Status of Derivatives when the Primary Applicant Receives a Green Card

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.

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

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.

Recording for May 07, 2026 Conference Call with Rajiv S. Khanna

Immigration.com

Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and lifelong. Walk-ins are also permitted.

Correcting Errors on a Pending OPT Application

Question details

If I accidentally selected the wrong category (e.g., checking the box for pre-completion OPT instead of post-completion OPT) on my Form I-765 and the application is already pending, how should I fix it?

Prepare a cover letter stating that you previously sent an email and are now uploading the corrected form with the right box checked. You should also verify if you are still within the timeframe to refile the case if necessary.

 

Recording for April 30, 2026 Conference Call with Rajiv S. Khanna

Immigration.com

Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and lifelong. Walk-ins are also permitted.

DHS Announces Consequences for Unpaid Annual Asylum Fees, Unveils New H.R. 1 Requirements

Release Date

04/28/2026

The Department of Homeland Security (DHS) is announcing an interim final rule to implement immigration fees and requirements from the H.R. 1 Reconciliation Act of 2025 (One Big Beautiful Bill Act). H.R. 1 created new fees to increase funding for immigration enforcement operations and ensure aliens pay for immigration services.