Submitting adjustment of status, form I-485, when the applicant is in between projects/not working

Question details

While submitting application for 485, must the primary applicant be on a project? My husband is a consultant on H1B, the employer has filed for green card - should my husband in a project during the 485 submission; will a between projects situation be an issue for filing 485?

ANSWER

Watch this Video on this FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working

Video Transcript:

In your case, if the husband is not in a project, then it raises two issues whether the job is permanent and how is it being sustained on H-1B visa because you cannot be out of a project if you're getting paid. In a scenario, like this, it creates a certain amount of uncertainty. So the rule is if you have a PERM based you have got to have the sponsoring employer offer you a job before you file the I-485. The sponsoring employer can be present or future employer. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.