Adjustment of Status

The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: December 2015

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa?  If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

Recording of Free Community Conference Call (Every Other Thursday), 1 October 2015

Substantial transcription for video

We discussed these (and other) issues of US immigration:
FAQ: Can a J-2 holder get a HRR 212(e) waiver without J-1?
Other: Retaining green card while in Canada; Starting my company, violation of status; I-140 revocation; Unused H-1B for quota exemption; H1B to H4 COS without latest Paystubs; EAD renewal separated from spouse; H-4 EAD approved in error; Effect of salary reduction; H-1 transfer, OPT travel; Visa Waiver apply for AOS; Retaining priority date; Visa stamping for H-1B amendment; Arrest without conviction; Reentry permit, etc.

USCIS Suspends Final Adjudication of Employment-Based Adjustment Applications for the Remainder of FY 2015

Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.

This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015).

Priority date port and multiple I-485/AOS petitions

Question details

I have my old Priority date as Dec 2009 in EB-3 and when I changed the company they filed the Labor and I-140 in EB-2 and my old Priority date is not ported on my new I-140 and I see the new I-140 in EB-2 with the Priority Date as Jan 2013. Now with the revised USCIS VISA Bulletin can I apply my I-485 with old PD ( EB-3) and simultaneously to be safer side can I apply I-485 from my wife's side and her PD is July 2010.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/OMuYdzLJ2qQ?t=1436

FAQ Transcript:

I-485/AOS/AC21 issues in job through future employer - I-485/AOS

Question details

Situation -<br>
1. I am working with employer A on L visa.<br>
2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now)<br>
3. My I-485 filed by employer B is pending for more than 180 days.<br>

4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.<br>

Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)<br>

1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then -
How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?<br>
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485?<br>

2. If we want to respond to EVL RFE using Employer C's offer then -
How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?<br>
What should be the offer extended date and<br>
What should be the joining date to comply by AC21?<br>

3. If I respond to this EVL RFE using employer B's job offer letter then -
What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)?
(FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)

See clip from Attorney Rajiv S.

Recording of Free Community Conference Call (Every Other Thursday), 17 September 2015

Substantial transcription for video

FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions; 
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.