Sage-Tips

When can I file I-485 employment based?

Based on an employment-based immigrant petition (Form I-140), you may file Form I-485 once you: Have an approved Form I-140 AND an immigrant visa number is immediately available to you; or. Are filing the application with Form I-140 AND an immigrant visa number will be immediately available to you.

What is my nonimmigrant status while my adjustment of status is pending?

Q: What is my non-immigrant status while my adjustment of status is pending? While your current status is valid, you continue to live in the U.S. under that status. For example, if you are in H-1B status and your adjustment of status application is pending, you will continue to be in H1B status until it expires.

Where do I file I-485 by asylum?

You may file Form I-485 and Form I-140 together at the USCIS Dallas Lockbox.

Can I file Form I-485 online?

You can file Form I-485 either online or by mail. To submit your form online, you should create a MyUSCIS account on the U.S. Citizenship and Immigration Service (USCIS) website. You can then receive all updates on your application through your alien registration number (a-number).

What is my legal status while I-485 is pending?

You have the right to remain in the United States while the application is pending. However, if USCIS denies the I-485 application, you could be forced to leave the United States immediately.

Can I file I-485 before priority date is current?

A priority date is the date the PERM was filed, and you can see if that date is current on the USCIS visa bulletin. Only applicants with current priority dates are eligible to file form I-485. If the priority date is not current, the application will be rejected.

How do I file Form I-485 for adjustment of status?

File Form I-485 If you are in the United States and are eligible for adjustment of status, you may file a Form I-485. Go to the Form I-485 instructions and the web page for your immigrant category for instructions on how to complete your application and properly file it with USCIS.

Can I stay in the US while my I-485 application is pending?

If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending.

Can a F-1 student drop out of school while I-485 pending?

Not Maintaining Status If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending. As an F-1 student, you could potentially drop out of school.

Can I file Form I-485 and I-140 at the same time?

For more information on the Visa Bulletin or the charts, please go to our Visa Availability and Priority Dates page. You may file Form I-485 and Form I-140 together at the USCIS Dallas Lockbox. If you are requesting premium processing for Form I-140, you must also file Form I-907, Request for Premium Processing Service.