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.

Fiscal Year 2023 Employment-Based Adjustment of Status FAQs USCIS

Fiscal Year 2023 Employment-Based Adjustment of Status FAQs from USCIS

The employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023.

Jan 21, 2021 Recording of Free Community Conference Call (Every Other Thursday)

Substantial transcription for video

FAQs:

I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

Other Topics :

Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.

USCIS Updates Discretionary Criteria for Case-by-Case Interview Determinations of Adjustment of Status Applications Based on Refugee or Asylee Status 

U.S. Citizenship and Immigration Services today announced updated guidance (PDF, 319.68 KB) expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on refugee or asylee status.

USCIS Updates Policy Guidance Regarding Discretionary Factors for Adjustment of Status Applications

Release Date 11/17/2020

U.S. Citizenship and Immigration Services is updating existing policy guidance in the USCIS Policy Manual regarding the exercise of the secretary of the Department of Homeland Security’s discretion in adjudications of adjustment of status applications.

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: November 2020

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

USCIS Updates Policy Guidance Regarding Temporary Protected Status and Eligibility for Adjustment of Status

Release Date 10/06/2020

USCIS  issued policy guidance in the USCIS Policy Manual clarifying whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). INA 245(a) requires an alien to have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement.

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: September 2020

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

April 2, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday,  2 April 2020

FAQs  related to Covid Caronavirus: 

Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||  

H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status ||  H-1B denial ||  Changing H-1B home office location ||

Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers

USCIS Issues Guidance on Adjustment of Status by Aliens Whose Conditional Permanent Residence Has Been Terminated

USCIS  issued a policy guidance (PDF, 382 KB) explaining how USCIS applies Matter of Stockwell and clarifying when USCIS may adjust the status of an alien whose Conditional Permanent Resident (CPR) status has been terminated. An immigration judge does not need to affirm the termination of CPR status before the alien can file a new adjustment of status application.