My I94 will expire on Jan. 31st, 2021. Procedures for concurrently filed family-based or employment-based Form I-485 when the underlying visa petition is denied. Only the following people may come with you to your interview" It's FREE to register! If you are unable to obtain a nonimmigrant visa to enter the U.S. before adjusting your status, the other option for obtaining an employment-based green card is to go through a process called consular processing. However, this puts them in a precarious position should the I-485 get denied. RECOMMENDED: Reasons for a Green Card Application Denial. Conscientious objectors are required to register. To get a better idea, check the latest Visa Bulletin. If you need to travel outside the U.S. while your employment-based green card application is pending, you will need to apply for an I-131, otherwise known as an Application for Travel Document. It doesn’t require PERM Labor processing and the EB-1A can be self-sponsored without the need for a U.S. based employer. The EB-2 processing time will depend on whether you are applying for the regular EB-2 or opting for the National Interest Waiver (NIW). H-1B Lottery Rule Changes Could See Reversal. It must be filled out, signed, and submitted. It also does not increase your chances of having your petition approved and it does not affect your priority date waiting time. You will either ask your employer to sponsor you for a green card or find a different employer who is willing to do so. Generally, however, here are the steps you need to take if you are working toward getting an employment-based green card: Unless you qualify for the EB-1A green card or EB-2 NIW that allow you to self-petition, you will need to have a U.S.-based employer to sponsor your petition. Be aware that if any employment-related circumstances have changed since the time of filing it’s imperative to bring the appropriate documents during the interview. You can always check this USCIS Processing Time Information webpage to know how long it will take for your I-485 to be processed. Here is the breakdown of the timeline for PERM Labor processing times: After your employer successfully completes your PERM Labor certification process, the next step is for your employer to file an I-140 petition on your behalf. I am planning to join a different academic institution on Jan. 25th and my new employer is currently preparing an H1B transfer/ extension petition for my new position. It’s important to avoid any gaps in employment authorization, and to remember that your immigration work permit only lasts one year. All relevant INS forms (e.g., the application for Resident Alien status, I-485, and so on) include a clear statement regarding the requirement to register. Form I-485 is available for free download on the Form I-485 page of the USCIS website. In the interview letter it was mentioned that who should come with you for the interview? This article discusses the version of the form dated 10/15/2019, set to expire on 10/31/2021. * if your eligibility is based on your marriage, your spouse must come with you to the interview. has the full details on how to update your address. The second obstacle is the supervised recruitment. While actually processing the form takes an average of six months, there is an annual limit to the number of … I received my Green Card under Eb-1 last year Aug 2020. Aside from the costs involved with obtaining a nonimmigrant visa, which could be substantial, there are a few fees that come along with adjusting your status.20. Thus, if the I-485 is denied for some reason, the person will be out of status. Once your priority date is current, you can file for an Adjustment of Status by submitting an I-485 form. After your I-485 is approved, the USCIS will issue you an employment-based green card and you will have successfully adjusted your status. To guard against missing important information while your green card application is pending with the USCIS, you need to observe the following instructions: If you move to a new place after submitting your application, you will need to update your address with the USCIS. Unfortunately, the answer is “not really”. Then your employer will need to conduct interviews with qualified candidates to ensure that you are not displacing any U.S. workers. If your I-485 petition is sponsored by an employer, for instance, some EB-1 green cards, EB-2, or EB-3, you have the option to change employers six months after the adjustment of status has been filed. This method may be faster and less expensive than adjustment of status, though that varies from case to case. Lastly, premium processing is not available for the EB-1C green card for multinational executives and managers and the EB-2 green card with a National Interest Waiver. Renewing your work permit. However, if you can meet these requirements, the EB-1 can sometimes have the shortest processing timeline out of all U.S. employment-based green cards depending on your country of origin. Is your priority date current? Do I Need To Maintain My Nonimmigrant Status? Another benefit of an employment-based adjustment of status is the ability to file for an EAD. While actually processing the form takes an average of six months, there is an annual limit to the number of green cards available to each country. This USCIS “Change of Address Information webpage” has the full details on how to update your address. Cases: 397. Avoid attempting to cheat the PERM process to steer clear of supervised recruitment. In addition, most employment-based immigration petitions for temporary work status (H-1B, L-1, etc.) Employment letter from the employer confirming that the position/job is still available. I am working as a postdoctoral researcher at an academic institution on H1B. The PERM can take between six months and a year and a half to obtain depending on whether or not your employer is subjected to an audit. the EB-3 takes longer than the EB-2 for the same country). The EB-2 processing time will depend on whether you are applying for the regular EB-2 or opting for the. • On April 24, 2003, the Office of Operations issued a memorandum entitled . Therefore the dates for a Chinese citizen applying for an EB-3 green card are going to be different than that dates for a Colombian citizen applying for an EB-1. As per the Immigration and Nationality Act, adjustment of status from a nonimmigrant visa to an immigrant visa (aka green card) is only possible if the beneficiary meets all of the necessary requirements for permanent residence. One such way is through adjustment of status through the use of an I-485 form. Please let me know. Fortunately, the Department of Labor requires no fees for a PERM Labor Certification. However, there are two major hiccups that can delay this process. As Jan. 24th wil It also protects your pending AOS application from being considered abandoned. If all goes well, and there are no qualified candidates for your position, then it may take as little as six months after that to process your PERM. Applicants from countries with fewer green card applicants usually have a much shorter waiting time compared to those from countries with a large number of applicants. . Question: Should I go with my wife to attend the interview? Using the EAD and relying upon the I-485, means that there is no underlying nonimmigrant status. showing that the I-140 has been received and approved by USCIS. Adjustment of Status, Processing Time. © 2021 SGM Law Group. To qualify as a skilled worker, you must demonstrate that you have at least two years of job experience or training in the job you are applying through. earning a master’s degree, becoming an extraordinary alien, etc.). Subscribe to receive the Latest Immigration News by email. If you are already on a nonimmigrant work visa, you may also need to change your job position before you begin the application process. If this is the case, it’s important that you show up in professional attire and bring the necessary paperwork. Enjoy the benefits of tracking, analyzing, estimating and discussing your immigration matters. However, there may be costs associated with running an ad campaign and recruitment process. The full employment-based green card timeline can range anywhere from ten months in the best scenarios to several years in the worst scenarios. Also, keep in mind that not all job positions qualify for a green card. If the new I-140 is approved, then you will have successfully “ported” your green card, which can drastically reduce your priority date waiting time. This is a process that requires your employer to demonstrate that the foreign worker (you) is not taking a job position away from qualified U.S. workers. The I-485 is the last stage along the employment-based green card timeline, but in most cases, it has the longest waiting period. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. Getting an employment-based green card can be a long but rewarding process. There are many advantages to using your employment to gain lawful permanent resident status in the U.S., and there are many ways to go about getting this status. § 1154(j), are considered affected parties for revocation proceedings relating to their visa petitions. Your personal information is protected by our Privacy Policy. Copy of approved I-140 if not filing concurrently. If so, you can file both the I-485 and I-140 at the same time. As a final note, be aware that an adjustment of status is ultimately up to the discretion of the USCIS officer. If you would like to get in touch with one of our attorneys, contact us to schedule an initial consultation and learn exactly which options are at your disposal. Follow the directions on your appointment notice, but this list will get you prepared for the I-485 interview. In many if not most cases, you will find that the priority date waiting time is much shorter for green cards of higher preference levels (e.g. To qualify as a professional, you must have at least a U.S. bachelor’s degree or its foreign degree equivalent in the field you are working in. If a visa is available, and Form I-485 has not been filed, the alien will be instructed on the Form I-797, Notice of Action, (mailed out upon approval of the Form I-140 petition) to file the Form I-485… One significant drawback is that processing times may not be consistent. The employment visas have the following types: Another disadvantage is the risk of having your I-140 denied. The employment-based green card timeline for this stage is dependent on which preference level you qualify for and which country you hold citizenship. The initial recruitment period must last for a minimum of 30 days. Your immigration attorney is in the best position to guide you on this. What to Do While Your Employment-Based Green Card Application Is Being Processed by the USCIS, If your I-485 petition is sponsored by an employer, for instance, some. Only the following … You may not get important notices about your application if you fail to do this. This job can be with your current employer or with a new one, but it cannot be the same job that you used for your lower green card. If this is the case, your employer will have to go through the recruitment process with a DOL certifying officer working alongside every step. For that reason, many recommend that AOS applicants maintain their non-immigrant status until the I-140 is approved. Some preference levels have no wait time while others have a wait time of several years. If you are unable to obtain a nonimmigrant visa to enter the U.S. before adjusting your status, the other option for obtaining an employment-based green card is to go through a process called, Outstanding Professor and Researcher EB-1 Category, Multinational Executives and Managers EB-1 Category. However, be sure to speak with an immigration attorney before deciding to use consular processing as there are some disadvantages that may impact your case. This includes originals of passports, current or expired EAD cards, interview letters, pay stubs, tax returns, transfer notices, permissions to travel (advance parole), etc. Dual nationals of the US and another country are required to register regardless of where they live. Your employer will need to obtain a PERM Labor Certification on your behalf. I received my Green Card under Eb-1 last year Aug 2020. FBI clearance, Hindu, islamic marriage certificates, passport. Keep in mind that consular processing is still an option for those that are under a nonimmigrant visa status. An EB-3 applicant must have a job offer from a U.S. employer and fulfill the PERM Labor Certification requirements, which will likely mean a longer application timeline than other categories where the PERM can be waived. The questions in the I-130A are based on the past five years of the beneficiary spouse’s employment and residential history. If your employer has a history of receiving targeted audits or attempting to circumvent the system, they may be subjected to supervised recruitment. Understanding what makes someone eligible for a green card will help you determine what your timeline will be in obtaining one. To qualify as a skilled worker, you must demonstrate that you have at least two years of job experience or training in the job you are applying through. This form will be processed and if approved you will get your Green Card in the mail after a few weeks. Other Types of Employment Preference Visas. Without this, you may be considered to have abandoned your application and may forfeit the entire green card application process. This document allows you to work legally in the U.S. for a temporary period (typically a year).