Can i apply for i 485

If the extraordinary ability I is denied, and the priority date for the national interest waiver I is not current, USCIS will not transfer the I to the national interest I Therefore, when the extraordinary ability I is denied, and the national interest I is approved but the priority date is not current, the I will be denied. The second is if the I accompanies the national interest I, and the extraordinary ability I is approved first, again, USCIS will not transfer the I until the national interest I is adjudicated.

If the national interest I retrogresses, meaning the priority date is no longer current, USCIS can still transfer the I to the extraordinary ability I as long as the extraordinary ability I remains current. Finally, if the I accompanies one or the other of the Is, and that I is denied, and the other I remains pending, USCIS may match the I to the pending I as long as the pending I remains current. There is no established process to transfer the I from one I to another. If there is a Request for Evidence RFE on the I filed concurrently with the I, and another I has been approved and is current, we can request that in the context of the response to the RFE.

However, if there is no RFE, it is often extremely difficult and entangling to request such a transfer. The decision whether or not to file concurrently in these situations may depend on the need for ancillary benefits EAD and advance parole , the relative strength of the petitions, the aging out of a dependent, or other personal concerns. The considerations discussed above address most of the risks, advantages, and disadvantages of concurrent filing.

One should take into account the financial cost, such as the filing fees and legal fees, associated with the filing of an I However, the denial of the sole I filed by a person will trigger a denial of the related I, either simultaneously with the I denial or at a later date. For most family and employment-based candidates, the answer is one of the boxes in 1. But consult an immigration attorney if you're not sure. Parts 3 through 7 ask for more personal and immigration-related information, including about your parents, your marital history, and any children.

Listing organizations that you are a member of is in most cases fine; and if you are adjusting as an asylee, you should certainly mention any group affiliations that you described as part of your asylum claim. However, if any of the groups you might name here are seen as the U. For the yes and no answers in Part 8 , your answer should be "no" to most of them, as they also reflect grounds of inadmissibility.

That doesn't mean you should check off all the "no" boxes without looking. Read them carefully, and if the true answer to any of them is "yes," or even "maybe," consult an immigration attorney. Giving false information on an immigration form can get you in as much trouble, or even more, then revealing a negative piece of true information. Question 61 related to the " public charge " ground of inadmissibility to the U. Receiving public benefits doesn't mean you've done anything wrong or illegal, but it does mean you'll have to work harder to show that you won't need more such help in the future.

A few categories of applicant are exempt, such as asylees, U visa and VAWA applicants, and special immigrant juveniles. Part 9 gives you a chance to ask for accommodations you might need if you are disabled; for example, to have a medical caregiver accompany you into the interview.

Do not hesitate to use this if you need it. Part 10 requires you to sign the form. Parents can sign on behalf of children; just write their name, and then write "by [your name], parent.

If you are filling this form out on your own, you can leave the rest blank. In the context of employment-based green card, however, the primary beneficiary must have a qualifying job offer at the time the I is adjudicated. These restrictions, however, do not apply to dependents of the beneficiary alien. It is not advisable that aliens rely on EAD since if the I is denied, the alien may not be lawfully present in the U.

Despite the many ancillary benefits brought by the filing of I, aliens should be cautious when making travel arrangements as well as in regard to their work permits EAD in the U. With regard to travel, it is strongly recommended that the alien obtain approved AP prior to leaving the U. With regard to changing employment, it is advisable that the alien maintain valid non-immigrant status such as H-1B or L-1 and not rely on EAD to avoid being unlawfully present in the event that the I is denied.

Thank you Verma for all the help you provide during the process. Pending Employment I Application. Advance Parole AP Typically, an adjustment of status application is considered abandoned if an alien leaves U. Read more. If you filed the I and I with the I, you should get your Employment Authorization Document EAD card and advance parole within approximately six to eight months.

USCIS should adjudicate your green card application in approximately twelve to eighteen months, assuming your priority date becomes current. If approved, you will receive your green card in the mail about 30 days after approval. Weddings abroad are not generally considered emergencies. These are just a handful of common questions you or a foreign national employee at your organization may have before and during the green card process.

For more information check our green card resources. Envoy is pleased to provide you this information, which was prepared in collaboration with S ara Herbek , who is the Managing Partner at Global Immigration Associates, P. Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.

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