WorryForGC
Registered Users (C)
Question: Though there may not be many pending I-485s with PDs in 1998/1999, in future months, how will the USCIS handle the pending, retrogressed I-485s? Can we expect some approvals though the PDs are not current?
Answer: By law, the USCIS is not supposed to approve any I-485s if the PD is not current for that person. If an error has been made, it may be safest to bring this issue to their attention to avoid a problem down the road. The U.S. Department of State may move the PDs slowly as they see the demand for visa numbers and project the usage based on PERM approvals by the U.S. Department of Labor and the USCIS I-485 approvals. Oct-3-2005.
Question: Is it true that the priority date needs to be current in order to get a pending I-485 approval? Are there any exceptions?
Answer: The PDs must be current to obtain the I-485 approval notices. This means that the PD must be current both to file the I-485 and again when it can be approved. There are no exceptions other than an error that could happen but which is risky and should not be relied upon. May-16-2005.
---------For Krocker---------------
Question: If husband goes for adjustment of status in the U.S., can the wife go to the consular process at the same time?
Answer: No, only after the principal obtains the I-485 approval, then the principal is able to file the papers for the spouse to follow to join from the U.S. Consulate abroad. The two processes cannot take place simultaneously since the spouse is not allowed to get any status until and unless the principal obtains the GC approval. May-3-2004.
Question: Hello, Murthy ji. Could you please let me know how long does "follow to join" take from I-485 approval?
Answer: Depending on the particular consulate, it could take about 5 to 10 months on average, since the I-824 has to be approved, and then the consulate will schedule an interview date for the immigrant visa for the family member. Feb-10-2003.
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Other useful info being sought------------
Question: Thanks for your great service. Recently, I got I-485 approval and did my GC stamping in my passport. Is it possible to travel to India before getting the green card? If yes, what documents should I carry along with the passport?
Answer: Generally, the stamp in the PP is considered sufficient to be able to travel and reenter the U.S. The person will likely be taken into a separate office, referred to as secondary inspection, where the person"s records will be reviewed. The only question that the POE inspectors seem to ask any GC holder is how long s/he has been outside the U.S., since a permanent resident is supposed to live and work permanently in the U.S. in order not to jeopardize the GC. Nothing else is generally required for such a person. If the actual card does not arrive by the end of the 12 months, though rare, it happens, the stamp has to be extended again for another year. Mar-1-2004.
Question: Is it possible to go to school full time when one"s employment- based AOS is pending? If so, what would the legal status be at that time? Thanks!
Answer: Although it may be possible for a person to study full time while the AOS is pending, the USCIS has the right to deny the AOS application when the person is issued an RFE and asked to respond with evidence that the person intends to work full time for the sponsoring employer in the "same or similar" field. Also, failure to work for the sponsoring employer at the time of the I-485 approval could be tantamount to fraud since the only reason the government is granting the person in the employment-based category a GC is the fact that the U.S. employer requires the services for a person performing a particular job that is not available in the U.S. labor market. By studying full time, the person is not going to be able to start working in that position immediately upon receiving the GC approval. This could pose a problem for the person. Jan-5-2004.
Question: Dear Murthy, I got laid off a couple of weeks ago. What if my I-485 gets approved before I get a new job offer?
Answer: One has to show that one is going to work in the "same or similar" field. Most cases get either an RFE or an interview before being approved. If the case is approved before obtaining any job, then there is a risk at the time of filing for citizenship, since it would mean that the I-485 approval was likely in error. Sep-22-2003.
Question: Can you travel abroad on parole papers if you currently are unemployed? I passed the 180-day period of concurrent filing before losing the job.
Answer: One may travel and reenter on the AP. If the POE Inspector asks questions regarding the future employment, though unlikely, it could pose problems, since one has to intend to work in the same or similar job upon obtaining the I-485 approval. Jul-14-2003
Question: Have you had any approved I-485 cases that are based on a full time, contract job using AC21?
Answer: Yes, we have received I-485 approvals, and under law, a person should be eligible, based on the person showing that the job duties are the same or similar to what was in the LC application and the I-140 petition and that the job is not temporary. Feb-17-2003.
Answer: By law, the USCIS is not supposed to approve any I-485s if the PD is not current for that person. If an error has been made, it may be safest to bring this issue to their attention to avoid a problem down the road. The U.S. Department of State may move the PDs slowly as they see the demand for visa numbers and project the usage based on PERM approvals by the U.S. Department of Labor and the USCIS I-485 approvals. Oct-3-2005.
Question: Is it true that the priority date needs to be current in order to get a pending I-485 approval? Are there any exceptions?
Answer: The PDs must be current to obtain the I-485 approval notices. This means that the PD must be current both to file the I-485 and again when it can be approved. There are no exceptions other than an error that could happen but which is risky and should not be relied upon. May-16-2005.
---------For Krocker---------------
Question: If husband goes for adjustment of status in the U.S., can the wife go to the consular process at the same time?
Answer: No, only after the principal obtains the I-485 approval, then the principal is able to file the papers for the spouse to follow to join from the U.S. Consulate abroad. The two processes cannot take place simultaneously since the spouse is not allowed to get any status until and unless the principal obtains the GC approval. May-3-2004.
Question: Hello, Murthy ji. Could you please let me know how long does "follow to join" take from I-485 approval?
Answer: Depending on the particular consulate, it could take about 5 to 10 months on average, since the I-824 has to be approved, and then the consulate will schedule an interview date for the immigrant visa for the family member. Feb-10-2003.
-------------------------------------------------
Other useful info being sought------------
Question: Thanks for your great service. Recently, I got I-485 approval and did my GC stamping in my passport. Is it possible to travel to India before getting the green card? If yes, what documents should I carry along with the passport?
Answer: Generally, the stamp in the PP is considered sufficient to be able to travel and reenter the U.S. The person will likely be taken into a separate office, referred to as secondary inspection, where the person"s records will be reviewed. The only question that the POE inspectors seem to ask any GC holder is how long s/he has been outside the U.S., since a permanent resident is supposed to live and work permanently in the U.S. in order not to jeopardize the GC. Nothing else is generally required for such a person. If the actual card does not arrive by the end of the 12 months, though rare, it happens, the stamp has to be extended again for another year. Mar-1-2004.
Question: Is it possible to go to school full time when one"s employment- based AOS is pending? If so, what would the legal status be at that time? Thanks!
Answer: Although it may be possible for a person to study full time while the AOS is pending, the USCIS has the right to deny the AOS application when the person is issued an RFE and asked to respond with evidence that the person intends to work full time for the sponsoring employer in the "same or similar" field. Also, failure to work for the sponsoring employer at the time of the I-485 approval could be tantamount to fraud since the only reason the government is granting the person in the employment-based category a GC is the fact that the U.S. employer requires the services for a person performing a particular job that is not available in the U.S. labor market. By studying full time, the person is not going to be able to start working in that position immediately upon receiving the GC approval. This could pose a problem for the person. Jan-5-2004.
Question: Dear Murthy, I got laid off a couple of weeks ago. What if my I-485 gets approved before I get a new job offer?
Answer: One has to show that one is going to work in the "same or similar" field. Most cases get either an RFE or an interview before being approved. If the case is approved before obtaining any job, then there is a risk at the time of filing for citizenship, since it would mean that the I-485 approval was likely in error. Sep-22-2003.
Question: Can you travel abroad on parole papers if you currently are unemployed? I passed the 180-day period of concurrent filing before losing the job.
Answer: One may travel and reenter on the AP. If the POE Inspector asks questions regarding the future employment, though unlikely, it could pose problems, since one has to intend to work in the same or similar job upon obtaining the I-485 approval. Jul-14-2003
Question: Have you had any approved I-485 cases that are based on a full time, contract job using AC21?
Answer: Yes, we have received I-485 approvals, and under law, a person should be eligible, based on the person showing that the job duties are the same or similar to what was in the LC application and the I-140 petition and that the job is not temporary. Feb-17-2003.
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