Form I-485

Status of Derivatives when the Primary Applicant Receives a Green Card

4 months ago By Chief Editor

Question details

My spouse was the primary applicant for our Adjustment of Status, and they just received their Green Card. I am a derivative on the same application, but my case is still pending. What is my legal status, and can I continue to work?

You remain in I-485 Pending status. Your status does not automatically convert to a Lawful Permanent Resident (LPR) just because the primary applicant was approved; each individual application must be adjudicated. As long as you have a valid Employment Authorization Document (EAD), you can continue to work legally in the United States. You are no longer in your previous non-immigrant status (like H-4) once you begin relying on the I-485 pending status or the EAD.

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Impact of Layoffs on Pending Adjustment of Status (I-485)

4 months ago By Chief Editor

Question details

I have a pending I-485 Adjustment of Status application based on an approved I-140. If I am laid off but receive a severance package that keeps me on the "official" payroll for several weeks, when does my status become an issue, and can I move to a new employer?

Under the American Competitiveness in the Twenty-First Century Act (AC21), you can "port" your green card process to a new employer if your I-485 has been pending for 180 days or more and you have an approved I-140. If you are laid off before the 180-day mark, you are in a more precarious position. However, if your employer keeps you on the payroll via severance, your official termination date (the date you no longer have a "bona fide" job offer) is what typically triggers the legal concern.

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Replace Your Green Card

11 months ago By Chief Editor

When to Replace Your Green Card

Lawful Permanent Residents

If you are a lawful permanent resident, you must replace your Green Card if:

Green Card

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Recording for July 10, 2025 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

FAQs: What are the risks of job seeking while on F-2 or B-1/B-2 status post-H-1B layoff || F-1 COS -- Risks of future denials, job search, and visa stamping with multiple status changes || H-4 extension (I-539) abandoned by travel? Re-filing strategy after re-entry with new I-94

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Recording for June 12, 2025, Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Calls

Citizenship and Naturalization

Citizenship

Nonimmigrant Visas

Immigration Law

Green Card

FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?

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Recording for May 29, 2025, Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Calls

Agency

Nonimmigrant Visas

Green Card

FAQs: New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?|| Will admitting to an unsuccessful job search affect my B-2 visa extension approval?

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H-1B extension beyond six years. PD is now current. I changed employer. Options

1 year ago By Chief Editor

Question details

My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?

FAQ Transcript

If your I-140 is approved and your priority date becomes current, you generally have one year to file Form I-485 (Adjustment of Status) to maintain H-1B extension eligibility beyond six years. This one-year window is dynamic: if your priority date retrogresses and then becomes current again, the clock resets. USCIS rarely accepts changing employers as a valid reason for not filing the I-485 within this timeframe, making H-1B extensions difficult if you miss the deadline while your priority date is current.

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Port of Entry (POE) risk for a green card holder with a concurrent employment history?

1 year ago By Chief Editor

Question details

I had a green card and worked for two remote employers simultaneously for two years without knowing each other. Got two W2s for two years. But for the last year, working for only one employer. Planning on vacation outside of the country. Do I have any issues at POE because I am employed at multiple places at the same time?

FAQ Transcript

A green card holder working two remote jobs simultaneously without their knowledge, receiving two W2s and presumably paying taxes, has likely committed a potential violation of their employment contracts (a civil matter), but it should not impact their green card status or ability to travel, assuming their overall green card history is clean.