Form I-485

Filing I-485 for Derivative Beneficiaries

Here is another question from one of our clients posted in our extranet forclients.com.

Qo. My Priority date became current as per August bulletin.

I and my wife are applied for I-485 on July 2007 (PF is done and got EAD and AP docs). At that time my son was in India and i could not apply for him.

Right now i am working on his I-485 paperwork and targeting to send his application to INS/Nebraska on August first itself (through your Law firm).

Marrying a US Citizen While on a "Bridge" B-1/B-2

Question details

If engaged to a US Citizen while on an H-1B grace period, is it better to marry and file an I-485 Adjustment of Status before the grace period ends, or file while a B-1/B-2 "bridge" application is pending?

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FAQ Transcript

Although US immigration law forgives unlawful presence for immediate relatives of US Citizens, marrying and filing before the 60-day grace period ends is strongly recommended whenever possible. Relying on a pending B-1/B-2 application while adjusting status introduces unnecessary legal complexity and risks.

Dropping PERM Processing Due to a Fixed-Term Job

Question details

 If a PERM application was recently certified but the employer modified the job to a fixed-term/temporary role, can a private attorney still file the I-140/I-485?

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FAQ Transcript

No. Employment-based Green Cards are strictly for prospective, "permanent" future employment. Because the employer does not intend to continue employment permanently, an I-140 cannot be legally filed based on that PERM. You must abandon this Green Card process and urgently find a new H-1B sponsor.

Traveling on Advanced Parole (AP) vs. an H-1B Visa Stamp

Question details

Is it safer for an H-1B holder with a pending I-485 and approved Advance Parole (AP) to take one continuous 55-day trip outside the US to care for a family member while working remotely, or break it up into two 20-day trips, given concerns about heightened scrutiny at the border?

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FAQ Transcript

Taking two shorter trips is generally less risky. If you have a valid H-1B visa stamped in your passport, it is advised to re-enter using the H-1B visa rather than Advance Parole. If a CBP officer requests the AP document, present the H-1B and state that entry is being requested on H-1B status to avoid abandoning underlying non-immigrant status.

Rajiv's Comments in NewsBytes - US pauses perm at Microsoft, Adobe amid green card fraud

Published by NewsBytes  - 16, October 2026
https://www.newsbytesapp.com/news/world/us-pauses-perm-at-microsoft-adobe-amid-green-card-fraud/tldr 

Quotes and Excerpts from Rajiv in the article:

Immigration experts suggest checking out alternatives like the EB-1 category or family sponsorships.