Immigration.com

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.

Getting F-1 while I-485/AOS is pending

16 years ago By Rajiv S. Khanna

Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.

Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.

Does Unlawful Presence Continue to Accrue While Fighting an NTA?

4 months ago By Chief Editor
Question details

Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?

This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.

General Rule: Yes, Unlawful Presence Continues

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

4 months ago By Rajiv S. Khanna

Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)

July 24, 2025

Community members and our lawyer colleagues have shared their stories. It appears:



1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.



2. The hearing dates are also being given in a few days or weeks.



3. The percentage of NTAs is relatively small.

Recording for June 26, 2025 Conference Call with Rajiv S. Khanna

5 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQs: US Visa & Social Media: What you need to know about new screening policies and their impact



Should I maintain my H-1B during I-485/AOS pendency?

9 months ago By Chief Editor
Question details

I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.

 

FAQ Transcript

You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.

 

Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?

9 months ago By Chief Editor
Question details

I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)

 

FAQ Transcript

If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.

Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.

 

Recording for October 24, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search



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