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.
What is I-485 Pre-adjudicate/Pre-adjudication?
How soon must I join my future green card employer?
Situation -
I have my EB2 India PD as March, 2008. I applied for I-485 in Oct 2014 (Future based GC application). My PD is not current as of yet but I have got an RFE for expired medical form I-693 ONLY in Oct, 2015.
Question: What is I-485 Pre-adjudicate/Pre-adjudication?
You are at the last step of the green card process. Your priority dates became current, you filed the I-485, then the priority dates slipped back two years, at this time USCIS has two choices. They can either put your file in their filing cabinet and forget about the case, until the priority dates become current again. Or they can sit down and can say look we have time, let’s go over the case, adjudicate all the details, decide that the case is completely qualified to receive a green card, so we pre-adjudicate, decide that the person is entitled to get the green card. Make a note on the file. If you need some documents, we send an RFE get the documents so when the priority dates become current again all we have to do is issue the green card. That’s pre-adjudicate.
Question: How soon must I join my future green card employer?
There is really no rule of thumb. But within a commercially reasonable period of time. Three to four months maybe, after approval of the green card, you should join the future green card employer. In your particular case that appears to be a requirement sometimes it may not be a requirement because of AC21 and remember AC21 portability is available even in future employer green card cases.
Though still waiting for my last stage of GC to be cleared, I went with Rajiv S. Khanna as my attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations. He helped me at every point in the whole process even when my 6 yr H1-B was getting expired to file the renewal with appropriate paperwork and was very quick to do this. I never had any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. His associates who worked with me on my case are very thorough. I am greatly thankful to Richa Narang who worked with me from the begining of the process and then Prerna Mehta who took over later who is always available and is happy to respond calmly and peacefully. Also many, many thanks to Sheena, Mathew, Lakshmi and other staff members who are very co-operative and would return calls & e-mails promptly. I even got good & prompt advises on some legal issues even if it wasn't the area of interest for them and not related to my case. I am really glad that I chose this Law firm. I am greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC.