Recently USCIS issued a new rule stating that all employment based green card applications will be subject to interview starting on October 3, 2017. Family-Based Green Card. The statistics are very recent - as of January 5, 2011 - and are very helpful to understanding the relative queue positions for employment-based adjustment of status applicants. At the time the I-485 was filed, the applicant was working based on an approved H1B petition. Employment-based I-485 cases are often adjudicated without interviews. Next » (Displaying 1 - 10 of 255 cases). This version does not include the pending I-485 inventory from the Field Offices. For successful approval, the qualifying offer of employment must continue until the employee’s I-485 adjustment application is approved (after labor certification approval, if required, and I-140 approval) or until the I-485 adjustment application has been pending at USCIS for at least six months. It is a multi step process, involving certain document work confined by few rules and regulations. Was working with Employer A on H1 between 2007 - 2009. In August 2017, the U. Background: Revocation of H1B Petition Leads to I-485 Troubles. An applicant can not appeal the USCIS decision of employment-based I-485 application. USCIS will interview applicants whose I-140 immigrant worker petition was filed on or after March 6, 2017, as well as any family members applying with the principal. This policy only impacts employment-based I-485 green card applications. The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2. Enclosed please find Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-864 Affidavit of Support, Form I-131 Application for Travel Document, Form I-765 Application for Employment Authorization and all supporting documents. If you are filing Form I-485 based on a pending or approved Form I-140, go to the Direct Filing Addresses for Form I-485 page to see where to file your application. Affidavit of Support. Adjustment of Status or AOS is the final stage of Green Card. The I-485 processing time varies depending on which service center. 10) 10 to 15 I-485 yes/no questions to both of us. Meeting Invitation (PDF, 139 KB). We serve corporate and individual clients throughout the U. Form I-485 is the main piece of your adjustment of status packet, but it is by no means the only piece. PD is Feb 2009 I received Pay rise $1,000 PA for Period of 2014- 2015 in my current company and also got amended W2. On August 23, 2017, Loke Walsh Immigration Law posted an update about USCIS denying I-131 travel documents for abandonment due to international travel. If you qualify for an adjustment of status based on marriage to US Citizen, and there are no other issues of entering the country illegally or possibly being subject to a 3/10 yr ban, then the issue of unauthorized employment should not be a concern based on your marriage to US Citizen. We will continue to monitor developments in this area and provide updates here. In special situations, employees may be able to obtain an Employment-Based Green Card without first obtaining Labor Certification. One such way is through adjustment of status through the use of an I-485 form. If the petition for permanent residency is based on employment, the checklist below represents the documentation to be gathered for the application for Adjustment of Status. The latest update which was released was July 2018. News: USCIS I-485 Employment-Based Inventory Statistics. Beneficiaries of employment-based petitions and eligible derivative family members in one of the first three preference categories may file the Form I-140 concurrently with the Form I-485 if an immigrant visa is immediately available in the applicable preference category. ; This is the second USCIS policy revision in the span of 10 days. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. 1, 2018, applicants are required to submit a Form I-693 ( also known as MEDICALS for Adjustment of Status) that is signed by a civil surgeon no more than 60 days before filing the underlying application (I-485 Adjustment of Status) for an immigration benefit. You will be able to file your official U. immigration and nationality law. Does anyone know if a parolee with a TPS can file for I-485 based on an approved I-140? I was initially on H1b visa and I also had an approved TPS with advanced parole at the same time. In August 2017, the U. Here is a summary of my observations and answers to the most frequently asked questions about employment-based green card interviews. We serve corporate and individual clients throughout the U. Consulate in the applicant’s native country. It now has two charts: “Application Final Action Dates for Employment-Based Preference Cases” and “Dates for Filing of Employment-Based Visa Applications. ” The State Department provided the second chart as a way to allow for earlier submissions of I-485 applications. As with most employment-based immigration cases, the processing time to obtain an EB-1 green card typically depends on the applicant’s ability to complete the required documentation accurately. Items to Take to Interview. I-485 Employment-Based Inventory Statistics (updated April 2017) Note: This version of the I-485 pending inventory includes the pending I-485s from the Service Centers only. Family-based green card applicants will typically be questioned about their sponsor and relationship with the sponsor. Based on the chart of all employment-based I-485 inventory, there are approximately 234,000 employment-based adjustment of status (green card) applications pending in the United States and waiting to obtain a visa. This policy only impacts employment-based I-485 green card applications. the Basic I-485 Interview. Left US in 2009 as H1 extension was denied 3. On August 23, 2017, Loke Walsh Immigration Law posted an update about USCIS denying I-131 travel documents for abandonment due to international travel. The mandatory interviews will be implemented for all employment based applicants who’s I-485 Adjustment of Status to Permanent Resident (i. I-485 Employment-Based Interview: Here's What to Expect Feb 02, 2018. I am a marriage-based filer from Queens, NY with PD 7/1/2019. Given the expansion of in-person interviews, the effect on I-485 processing times are concerning. These employment based interviews are pretty new and not a lot of information is out there, so wanted to let others who are also in the same boat know about how my experience was. I had a great job on my F-1 OPT that expired 7/1/2019 so I had to stop working. Employment-based Preference Categories EB-1: As we enter FY2020, you can expect to see the EB-1 categories continue to be separated into three different Final Action Dates – one for EB-1 Worldwide (including EB-1 El Salvador, Guatemala and Honduras, EB-1 Mexico, EB-1 Philippines, and EB-1 Vietnam), two others for EB-1 China and EB-1 India. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. Since October 2018, the first month of the 2019 fiscal year, the United States Citizenship and Immigration Services (USCIS) has allowed both employment-based and family-based applicants in the U. We serve corporate and individual clients throughout the U. The "Pending Employment-Based Form I-485 Report," displays the total number of pending adjustment of status applications, per preference classification. green card) applications were filed on or after March 6, 2017 in the following categories:. Employment-Based Adjustment Applicants Will Be Interviewed Prior to Green Card Approval. Applicants outside of the United States can go through Consular Processing, with the interview taking place at the nearest U. Approximately 5 to 10 percent of employment-based cases have been subject to interview, so the "odds" of a pre-March 6 case being pulled for interview will be about the same. Recently USCIS issued a new rule stating that all employment based green card applications will be subject to interview starting on October 3, 2017. CitizenPath has created a sample cover letter to help you file Form I-485, Application to Register Permanent Residence or Adjust Status. Employment-based adjustment of status applicants are now required to attend a personal interview before their green card case can be processed to completion. That determination may be. You can use Form I-765, Application for Employment Authorization, if you moved to the United States as an immigrant (typically, as a refugee or an asylum seeker) to obtain an Employment Authorization Document (EAD) and a Social Security number. Can I reapply while in US - Answered by a verified Immigration Lawyer. Adjustment of Status application. If there is a “C” in your employment-based category on the Visa Bulletin, then there is no quota backlog and you may proceed with your I-485 adjustment application or immigrant visa application. The November 2019 Visa Bulletin has been released by the U. Couple of months ago, I had an urgent travel back home and the US embassy was closed. Citizenship and Immigration Services (USCIS) announced it would expand the use of in-person interviews for adjustment-of-status (form I-485) applicants in employment-based cases. In this article (and video), you can learn about the Green Card Process and various steps involved for EB1, EB2, and EB3 category. Foreign nationals who are in the U. 10) 10 to 15 I-485 yes/no questions to both of us. Do you need assistance with an employment-based AOS (I-485) filing, or other employment-based or family-based immigration matter? Please contact our office 804-396-3412 or [email protected] USCIS will forward your case to a local office under such conditions. ) Registry applicant filing Form I-485 based on continuous residence in the U. However, there may be delays due to country of origin, and US government backlogs. Second, they must establish that they qualify for permanent residence under the general rules applicable to all immigrants, whether employment-based or not, which may be done in the United States by filing Form I-485, Application to Register Permanent Residence or Adjust Status, or from outside the United States by completing consular immigrant. For the purposes of immigration law, the Immigration and Nationality Act (INA) and the United States Code (U. , and there are many ways to go about getting this status. Click the "Pending Inventory" button above to check how many applicants are in line ahead of you for an employment base Green Card. The Capitol Immigration Law Group PLLC is an award-winning boutique law firm based in Washington, DC specializing exclusively in U. Form I-485 is for the non US citizens who are in the US and are eligible to apply for the green card based on sponsorship by a family member, employer or. Visa Retrogression for Employment-Based Third Preference (EB-3) What is "visa number retrogression"? How many employment-based visas are available each year and how are they distributed? Why did the visa number retrogression happen? How does the visa number retrogression affect me if I have not yet applied for a green card?. The interview questions, however, do depend a lot on the route you choose to take. The I-485 form itself is not that complicated and could technically be filled by a person that is not an immigration professional. American Immigration Lawyer's Association concurs. Employment-based adjustment of status applicants are now required to attend a personal interview before their green card case can be processed to completion. Employment based green card categories are:. In addition, USCIS has also released a new version of I-485 Supplement J that pertains to certain employment-based adjustment applicants. If you are filing Form I-485 based on a pending or approved Form I-140, go to the Direct Filing Addresses for Form I-485 page to see where to file your application. I was trying to find discussions & experience of Employment Based (EB) I-485 Interviews online, but I could only find mostly marriage based interview forums. On Wednesday October 16th, 2019, Senator Richard Durbin (D-IL) introduced a new bill in response to the blocked bill S. The EB3 India date is at 22 APR 09. Wish all of you good luck in your journey to GC. Does anyone know if a parolee with a TPS can file for I-485 based on an approved I-140? I was initially on H1b visa and I also had an approved TPS with advanced parole at the same time. Applicants for employment-based permanent residence (i. Field Officers adjudicate family petitions. You may be applying for Green Card via Employment-Based (EB) from H1B or L1 or another visa status, but for the most part, the EB2 and EB3 steps remain the same. Adjustment of Status or AOS is the final stage of Green Card. Family-based green card applicants will typically be questioned about their sponsor and relationship with the sponsor. Green Card Forum » Employment Based Immigration » I-485 / EAD / AP Forum. As with most employment-based immigration cases, the processing time to obtain an EB-1 green card typically depends on the applicant’s ability to complete the required documentation accurately. com Hello, I just had my I-485 interview and wanted to share my experience. Read everything you need to know when filing form I-485 such as documents required, fees, medical examinations, biometrics on Path2usa. So now the employer is planning to file for H1b extension, he has valid visa till feb 2020. For successful approval, the qualifying offer of employment must continue until the employee’s I-485 adjustment application is approved (after labor certification approval, if required, and I-140 approval) or until the I-485 adjustment application has been pending at USCIS for at least six months. If you entered the U. Read the Employment-Based Preferences chart in the Department of State’s Visa Bulletin to ensure your priority date is current before you file your application. If the sponsored husband or wife is present in the United States, you can file I-130 and I-485 together as "concurrent" application. In other cases, I-485 applicants simply drop their H-1B and continue employment pursuant to a valid and uninterrupted EAD. Please note that for the month of September 2018, the Employment based EB-1, 2 and 3 are oversubscribed worldwide. An employment based green card is a document that gives legal permission for a foreign national to live and work in the United States. Just this week AILA members and the Ombudsperson for USCIS had a Stakeholder Call to discuss the new rule. Dates below are in MM/DD/YYYY format. Read everything you need to know when filing form I-485 such as documents required, fees, medical examinations, biometrics on Path2usa. Your green card priority date is based on your preference category and your birth country. No update after I 485 employment based interview On April 25th I had my interview for my green card employment based, during the interview was too short, basics questions, the officer said. Preparing I-140, Immigrant Petition for overseas personnel and employment based permanent resident petition with requisite attachments. Now, the protocol is that nearly all employment-based green card applicants will need to appear for an interview before their cases can be approved. Immigration Information Center: Visa, Green Card and Citizenship. Q: Why is the wait so long for my employment-based green card? A: A visa must be available before a person can obtain an employment-based green card. Unlawful Status. Applied for i-485, 130, 765, and 131. This gives. Left US in 2009 as H1 extension was denied 3. Employment Authorization Application. The EB3 India date is at 22 APR 09. Which employment-based adjustment of status cases are subject to the interview requirement? All employment-based adjustment of status cases where the underlying petition is a Form I-140 (EB-1, EB-2, and EB-3) that are filed on or after March 6, 2017, will be subject to an interview. Form I-130. In our previous appointments with Employment cases, we have found the interviewing officers do not have knowledge of any employment law. Many of our clients and readers are already aware of the move by U. Update - Employment-Based Adjustment Interviews: What Foreign Nationals Need to Know United States Personal interviews for employment-based adjustment applicants began on October 1, 2017 for those whose cases were filed on or after March 6, 2017. Hello, I just had my I-485 interview and wanted to share my experience. Adjustment of Status application. Starting October 1, 2017, all persons seeking I-485 adjustment of status pursuant to an employment based green card petition will be given an interview appointment before receiving green card status. com is for educational purposes only and is not legal advice. Next » (Displaying 1 - 10 of 255 cases). Nature of the submission: I-485 Application to Register Permanent Residence or Adjust Status Enclosed please find Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-864 Affidavit of Support, Form I-131 Application for Travel Document, and Form I-765 Application for Employment Authorization and all supporting documents. PD is Feb 2009 I received Pay rise $1,000 PA for Period of 2014- 2015 in my current company and also got amended W2. in valid status to file I-485 applications for adjustment of status based on Chart B – Date for Filing, which is often earlier than Chart A. Looking just at these dates for EB-2, India reflects a huge change for those able to file I-485 adjustment of status applications. citizen and subsequent marriage. Form I-485, Application to Register Permanent Residence or Adjust Status and Form I-485 Supplement A. In the rest of the cases, both the employer’s I-140 Petition for Immigrant Worker and the employee’s I-485 Application to Adjust Status or Register Permanent Residence were usually processed at a USCIS Service Center based on the record documents. Just this week AILA members and the Ombudsperson for USCIS had a Stakeholder Call to discuss the new rule. since before January 1, 1972. Let us know where you are in your job search and we will help you reach the next level. Read everything you need to know when filing form I-485 such as documents required, fees, medical examinations, biometrics on Path2usa. It now has two charts: “Application Final Action Dates for Employment-Based Preference Cases” and “Dates for Filing of Employment-Based Visa Applications. Do I need to bring a lawyer on my I-485 interview for employment based petition? We received a notice schedule of initial interview for our I-485 next month. The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2. Here's what you most likely need to submit with your completed Form I-485 for starters:. Seeking advice about canceled interview for employment based i-485. Remove Conditions on Green Card. The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. I went to I-485 AOS employment based on 10/1/2019 by the end of interview the officer asked me if I have a current employment letter which I asked my lawyer if i need to take it with me to the interview, he informed me you don't need it since you have your pay stubs and the pay stubs consider solid proof that you already working with your. Employment Authorization Application. All employment based I-485 subject to interview. For employment based adjustment of status, since 2018, it is mandatory to submit a I-485J. If the petition for permanent residency is based on employment, the checklist below represents the documentation to be gathered for the application for Adjustment of Status. USCIS Form I-765 Employment Authorization Card Filing fee: No additional fee is required to file this form This form is optional and may be filed together with form I-485 or at a later time by using the I-485 verification receipt notice Complete this form for each I-485 applicant (primary beneficiary and. I-485 Status I-485 Approval/Denial Date Card Production Ordered Card Received Date EAD Applied? AP Applied? EAD Approval Date AP Approval Date EAD Received AP Received Time to Get EAD Approval Time to Get AP Approval Time to Get Fingerprinting Done Total Time to Get GC Most Recent LUD Days Elapsed Experience Interview Ready Date Interview. Special Programs Based on Certain Public Laws in Part 2 of Form I-485. With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years. In order to be eligible for a Green Card as an employment-based derivative applicant, you must meet the following requirements: You properly file your Form I-485: Together with the principal applicant's Form I-485 (and the principal applicant's Form I-485 is ultimately approved);. USCIS, however, decided that it would choose which chart applies each. At the interview, you will generally be asked to confirm your personal details and to describe your employment, employer, work history and education. Which employment-based adjustment of status cases are subject to the interview requirement? All employment-based adjustment of status cases where the underlying petition is a Form I-140 (EB-1, EB-2, and EB-3) that are filed on or after March 6, 2017, will be subject to an interview. Obtain a Green Card Through Labor Certification. Forms I-134. Check back in at this web site each month to see the updated report. Family-Based Green Card. New USCIS Policy: I-485 Employment-Based Interviews Sep 22, 2017. Employment-Based Legal Permanent Residence Employment-based I-485 applications are those applications with approved underlying visa petitions that have been submitted by a business or employer. If you are filing Form I-485 based on a pending or approved Form I-140, go to the Direct Filing Addresses for Form I-485 page to see where to file your application. permanent resident), and cannot be filed unless an immigrant visa is available. The US operates a quota system and only a fixed number of green cards in any immigration category can be granted in any one year. All individuals who filed I-140-based adjustment of status (I-485) applications on or after March 6. On average, this step can take between 4-8 months. But for marriage-based Form I-485 application, these will be certainly an interview. Rules for Topic of the Week Threads: 1. Since October 2018, the first month of the 2019 fiscal year, the United States Citizenship and Immigration Services (USCIS) has allowed both employment-based and family-based applicants in the U. Hello, I just had my I-485 interview and wanted to share my experience. Meeting Invitation (PDF, 139 KB). This means that individuals that are eligible to file I-485 applications will also have the ability to file for employment authorization and advance parole travel authorization as part of the I-485 filing process. USCIS is now conducting in-person interviews for employment-based green cards. In some non-marriage based cases, USCIS may require only the applicant to attend the adjustment of status interview. These employment-based green card interviews are scheduled to begin on October 2, 2017. 1st USCIS would begin to phase-in interviews for adjustment of status applications (Form I-485s) based on employment. USCIS used to release updates of the EB-485 inventory data for the consumers every three or four months. ) The reason for denial is stated as abandoned & it says i can appeal to re-open. com is for educational purposes only and is not legal advice. Through a recent experience in accompanying with a client to the interview, we conclude some key changes and important. Based on their denial letter, it appears that the reason for denial might be because my parents have also applied for my immigration through I-130. But if your case is complicated such as involving prior arrests, you may be asked to go through an interview before your I-485 can be approved. Feb 2019 Visa Bulletin was released earlier this month. Immigrant visas are permanent visas by definition, with the ultimate goal of legal permanent residence (Green Card). Along with Form I-485, the applicant can also file their Employment Authorization Document and Advanced Parole or Travel Document. USA Employment Based Trackers; USA Family Based Trackers 58 min ago max mortgage loan for H1B ???? 1 hr ago January 2019 I-485 Filers 1 hr ago Ad Step By Step. An employment based green card is a document that gives legal permission for a foreign national to live and work in the United States. The purpose of the interview is to allow the officer to determine whether the information in the application is accurate and credible. Dates below are in MM/DD/YYYY format. Copy of I-140 approval notice or receipt notice if not filed with I-485. An employer can sponsor its employee's Green card. In addition, in the employment-based area where immigration is based on employment and not family relationships or investment, nationals of each country may obtain immigrant visas in different preference categories (e. Such unresolved issues include whether the USCIS will adjudicate the I-140 first or both together and whether or not the annual immigrant visa quota will be filled. You may be applying for Green Card via Employment-Based (EB) from H1B or L1 or another visa status, but for the most part, the EB2 and EB3 steps remain the same. Cost of an Employment-Based Green Card Application. If the sponsored husband or wife is present in the United States, you can file I-130 and I-485 together as "concurrent" application. Although the process involved in securing a green card, whether you go with the employment route or the family route, is the same. so my question is can i apply for H4 ead with approved H4 visa or its better to apply along with my extension. Through a recent experience in accompanying with a client to the interview, we conclude some key changes and important. New USCIS Policy: I-485 Employment-Based Interviews Sep 22, 2017. My eligibility is based on admission as the fiancé of a U. The "Pending Employment-Based Form I-485 Report," displays the total number of pending adjustment of status applications, per preference classification. We serve corporate and individual clients throughout the U. USCIS announced that effective October 1, 2017, they will require in-person interviews for employment-based (EB) applicants who filed Form I-485 applications for adjustment of status (AOS). These employment based interviews are pretty new and not a lot of information is out there, so wanted to let others who are also in the same boat know about how my experience was. A: If your I-485 application to adjust status to permanent residence is denied, you will receive a letter that will tell you why the application was denied. Khanna, PC, Rajiv S. Sign in to follow this Can we take an independent attorney to our employment based I-485 interview? By sudbon2784. Special Programs Based on Certain Public Laws in Part 2 of Form I-485. Fulfill all the requirements of your particular visa circumstance, whether it be family based (spouse, child or parent of US citizen), employment based (employer or entrepreneurial) or based upon entry to the United States on a K-1 fiancé visa and subsequent marriage to the original petitioner. Hello, I just had my I-485 interview and wanted to share my experience. In our previous appointments with Employment cases, we have found the interviewing officers do not have knowledge of any employment law. Permanent Employment-Based Immigration and the Per-country Ceiling Congressional Research Service R45447 · VERSION 3 · UPDATED 1 Introduction Four major principles currently underlie U. I-485 Employment-Based Inventory Statistics (PDF File - updated July 2018) (PDF, 250 KB) Note: This version of the I-485 pending inventory includes the pending I-485s from the service centers only. 1) 1) I filed my I 485 on November 2016 and received approved Combo Card on 2017 January, now my Priority Date is getting current in coming July 1st 2018. immigration and nationality law. The application (Form I-485) must be accompanied by a sealed envelope from a designated civil surgeon who performed a medical examination on the alien applicant. After your I-485 is approved, the USCIS will issue you an employment-based green card and you will have successfully adjusted your status. Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. Who can file Form I-485? An applicant (husband or wife getting their green card) can file an I-485 based on seven major categories (as listed on the form): family-based, employment-based, special immigrant, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options. Although it is unlikely, the officer may ask to see original documents or photographs. Two (2) photographs. Based on their denial letter, it appears that the reason for denial might be because my parents have also applied for my immigration through I-130. USCIS announced that effective October 1, 2017, they will require in-person interviews for employment-based (EB) applicants who filed Form I-485 applications for adjustment of status (AOS). Recruitment of US Workers (Time Frame 60-90 Days). green card) applications were filed on or after March 6, 2017 in the following categories:. I-485 checklist contains all necessary forms and supporting documents that need to be filed with the USCIS in a 485 application package. The applicant’s appearance at the USCIS interview will be obligatory. Effective October 1, 2017, USCIS will phase-in interviews for (1) employment-based I-485 adjustment of status applications and (2) refugee/asylee I-730 applications who are in the United States and petitioning to join a principal applicant. Form I-485 is also the next step in the family-based green card process after submitting Form I-130 (Petition for Alien Relative). And left US. Employment-based I-485 cases are often adjudicated without interviews. Scope of the Expansion. Recently USCIS issued a new rule stating that all employment based green card applications will be subject to interview starting on October 3, 2017. Your new employer files a new employment-based I-140 application for you. A: If your I-485 application to adjust status to permanent residence is denied, you will receive a letter that will tell you why the application was denied. fiancé or spouse (on Form I-129F or I-130) to help you immigrate, but then denies your application for a green card via adjustment of status (on Form I-485), the next steps can be complicated; though at least, because you are in the U. For employment-based (EB) petitions, the priority date is the date the labor. Second, they must establish that they qualify for permanent residence under the general rules applicable to all immigrants, whether employment-based or not, which may be done in the United States by filing Form I-485, Application to Register Permanent Residence or Adjust Status, or from outside the United States by completing consular immigrant. How to Prepare for Employment-Based Adjustment Interviews Posted on May 1st, 2018. Citizenship and Immigration Service ("USCIS") to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence ("RFE") on pending employment-based Form I-485, Application to Adjust Status, cases. citizen and subsequent marriage. USCIS provides I-485 employment-based (EB) inventory statistics updated in January 2018, including a chart with EB I-485 inventory pending at service centers, as well as charts broken down by individuals born in “all other chargeability,” China, India, Mexico, and the Philippines. Beneficiaries of employment-based petitions and eligible derivative family members in one of the first three preference categories may file the Form I-140 concurrently with the Form I-485 if an immigrant visa is immediately available in the applicable preference category. Employment Based Interviews. I am a filer from Houston and I had my interview schedule for later this month but it was canceled (received the official notice and status was updated to canceled online). Was working with Employer A on H1 between 2007 - 2009. Also, no supplement J is required if the I-485 is being filed based on a national interest waiver (NIW) I-140, or if the I-140 is under the employment-based, first preference (EB1) extraordinary ability category. If you are filing Form I-485 based on a pending or approved Form I-140, go to the Direct Filing Addresses for Form I-485 page to see where to file your application. New USCIS Policy: I-485 Employment-Based Interviews Sep 22, 2017. This is a confusing issue, explanations can vary between different USCIS officers and immigration lawyers. in valid status to file I-485 applications for adjustment of status based on Chart B – Date for Filing, which is often earlier than Chart A. The Employment Authorization Document (EAD) Application. Dates below are in MM/DD/YYYY format. 1st USCIS would begin to phase-in interviews for adjustment of status applications (Form I-485s) based on employment. Applied for i-485, 130, 765, and 131. My plan is to file I-485 before my O1 employment terminates. ) The reason for denial is stated as abandoned & it says i can appeal to re-open. Your new employer files a new employment-based I-140 application for you. Is this an employment based or family based case? There is no case in which an I-485 is definitely not interviewed. The inventory contains all employment-based I-485 applications pending at USCIS, including the ones that are waiting for visas, as well as those that are current (for which visa numbers are available) but have not been completed. If you wish to receive legal advice concerning your I -485 Adjustment of Status Application, please consult with an immigration attorney. Since the 1990s, common practice was for USCIS to adjudicate employment-based AOS applications at service centers, without in-person interviews. In our previous appointments with Employment cases, we have found the interviewing officers do not have knowledge of any employment law. Employment Authorization Application. You have not given us enough information. > I-485 can take up to 180 days until I can change the employer. Follow to join is an option offered to family members of the principal beneficiaries of approved preference based immigrant visa petitions. Seeking advice about canceled interview for employment based i-485. Although it is unlikely, the officer may ask to see original documents or photographs. (General Instructions for Personal "Adjustment of Status" I-485 Applications. Here is an example for the Boston Field Office for all forms I-485 (family and employment): Our first recommendation is, when applicable, to look at the more specific range at the bottom of the page. I-485 Employment-Based Inventory Statistics (PDF file - updated January 12, 2016) (PDF, 279 KB). Approximately 5 to 10 percent of employment-based cases have been subject to interview, so the “odds” of a pre-March 6 case being pulled for interview will be about the same. fiancé or spouse (on Form I-129F or I-130) to help you immigrate, but then denies your application for a green card via adjustment of status (on Form I-485), the next steps can be complicated; though at least, because you are in the U. Expect to be interviewed If you have recently filed an employment-based green card application. It may be helpful to bring a copy of your I-485 application package with you to the interview in case something in your original package was lost, or in case you want to refer to something in your application. USCIS is now conducting in-person interviews for employment-based green cards. Interfiling New Immigrant Petition into Pending I-485 Case August 22, 2015 by Asheesh Sharma. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. During a recent listening session, USCIS announced the following about the I-485 interview process for employment-based I-485 applications with an effective date of October 1: Interviews for employment-based I-485 applications will only be required for those I-485 application filed after March 6, 2017. With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years. The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2, and EB-3). Adjustment of Status application. How to Prepare for Employment-Based Adjustment Interviews Posted on May 1st, 2018. Employment Based Interviews. There are also questions of how the USCIS will apply the 180-day rule for I-485 applications based on labor certification or the outstanding researcher petition. The Form I-485 applicant must meet several requirements set forth in the application that are specific to the category in which he or she is filing. The most common is the Nebraska Service Center. We offer general advice on common I-485 application related questions, and will reply your questions in a timely manner. What About Petitions Based on Marriage?. Re: Denied Employment Based Green Card, I-485 Denied Sure below is the reason but the strange thing is on the same day when they denied my I485 application they approved my I-824 application for CP from the same office do I still need to file a motion to reopen my I485 application. Wish all of you good luck in your journey to GC. This does not apply if the I-140 petition is being filed concurrently with the I-485. Foreign nationals who are in the U. Here, we will focus on family-based I-485s: This means that, for family-based I-485s, starting with the date the I-485 is filed:. the Basic I-485 Interview. Here is a summary of my observations and answers to the most frequently asked questions about employment-based green card interviews. Visa Sponsorship. Employment based AOS (EB1C) - San Bernardino office(CA) JUL - 2018 - applications for I-485, I-765 and I-131 concurrent filing AUG - 2018 - bio metrics complete. Applications already properly filed with USCIS will also be accepted. The statistics are very recent – as of January 5, 2011 – and are very helpful to understanding the relative queue positions for employment-based adjustment of status applicants. The new rule offers tremendous benefits to the aliens who are applying for green card through employment-based petitions. Couple of months ago, I had an urgent travel back home and the US embassy was closed. Sign in to follow this Can we take an independent attorney to our employment based I-485 interview? By sudbon2784. Please note that for the month of September 2018, the Employment based EB-1, 2 and 3 are oversubscribed worldwide. Employment-Based Legal Permanent Residence Employment-based I-485 applications are those applications with approved underlying visa petitions that have been submitted by a business or employer. S, or Consular Processing, where the applicant applies for an immigrant visa in his or her home country. immigration law. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. Items to Take to Interview. com Not legal advice. Employment-based I-485 cases are often adjudicated without interviews. Can I reapply while in US - Answered by a verified Immigration Lawyer. I-485 Employment based denid due to AP in process.