Form I-485

The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.

Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?

The following questions were asked in today's community conference call. I feel the answers should be of use use to many folks.

In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant:

Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.

Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.

Q. How soon can I leave my petitioning employer once I get my green card approval?

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).