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ON ADJUSTMENT OF STATUS

What is an Adjustment of Status?

The applicant may apply for lawful permanent resident status if the applicant is present in the United States and meets with the other requirements. To apply for Adjustment of Status, applicant must submit a separate Form I-485 for himself/herself and each of the dependent family members to the appropriate USCIS office having jurisdiction.

Why do I need an EAD?

Often the adjustment of status application takes a long time to be processed and approved. Therefore, filing I-765, Application for Employment Authorization (EAD) based on pending I-485 provides you with the work permit to continue working in the U.S.

For employment based applicants like those on H-1B, this is an opportunity to file for work permits for spouses.

Why should I apply for Advance Parole (“AP”)?

If you travel outside the U.S. while your Adjustment of Status is pending, you may be shown to have abandoned your case unless you have permission to travel. This permission is given upon receipt of the approved Advance Parole Document. However, if you are on H-1B or L-1, you do not need the AP.

What’s that new rule about maintenance of H-1B and L-1 status for certain adjustment applicants?

Earlier, all H-1B and L-1 adjustment status applicants were required to obtain advance parole prior to traveling outside the U.S. However, now, if you are an adjustment of status applicant and have maintained your valid H-1B or L-1 status, you are eligible to travel outside the U.S. without showing to have abandoned your adjustment case. While traveling on H-1B or L status, please make sure that your visa is valid, you are continuing to be eligible for the said classification, and you have with you, the original Adjustment of Status receipt notice – I-797.

While my Adjustment of Status application is pending, can I bring my spouse on H-4 or L-2 if my H-1B or L-1 visa continues to be valid?

H-1B or L-1 worker traveling outside the U.S., while an Adjustment of Status application is pending, may apply for H-4 or L-2 visa for his/her spouse and depending children below 21 years of age.

Why do I have to renew my H-1B or L-1 after I receive my EAD?

This is to protect you from going out of status and start earning unlawful presence in the United States. If your I-140 or I-485 is denied, you immediately go out of status. Therefore, the renewal of H-1B or L-1 status is highly recommended.


The information contained on this site is offered only for general informational and educational propose and does not constitute a legal advice or opinion. All efforts are being made to keep this information current, but it may not be guaranteed that it applies to your specific case, and should not be relied upon or acted without seeking the advice of qualified attorney.