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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.
I have known about Rajivji since last 25 years when his team had helped me with h1 and green card of mine and lots of my friends and relatives too. We were very happy and impressed then and I had always recommended his name when I came across any immigration help that others I knew had needed. I have been working for a start up as an HR for past few years and the employer needed help with filing H1 for one of his very crucial employee. The employer decided to hire a local attorney in CA and unfortunately, the H1 filed by them got denied. I then recommended Mr. Rajiv Khanna and his team as I knew only he could get the H1 approved for this employee. As expected, my employer and I both agreed Rajivji is the best immigration attorney we have ever dealt with.
Initially, the employer had hired an attorney who we felt that she did not do a thorough job of filing the employee's h1 and hence his visa got denied (the RFE response did not provide the details which were needed).
On my recommendation, my employer then decided to take Rajivji's help. Right from the first meeting, my employer, employee and I feel we have gotten an excellent service from the whole team. We are truly grateful for the detailed work that was done for the H1 which was approved once filed by the team - without any RFE. We thought the whole process was done with due diligence and very professionally - lot of efforts and time were put in and I could see all that in lot of back and forth that was done. The team made was always available to answer any questions (silly as well) and also was very punctual and prompt in doing so. The final file that was prepared was shared with us and we were very impressed with the contents and details of the file, how professionally it was put together. Rajivji would come on calls to ensure everything including even any grammatical mistakes etc. The overall experience we had was the BEST and we cannot be more grateful than this - I thank Rajivji and his team from the bottom of my heart for helping us out and for navigating us through in such crisis mode. We went back for the h1 extension recently and yes that got done smoothly too, it has been absolute pleasure to work with them, to be honest, I actually miss working with them, I even commented in my last meeting with them, that I hope my employer hires many more employees on H1 and that I get a chance to work with the team again and again, and I mean that.
We plan to go back to them for the GC soon because we know, there is no other better team than this, and we are very grateful to have known of them - Thank you Rajivji and the team - Looking forward to working with you soon!