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Remedy for Denial of I-485 AOS
Today I have got denial on my I-485. Reason stated was "According to Visa Bulletin in effect on the date this application was filed , a visa was not available based on your established priority date and specific preference category" My category is EB2. Date of filing for this category is 1st July 2009. My priority date is 10th December 2008. I filed 485 application on 1/19/2016 and got receipt notice on 1/29/2016
I did my finger printing on 03/16/2016 based on USCIS schedule I and my family members also got EAD on 03/23/2016 I was surprised to see today’s denial reason. I filed 485 application based on Dates for Filing .e. 1st July 2009 for EB2 category. Not sure why they denied my case since Final action date is not current but I am sure I am eligible to file my application based on date of filing. Is there any way to appeal on this decision ? If appeal gets denied again is there any impact on my current H1B status ?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Effect of Divorce on an Employment-Based Case and Cross-Chargeability
I got married in May last year and my wife was born in Malaysia . I was on H-1B with I-140 approved then and learnt about cross chargeability and filed for green card in June, we both got our green card in October. Things are not going well with marriage and my wife moved to NY and she is thinking of getting divorce. If divorce does happen does this affect mine or her green card?
Video Transcript: As long as the marriage was in good faith and you just did'nt do it to get cross chargeability benefit then there is no problem in a divorce and that will not have an effect on her green card or yours. Both principal and beneficiary can opt out of processing the green card for their spouse if there is a split-up.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS Now Requires Report of Immigration Medical Examination and Vaccination Record to be Submitted with Form I-485 for Certain Applicants
Release Date
USCIS now requires certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may otherwise be rejected.
USCIS Forms Update Notice
Recently USCIS updated the following form(s):
12/09/2024 01:22 PM EST
Edition Date: 12/09/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
10/24/2024 10:06 AM EDT
USCIS Revised Form I-485, Application to Register Permanent Residence or Adjust Status
Release Date
On Dec. 10, 2024, USCIS published a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status, which includes updates to questions and instructions. Starting Feb. 10, 2025, USCIS will accept only the 10/24/24 edition of Form I-485 and will reject any older editions of Form I-485.
USCIS Forms Update Notice - Form I-485
USCIS recently updated the following form(s):
Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
08/28/2024 02:36 PM EDT
Edition Date: 08/28/24. M. USCIS will also accept the 08/28/24 edition. You can find the edition date at the bottom of the page on the form and instructions.
08/28/2024 02:36 PM EDT
Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes
I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.
If my boss is willing, can he:
Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?
You can start the green card process before filing for H-1B, as they are separate. It's advisable to start the green card as early as possible rather than wait. For green card filing involving different locations, you can file either as a transferable job through the company headquarters or for a future job at the intended location. Always consult a lawyer for advice.
Recording for December 19, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Topics Discussed: