIS reports that the online case status for an EAD application should be updated the same day that an approval issues. If you have filed an I-140 petition, you are eligible to file I-485 (adjustment of status) application. If your I-140 petition has been approved, then your chances of approval based upon portability are better. The adjudications officer may indicate a recommendation for approval. Each form takes approximately three to six months to approve and the forms are typically approved simultaneously. 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. Applicants living abroad are not eligible to file Form I-485, Application for Adjustment of Status to Permanent Resident. 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. Means that you are on the last stage :). application was approved. We will mail your approval notice. your EAD is in production, mine was in production on the 3rd, and they mailed it out on the 9th, and I got it yesterday, on the 13th, so expect to wait a little while for it. Be sure to apply early for the AP, because the travel document must be approved before you depart the United States. First, USCIS has to send your file to the NVC. If you are filing concurrently with I-485 like what I did, you don't need any evidence to support the reason. consulate abroad. I have setup a Infopass appointment. 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. Indian-born client had I-140 approved under Category EB2 with Priority Date of 2003 and a pending I-485 case affected by retrogression. His case was filed at the California Service Center. Form I-485, Application to Register Permanent Residence or Adjust Status, is the form the beneficiary of the immigrant petition needs to file to go through adjustment of status. 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. The child's I-485 will be held in abeyance until additional visas become available, perhaps in the new fiscal year. 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. You must have an approved Immigrant Visa Petition (for example: Form I-130, Petition for Alien Relative or Form I-140, Immigrant Petition for Alien Worker, or Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, etc. This is only the first step of the process. Interviews are a standard part of the process after filing Form I-485, Application to Adjust Status. The adjudications officer may indicate a recommendation for approval. With few exceptions, the Green Card process begins when a U. Filing I 485 is the first step in obtaining your green card. The application for adjustment of status (I-485) was filed after several rejections due to various filing errors. After the waiver is approved, the I-485 is normally approved and a permanent resident card issued. I realise I'm being super impatient and that I could just wait to see what comes in the mail - but I just received an update on my USCIS case account that my "new card has been ordered" for my I-485 AOS. Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in their home country. When the USCIS announced in September that they would start requiring in-person interviews for employment-based applicants who had filed an I-485 application for an adjustment of status, uncertainty rippled through immigration law offices from coast to coast. But it will probably take some months before they actually schedule your interview. That can take six to eight weeks after approval of your I-130 in some cases, and possibly even longer. If you receive a Notice of Action I-797 (NOA) approval by mail, make sure to save it. An applicant may also provide “secondary evidence” to demonstrate a pending AOS application and the existence of an approved or still pending I-140 petition. Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in their home country. Approximately 5 to 10 percent of employment-based cases have been subject to interview, so the "odds" of a pre-March 6 case being pulled for interview will be about the same. 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. Next Steps after the Approval. I 797 notice can be appended with a letter (I-797C) to service a specialized purpose. This is the case regardless of whether the forms are filed together or separately. Go the "Case Status Online" webpage and #case #casenumber #checkstatus It can take several months to get a decision on your green card application. Appeal - A caller asked what the procedural distinction is between a motion to reopen or reconsider and an appeal. Depending upon the circumstances of your specific case, their status may remain the same, or may be transitioned to a different status, pending I-485 approval. Case was approved i 485 keyword after analyzing the system lists the list of keywords related and the list of websites with related content, in addition you can see which keywords most interested customers on the this website. 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. If the priority date is not current, even if everything goes perfectly at the interview, the case cannot be approved. The exam must be done by a doctor who is authorized by 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. Form I-485, Application to Register Permanent Residence or Adjust Status, is the form the beneficiary of the immigrant petition needs to file to go through adjustment of status. 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. The approved I-140 stays valid and you can refile a new I-485 based on it. If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. You should consult an attorney to assess your case before proceeding. 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. This is only the first step of the process. If the principal beneficiary adjusted status in the U. 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. MG 485 BUSINESS POLICY AND STRATEGY CASE BASED COMPONENT PAPER #3 STRATEGY FORMULATION: SITUATION ANALYSIS & STRATEGIC CHOICE THIS IS AN… Can someone please help me put this together im losing my mind the company thats being used for the assignment case study is Target corporation Department StoreMG 485 BUSINESS POLICY AND STRATEGY CASE BASED …. 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. Biometrics in November 2007. 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. The green card application requires a signed Form I-485; signed Form G-28 (if an attorney is handling your case); a copy of your birth certificate and marriage certificate (if you are married); passport-style photographs; and a completed medical examination performed by a USCIS-designated Civil Surgeon. i-485 permanent resident pending decision form for f-1 students When you file the I-485 application to adjust your status from a non-immigrant to an immigrant you are considered to be pending for permanent residency or sometimes called PR Pending or I-485 Pending. I realise I'm being super impatient and that I could just wait to see what comes in the mail - but I just received an update on my USCIS case account that my "new card has been ordered" for my I-485 AOS. In that case, as described above, USCIS may "match" the I-485 to the second I-140, or we can try to alert them and request a transfer to a pending I-140. No one can promise exactly when a decision will be reached on your case by USCIS. Corresponding to the H-1B, we have three approval I-797 forms I-797A, I-797B and I-797C. However, just because your I-140 was approved, doesn't mean that the I-485 is just a formality. hello, my first i-485 (concurrently with i-140 pursuant to schedule a) was filed validly since i was on h4. Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in their home country. A lot has to happen, however, before the NVC can do that. 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. Go to our Form Filing Tips page for information on how to help ensure that we will accept your application. If you require a waiver for the unlawful presence bar, you should file a Form I-601, Application for Waiver of Ground of Inadmissibility. 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. Tags: None. 485 Pending days: number of days between receive date and approval date of I-485. 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. EB1a I-140 approval date: Jan. Some I-485 applicants do not have current priority dates at the time of the interviews. Why I-130 status says approved but no change on I-485 even though its a concurrent filing?. Client's Testimonial: "Thank you for all your help. We are accepting comments on the proposed revisions published in the Federal Register until May 31. 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. When you apply for a green card (adjustment of status) in the United States, you usually need to have a medical examination. Eligibility Requirements for Form I-485 Applicants who are currently inside the U. This makes us 6 for 6, so far, with a few more pending. So now the employer is planning to file for H1b extension, he has valid visa till feb 2020. 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. Learn about USCIS Notice of Action today. Once an immigrant spouse's I-485 or D-230 petition is approved and the process is complete, she will receive an immigrant visa. This VAWA approval classifies our client as the battered spouse of a US citizen, allowing her green card application to proceed. In order for your I-485 approval to happen, we need to see three things happen: Your I-140 approval. Do I need to extend my H1b visa when I have approved I140? Can one still file I-485 and I-765 3 months after approved of I-130? Should I file for visitor's visa extension while waiting for I-130 approval? If my I-130 form (1st family preference) was approved and transferred to NVC, can I apply for a work permit, H1B visa?. petitioner's status and the familial relationship are established, the I-130 will likely be approved by U. Can you file I-140 and I-485 together? Yes, this is known as concurrent filing. 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. Once the application package (I-485, I-693, and the filing fees) are received, the applicant will receive the receipt number. Unlike other immigrant categories, EB-5 investors may not concurrently file their I-485 with their I-526. 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. For more detailed information about this case, please refer to "Green Card Approved in 3 Days Following Writ of Mandamus Filing". The green card application requires a signed Form I-485; signed Form G-28 (if an attorney is handling your case); a copy of your birth certificate and marriage certificate (if you are married); passport-style photographs; and a completed medical examination performed by a USCIS-designated Civil Surgeon. If you have filed an I-140 petition, you are eligible to file I-485 (adjustment of status) application. Reversing an Erroneous USCIS Decision – Denial of I-485 Application back to Success Stories Our attorneys represented a client whose I-485 Application was denied because he had been previously arrested for possession of cocaine. us respects your right to privacy. I-797 is an H-1B approval notice (known as I-797,Notice of Action) issued by the USCIS (United States Citizenship and Immigration Services) to the petitioner when a candidate’s petition for an H-1B is approved. First, USCIS has to send your file to the NVC. Learn about USCIS Notice of Action today. 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. Because she is in removal proceedings, either. A decision will be subsequently communicated to him or her. See here for processing times. What Is The Process for a Temporary Green Card Holder Deportation From the U. the I-485 cover letter that the I-485 is filed concurrently with the I-360, or do we need to enclose evidence of the I-360 petition in the I-485 packet, such as a copy of the Form I-360? o We recommend referencing the concurrent filing in the cover letter. 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. What Happens After Filing I-485, Application to Adjust Status. The decision to waive the interview should be made on a case-by-case basis. Filing an asylum application does not provide you with any lawful status - regardless of whether the case is in the Asylum Office of USCIS or in the Immigration Court - unless the asylum is granted. consulate or embassy abroad. Go to the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status page to see where you should file your application. In addition, an immigrant visa must be "immediately available" for the spouse. I-485 approval takes a lot more work on the part of the officers (including security check clearance). Form I-539 covers immigration approval notices for B2 visa, H4 visa, L2 visa and others. During this period you may be allowed to change employers, but, again, this is dependent on the details of your case. After your I-485 is approved, the USCIS will issue you an employment-based green card and you will have successfully adjusted your status. my second i-485 was filed almost immediately after the denial. The green card application requires a signed Form I-485; signed Form G-28 (if an attorney is handling your case); a copy of your birth certificate and marriage certificate (if you are married); passport-style photographs; and a completed medical examination performed by a USCIS-designated Civil Surgeon. A that time I checked my case on USCIS and the interview was still "pending" (ie: we have received your paperwork mid-august etc etc). 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. Reversing an Erroneous USCIS Decision – Denial of I-485 Application back to Success Stories Our attorneys represented a client whose I-485 Application was denied because he had been previously arrested for possession of cocaine. However, this does not prevent the pending Form I-485 case from being approved by USCIS. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. 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. Q&A’s published on Lawyers. This form is used to apply for the Green card within U. You may be eligible for a I-485 USCIS interview waiver in your employment immigration case. case, that it is inappropriate to revoke the approval of the petition. I-485 Dependant was approved but primary applicant is PENDING Posted: 21 Oct 2011. If the individual's I-485 is subsequently denied, the EAD card automatically terminates. 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. What is the NYSDOT case, and how does it relate to national interest waivers?. 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. The first I-485 approval if for our client, (hereinafter, client “R”), who is a native and citizen of Nigeria. The I-485 processing time varies depending on which service center. 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 accept once Form I-485 is approved. 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. 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. Citizenship and Immigration Services (USCIS) hosted a stakeholder call to discuss the implementation of the new interview requirement for employment-based adjustment of. 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. 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. Citizenship and Immigration Services issues I-797 forms to inform the recipients of actions that the USCIS has taken in their cases. No one can promise exactly when a decision will be reached on your case by USCIS. The rest of the letter describes how the case is forwarded to the National Visa Center (NVC). Form I-485 covers green cards through all categories. After your I-485 is approved, the USCIS will issue you an employment-based green card and you will have successfully adjusted your status. Some EB I-485 cases filed after March 6, 2017, might still be approved until the new policy is fully enacted. However, the denial of the sole I-140 filed by a person will trigger a denial of the related I-485, either simultaneously with the I-140 denial or at a later date. - I am not sure if his following-up expedited the case or not. Green Card Approval Based on Approved I-360 VAWA (Spouse of Abusive USC) for Kenyan Client in Atlanta Georgia by JP Sarmiento on January 19, 2017 CASE: I-485 Adjustment of Status based on Approved I-360 Petition. When your petition becomes current, or is likely to become current within one year, the NVC initiates immigrant visa pre-processing. Contact USCIS by calling the 1-800 Customer Service number on your I-140 Approval Notice. The I-485 processing time varies depending on which service center. This is called non-concurrent filing. Tip: keep this notice safe, you'll need it when you file the Adjustment of Status (I-485) after marriage. Interfiling New Immigrant Petition into Pending I-485 Case August 22, 2015 by Asheesh Sharma. My husband recently received a letter from USCIS stating that my I-130 was approved but his I-485 was denied and has until May 26, 2010 to leave the U. I-485 Employment-Based Interview: Here's What to Expect Feb 02, 2018. Hi, as the title says, can someone explain me what the case was approved mean? Thanks. The officer did not told us it was dined nor it was approved. UPDATE: Mandatory Employment-Based I-485 Adjustment of Status (Green Card) Interviews Posted on October 4, 2017 by webmaster Posted in Updates On September 28, 2017, the U. Each applicant files an I-485, Application for Adjustment of Status, with the Nebraska Service Center. 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. Once they clear, can my case be approved if my priority date is no longer current? No. 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. 1) File form I-485: In this case, the applicant can file for adjustment of status using form I-485 and for family members while in US. 1, 2010, so the I-485 cannot be approved. If you are filing Form I-485 based on a pending or approved Form I-140, go to the Direct Filing Addresses for Form I-485 page to see where to file your application. No, you do not need to refile an I-140 Petition which has been approved if your I-485 based on that petition is ultimately denied for one reason or another. Q: My I-130 has been approved now my I-485 is denied base for not filing all the form requirement, what are my options? The denial is basis on not providing the affidavit support while filing the form, should I just file again or what can I do in this case?. 485 AP date: Approval date of I-485, the "green" date. A lot has to happen, however, before the NVC can do that. If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. Unfortunately, even if the principal’s I-485 adjustment of status application has been approved, the U. New card is being produced USCIS status means that your EAD application has been approved and the card has been sent for printing. Form I-797 is a family of forms designed to notify applicants. 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. This makes us 6 for 6, so far, with a few more pending. com and the Epoch Times – 10/27/2017 1. 224, 262] And such speculators may not be uncommon, at least in this case. 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. Interfiling New Immigrant Petition into Pending I-485 Case August 22, 2015 by Asheesh Sharma. The petition was considered abandoned for the following reasons: They supposedly contacted us by phone to prove my husband's am. First, applicants must be residing in the United States. Gupta i am on my H4 visa status, but my spouse i140 was filed in premium processing, receipt number was received on july 8th. Client's Testimonial: "Thank you for all your help. 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. Do NOT file an application for Premium Processing at a USCIS Lockbox facility. The communication should be limited to one case per e-mail. Petitions (Forms I-130 and Forms I-140) approved by USCIS in the United States are sent to the Department of State's National Visa Center (NVC) for pre-processing. After approval of his I-140 we both applied for I-485 and I-765 (me as a "derivative adjustment"). " On September 6th, 2019, we received another EB-2 NIW (National Interest Waiver) approval for a PhD Candidate and Research/Teaching Assistant in the Field of Computer Science (Approval Notice). 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. An applicant can send a preliminary "Notice of Intention to File for a Writ of Mandamus and Declaratory Judgment" to USCIS to seek a final decision on the case. 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. Dates below are in MM/DD/YYYY format. immigration attorney. In that case, as described above, USCIS may "match" the I-485 to the second I-140, or we can try to alert them and request a transfer to a pending I-140. must first petition for an immigration visa. Go to the Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status page to see where you should file your application. Means that you are on the last stage :). 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. Will also leave my current job with my current employer in US (who has filed for my I-140). Our law firm is now accepting cases for applications under this new rule, please call us at 510-742-5887 for more information. 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. That can take six to eight weeks after approval of your I-130 in some cases, and possibly even longer. NOTE: Whenever we provide a "processing time frame" it is an educated guess. which seeks permission to live and work in the Country. PCee Art work from CIBA's site. This VAWA approval classifies our client as the battered spouse of a US citizen, allowing her green card application to proceed. 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. 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. No, an approved I-140 petition will not change your nonimmigrant status. today, i just checked my case status and it showed this message below. Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Services (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. 1, 2010, so the I-485 cannot be approved. 12 ed Documents that a Customer in this Category may have as Proof of Legal Presence 1 of 3 A1 •. I submitted the I-130, I-131, I-765 & I-485 concurrently on mid August 2018 (Married US citizen). Q: My I-130 has been approved now my I-485 is denied base for not filing all the form requirement, what are my options? The denial is basis on not providing the affidavit support while filing the form, should I just file again or what can I do in this case?. • When the I-485 application for adjustment is adjudicated, which could take up to a few years but varies case by case, the applicant may be called into the INS field office for an interview. We will mail your approval notice. I-551 stamp in your passport is a temporary proof that you are a permanent resident of the U. What is the NYSDOT case, and how does it relate to national interest waivers?. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. New card is being produced USCIS status means that your EAD application has been approved and the card has been sent for printing. All I-140s (including NIW and even EB1As) are now subject to an adjustment interview. sai1 July 16, 2019. These actions can include approving an application for citizenship or alien worker status, confirming receipt of a fee payment, or scheduling an interview. 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. 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. Page 4, part 7, you would want to select "More than one trip" just in case you have to leave USA and come back multiple times. 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. In case you receive a request for evidence you need to respond it within the timeframe usually 30 to 90 days, but not more than 12 weeks. 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. 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. Will also leave my current job with my current employer in US (who has filed for my I-140). before filing of I-485 application, and they should have accumulated an aggregate of less than 180 days of unlawful stay or unauthorized employment, during the period either before or after filing of I-485 application. I-485 Application to Register Permanent Residence. National Interest Waiver cases will normally be approved between six months to a year, by the USCIS. Form I-797 is a family of forms designed to notify applicants. Indian-born client had I-140 approved under Category EB2 with Priority Date of 2003 and a pending I-485 case affected by retrogression. However, it did not say anything about an interview. This will allow her to enter or reside in the U. My case - EB2 India, PD June 2006. Meeting Invitation (PDF, 139 KB). 2) Consular Processing: In this case, applicant can apply for adjustment of status at the U. After your I-485 is approved, the USCIS will issue you an employment-based green card and you will have successfully adjusted your status. 12 December 2016 A Brooklyn Lawyer Serving New York Community. If you require a waiver for the unlawful presence bar, you should file a Form I-601, Application for Waiver of Ground of Inadmissibility. You’re mailed an approval Notice of Action I-797 (NOA) with details of your fiance visa petition. Form I-539 covers immigration approval notices for B2 visa, H4 visa, L2 visa and others. Meeting Invitation (PDF, 139 KB). I-485 approval takes a lot more work on the part of the officers (including security check clearance). If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. In case you lose it, you'll have to arrange an appointment with a USCIS officer who can communicate with you about your status. This makes us 6 for 6, so far, with a few more pending. First, applicants must be residing in the United States. Citizenship and Immigration Services (USCIS). I repeat the number. Zzinet News SUNDAY, DECEMBER 28, 2008 Case: NIW I-140 and I-485 Approved After 2 Months Attorney Jerry Zhang [email protected] Gupta i am on my H4 visa status, but my spouse i140 was filed in premium processing, receipt number was received on july 8th. choose to file the I-485 application from within the U. I wouldn't call the I-485 approval just a formality. A formal decision (approval/denial) is made during this step and a notice is mailed to the applicant/petitioner.