- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I485 Process Duration
- Thread starter joe90
- Start date
qa_director
Registered Users (C)
I-485 has no connection with switching jobs.
Hi,
There is no standard processing period for I-485. My I-485 got processed within 2 months and I got called for interview with my family. Then at the time of the interview (at the local CIS Office) I was told that FBI Clearance in my case was awaited. My wife's was cleared by mine was awaited. We waited over 14 months after the interview when we heard that I-485 was approved. Even when I-485 with receipt dates AFTER our receipt dates were approved (as per uscis.gov), ours was not. I initiated 3 inquiries at 1 month spacing...still no info. Then all of a sudden I-485 was approved.. BUT..... My priority date is Sep 2001 so I have to wait till my priority date arrives.
In respect of Changing jobs during I-485 processing.
Upto 180 days after I-485 is submitted, your sponsor for EB Green Card can withdraw the application. This withdrawal has some consequences for the employer too because if they do it too frequently, it can jeopardize the processing for others sponsored by the same employer. After 180 days, no withdrawal is possible, so "the horse has bolted from the stable". After that safely change your job with no consequences or crap from your employer.
some more info:
your H1B visa allows two things:
1) Entry and exit from the US
2) Take a job in the US with your Employer Sponsor.
I-485 is the green card application which allows you to do both of above with one difference - "Take a job in the US" instead of "Take a job in the US with your Employer Sponsor".
Since I-485 takes too long for processing and there is also the issue of Priority Dates, you have EAD (Employment Authorization Document) and Advance Parole which are alternative authorizations for (2) and (1) above respectively.
That is.. EAD allows you take up a job. NO sponsorship required. Job need not be with specific employer.
And .. .Advance Parole allows you to enter and exit the US.
Each is valid for a year from the date of its issue. For each document, you have to start the renewal process about 3 months before its expiry. So if you were issued your first EAD in March 2005, then you should start your renewal sometime around December 2005 which is just over 3 months before your first EAD expires in March 2006. You can apply renewal online.. but you will need to go to the nearest CIS office for a photograph. You should await not only the receipt of your application (for renewal) but a second notification which is rather pithy and lacking in detail saying, "additional information is needed". Photocopies of this notification do NOT work - you need the original. After the photographs are taken, on the same document, an acknowledgement (or an "action taken" kind of stamp) is put and the original is mailed to the main CIS center by the Local CIS Office. You can request a photocopy of what is sent for your records.
Having an EAD allows you to change your jobs BUT with one caveat. Your new job should be in the same sector / area as the job for which the EAD was granted. So if you are a Java Developer, you can be a .NET Developer but not a Bricklayer. Because at the time of the I-485 interview you will be sworn in and asked such a question.
Cheers!
QAD.
Hi,
There is no standard processing period for I-485. My I-485 got processed within 2 months and I got called for interview with my family. Then at the time of the interview (at the local CIS Office) I was told that FBI Clearance in my case was awaited. My wife's was cleared by mine was awaited. We waited over 14 months after the interview when we heard that I-485 was approved. Even when I-485 with receipt dates AFTER our receipt dates were approved (as per uscis.gov), ours was not. I initiated 3 inquiries at 1 month spacing...still no info. Then all of a sudden I-485 was approved.. BUT..... My priority date is Sep 2001 so I have to wait till my priority date arrives.
In respect of Changing jobs during I-485 processing.
Upto 180 days after I-485 is submitted, your sponsor for EB Green Card can withdraw the application. This withdrawal has some consequences for the employer too because if they do it too frequently, it can jeopardize the processing for others sponsored by the same employer. After 180 days, no withdrawal is possible, so "the horse has bolted from the stable". After that safely change your job with no consequences or crap from your employer.
some more info:
your H1B visa allows two things:
1) Entry and exit from the US
2) Take a job in the US with your Employer Sponsor.
I-485 is the green card application which allows you to do both of above with one difference - "Take a job in the US" instead of "Take a job in the US with your Employer Sponsor".
Since I-485 takes too long for processing and there is also the issue of Priority Dates, you have EAD (Employment Authorization Document) and Advance Parole which are alternative authorizations for (2) and (1) above respectively.
That is.. EAD allows you take up a job. NO sponsorship required. Job need not be with specific employer.
And .. .Advance Parole allows you to enter and exit the US.
Each is valid for a year from the date of its issue. For each document, you have to start the renewal process about 3 months before its expiry. So if you were issued your first EAD in March 2005, then you should start your renewal sometime around December 2005 which is just over 3 months before your first EAD expires in March 2006. You can apply renewal online.. but you will need to go to the nearest CIS office for a photograph. You should await not only the receipt of your application (for renewal) but a second notification which is rather pithy and lacking in detail saying, "additional information is needed". Photocopies of this notification do NOT work - you need the original. After the photographs are taken, on the same document, an acknowledgement (or an "action taken" kind of stamp) is put and the original is mailed to the main CIS center by the Local CIS Office. You can request a photocopy of what is sent for your records.
Having an EAD allows you to change your jobs BUT with one caveat. Your new job should be in the same sector / area as the job for which the EAD was granted. So if you are a Java Developer, you can be a .NET Developer but not a Bricklayer. Because at the time of the I-485 interview you will be sworn in and asked such a question.
Cheers!
QAD.
Last edited by a moderator:
VOYAGER_99
New Member
question
Question,
what if you submit you 485 and get EAD and AP . what is the possiblity of denial of your case. Should I keep my H1-b alive another 3 years based upon pending application? when i can be sure that my 485 is accepted totally.???
Question,
what if you submit you 485 and get EAD and AP . what is the possiblity of denial of your case. Should I keep my H1-b alive another 3 years based upon pending application? when i can be sure that my 485 is accepted totally.???
qa_director said:Hi,
There is no standard processing period for I-485. My I-485 got processed within 2 months and I got called for interview with my family. Then at the time of the interview (at the local CIS Office) I was told that FBI Clearance in my case was awaited. My wife's was cleared by mine was awaited. We waited over 14 months after the interview when we heard that I-485 was approved. Even when I-485 with receipt dates AFTER our receipt dates were approved (as per uscis.gov), ours was not. I initiated 3 inquiries at 1 month spacing...still no info. Then all of a sudden I-485 was approved.. BUT..... My priority date is Sep 2001 so I have to wait till my priority date arrives.
In respect of Changing jobs during I-485 processing.
Upto 180 days after I-485 is submitted, your sponsor for EB Green Card can withdraw the application. This withdrawal has some consequences for the employer too because if they do it too frequently, it can jeopardize the processing for others sponsored by the same employer. After 180 days, no withdrawal is possible, so "the horse has bolted from the stable". After that safely change your job with no consequences or crap from your employer.
some more info:
your H1B visa allows two things:
1) Entry and exit from the US
2) Take a job in the US with your Employer Sponsor.
I-485 is the green card application which allows you to do both of above with one difference - "Take a job in the US" instead of "Take a job in the US with your Employer Sponsor".
Since I-485 takes too long for processing and there is also the issue of Priority Dates, you have EAD (Employment Authorization Document) and Advance Parole which are alternative authorizations for (2) and (1) above respectively.
That is.. EAD allows you take up a job. NO sponsorship required. Job need not be with specific employer.
And .. .Advance Parole allows you to enter and exit the US.
Each is valid for a year from the date of its issue. For each document, you have to start the renewal process about 3 months before its expiry. So if you were issued your first EAD in March 2005, then you should start your renewal sometime around December 2005 which is just over 3 months before your first EAD expires in March 2006. You can apply renewal online.. but you will need to go to the nearest CIS office for a photograph. You should await not only the receipt of your application (for renewal) but a second notification which is rather pithy and lacking in detail saying, "additional information is needed". Photocopies of this notification do NOT work - you need the original. After the photographs are taken, on the same document, an acknowledgement (or an "action taken" kind of stamp) is put and the original is mailed to the main CIS center by the Local CIS Office. You can request a photocopy of what is sent for your records.
Having an EAD allows you to change your jobs BUT with one caveat. Your new job should be in the same sector / area as the job for which the EAD was granted. So if you are a Java Developer, you can be a .NET Developer but not a Bricklayer. Because at the time of the I-485 interview you will be sworn in and asked such a question.
Cheers!
QAD.
I have one question !!!
Hi QAD,
I like your responce and details of the issue, I have one question for you.
My Date is current, I received AP and EAD , I am from India, My lawyer says it is safe to file H1 extension though I have my I-485 pendig. Is it true or he just want to make money.
In my understanding once I receive AP and EAD this meance I am no more on H1?
Please advice me....
Thanks
qa_director said:Hi,
There is no standard processing period for I-485. My I-485 got processed within 2 months and I got called for interview with my family. Then at the time of the interview (at the local CIS Office) I was told that FBI Clearance in my case was awaited. My wife's was cleared by mine was awaited. We waited over 14 months after the interview when we heard that I-485 was approved. Even when I-485 with receipt dates AFTER our receipt dates were approved (as per uscis.gov), ours was not. I initiated 3 inquiries at 1 month spacing...still no info. Then all of a sudden I-485 was approved.. BUT..... My priority date is Sep 2001 so I have to wait till my priority date arrives.
In respect of Changing jobs during I-485 processing.
Upto 180 days after I-485 is submitted, your sponsor for EB Green Card can withdraw the application. This withdrawal has some consequences for the employer too because if they do it too frequently, it can jeopardize the processing for others sponsored by the same employer. After 180 days, no withdrawal is possible, so "the horse has bolted from the stable". After that safely change your job with no consequences or crap from your employer.
some more info:
your H1B visa allows two things:
1) Entry and exit from the US
2) Take a job in the US with your Employer Sponsor.
I-485 is the green card application which allows you to do both of above with one difference - "Take a job in the US" instead of "Take a job in the US with your Employer Sponsor".
Since I-485 takes too long for processing and there is also the issue of Priority Dates, you have EAD (Employment Authorization Document) and Advance Parole which are alternative authorizations for (2) and (1) above respectively.
That is.. EAD allows you take up a job. NO sponsorship required. Job need not be with specific employer.
And .. .Advance Parole allows you to enter and exit the US.
Each is valid for a year from the date of its issue. For each document, you have to start the renewal process about 3 months before its expiry. So if you were issued your first EAD in March 2005, then you should start your renewal sometime around December 2005 which is just over 3 months before your first EAD expires in March 2006. You can apply renewal online.. but you will need to go to the nearest CIS office for a photograph. You should await not only the receipt of your application (for renewal) but a second notification which is rather pithy and lacking in detail saying, "additional information is needed". Photocopies of this notification do NOT work - you need the original. After the photographs are taken, on the same document, an acknowledgement (or an "action taken" kind of stamp) is put and the original is mailed to the main CIS center by the Local CIS Office. You can request a photocopy of what is sent for your records.
Having an EAD allows you to change your jobs BUT with one caveat. Your new job should be in the same sector / area as the job for which the EAD was granted. So if you are a Java Developer, you can be a .NET Developer but not a Bricklayer. Because at the time of the I-485 interview you will be sworn in and asked such a question.
Cheers!
QAD.
Hi QAD,
I like your responce and details of the issue, I have one question for you.
My Date is current, I received AP and EAD , I am from India, My lawyer says it is safe to file H1 extension though I have my I-485 pendig. Is it true or he just want to make money.
In my understanding once I receive AP and EAD this meance I am no more on H1?
Please advice me....
Thanks
ho_jayega said:Hi QAD,
I like your responce and details of the issue, I have one question for you.
My Date is current, I received AP and EAD , I am from India, My lawyer says it is safe to file H1 extension though I have my I-485 pendig. Is it true or he just want to make money.
In my understanding once I receive AP and EAD this meance I am no more on H1?
Please advice me....
Thanks
having AP does not invalidate your H-1.
Having EAD does ONLY IF YOU START USING IT TO WORK. If you got EAD and have it in your pocket, you are still on H-1. If you decide to switch from H-1 to EAD, you should go to your employer human resourses and show it and fill a special form (I-9), then since the date in this form you are on EAD and loose your H-1.
qa_director
Registered Users (C)
Voyager99: I cannot speculate whether your I-485 will get approved - even a reliable astrologer will not be able to tell you either. Why you get approved - quickly or delayed - or why don't is one of those great Inter-galactical Mysteries which even a Voyager from Starship Enterprise will not go - even when their 5 year mission is to "boldly go where no man has gone before"!
ho jayega: I would suggest that you go along with your lawyer instead of trying to save money - realise it is your entire future at stake.
BTW: I AM NOT A LAWYER and would suggest you to go to a reliable lawyer who would give you accurate advice - I understand that that species ("reliable lawyer") is not yet extinct!
QAD
ho jayega: I would suggest that you go along with your lawyer instead of trying to save money - realise it is your entire future at stake.
BTW: I AM NOT A LAWYER and would suggest you to go to a reliable lawyer who would give you accurate advice - I understand that that species ("reliable lawyer") is not yet extinct!
QAD
DBEC_Labor_Pain
Registered Users (C)
true ...
One cannot predict how long does it take to process your 485 case or would it be approved or denied. It is purely dependent on case to case n ones LUCK. I have heard some 485 cases got approved with in 5 weeks and some took over 3 years (stuck with FBI name check). It would be nicer if we can get to compile the 485 processing information taking the input from all the approved cases thus far, now that a load of new 485s will be filed during the month of June'07.
Voyager99: I cannot speculate whether your I-485 will get approved - even a reliable astrologer will not be able to tell you either. Why you get approved - quickly or delayed - or why don't is one of those great Inter-galactical Mysteries which even a Voyager from Starship Enterprise will not go - even when their 5 year mission is to "boldly go where no man has gone before"!
ho jayega: I would suggest that you go along with your lawyer instead of trying to save money - realise it is your entire future at stake.
BTW: I AM NOT A LAWYER and would suggest you to go to a reliable lawyer who would give you accurate advice - I understand that that species ("reliable lawyer") is not yet extinct!
QAD
One cannot predict how long does it take to process your 485 case or would it be approved or denied. It is purely dependent on case to case n ones LUCK. I have heard some 485 cases got approved with in 5 weeks and some took over 3 years (stuck with FBI name check). It would be nicer if we can get to compile the 485 processing information taking the input from all the approved cases thus far, now that a load of new 485s will be filed during the month of June'07.