| MESSAGE BOARD: |
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 QUESTION/÷ïðòïó: |
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I married an American citizen but did not receive
my permanent Green Card yet. He filed for me but
now does not want to go with me to the interview.
What do I do? |
| ANSWER/ïô÷åô: |
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You must show up alone and at least reschedule. You should consider hiring an immigration lawyer who would file a new I-751 for you with the request to appear at the interview without your husband. It is permissible on various grounds which you should discuss with your lawyer.
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| QUESTION/÷ïðòïó: |
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I married an American Citizen but now I want to
file for divorce before I receive my status of a
permanent resident (Green Card). Can I still get
my permanent Green Card? |
| ANSWER/ïô÷åô: |
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Generally, yes. You should file a separate I-751 and request an interview without your husband. You should do so only after you discuss your case with an immigration lawyer who would be able to guide you successfully on the grounds applicable in your case. If you wish to get a divorce on cruel and inhumane treatment and were forced to leave your husband because of the abusive relationship, you may go ahead and do so. If your husband was physically or emotionally abusive to you or your children, you may file a I-751 with a request for an interview without your husband and you may file an I-360 (Abused Spouse Petition) parallel to your I-751. You still have to prove validity of the marriage, hardship of return to your home country and the abuse you suffered in your marital relationship.
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| QUESTION/÷ïðòïó: |
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My American wife passed away before the
green card interview. What do I do?
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| ANSWER/ïô÷åô: |
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File a separate I-751 as soon as possible and request an interview alone based on the death of your spouse.
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| QUESTION/÷ïðòïó: |
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I have had a green card for over five years but
a long time ago I was arrested and charged with
a crime. Now, I received a Notice of Action to go
to immigration court where they want to deport me.
What can I do? |
| ANSWER/ïô÷åô: |
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You may qualify for a 212 Waiver of Inadmissibility which you should file as soon as possible. Success of waiver application will terminate your deportation procedures.
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| QUESTION/÷ïðòïó: |
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I have been in US in status for over seven
years but now I have to go to immigration court
because of some minor criminal history. Can I prevent
deportation? |
| ANSWER/ïô÷åô: |
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Yes, you qualify for waiver of inadmissibility on various grounds.
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| QUESTION/÷ïðòïó: |
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I lost my appeal at Board of Immigration
Appeals and my lawyer lost interest in my case.
Can anyone else help me? |
| ANSWER/ïô÷åô: |
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You can further appeal your case at the circuit court level by filing a Petition for Review within thirty days of the denial letter from BIA. You can also file additional motions with BIA (to reconsider or to reopen the case).
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| QUESTION/÷ïðòïó: |
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What is USCIS? |
| ANSWER/ïô÷åô: |
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USCIS stands for U.S. Citizenship and Immigration Services. It is the agency of the U.S. government principally responsible in matters dealing with aliens in the United States. This includes giving it jurisdiction over adjustments of status. Prior to March of 2003, the USCIS was called the Immigration and Naturalization Service (INS). For a brief period of time, it was known as the Bureau of Citizenship and Immigration Services (BCIS). It is also sometimes just referred to as the CIS. For purposes of this web site, we use the current accepted name of U.S. Citizenship and Immigration Services or USCIS.
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| QUESTION/÷ïðòïó: |
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What is adjustment of status?
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| ANSWER/ïô÷åô: |
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An adjustment of status is an application filed by a person who is physically in the U.S. to adjust his or her status to immigrant status (permanent resident status) after his or her immigration petition is approved. Effective July 31, 2002, however, the USCIS published a new interim rule allowing the concurrent filing of an I-485 adjustment of status application with an I-140 immigration petition (EB-1, EB-2, and EB-3).
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| QUESTION/÷ïðòïó: |
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Where should I file my adjustment of status application? |
| ANSWER/ïô÷åô: |
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If you are filing an adjustment based on a family immigrant petition, you will need to file at your local USCIS office. However, for any other adjustment applications, you would file at a USCIS Service Center that serves your State.
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| QUESTION/÷ïðòïó: |
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Why do I need an attorney's assistance for
adjustment of status? May I do it myself?
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| ANSWER/ïô÷åô: |
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You may certainly try to apply for adjustment yourself. However, an experienced immigration attorney can help you prepare the forms and supporting documents with much less time involved and much more accuracy. Furthermore, the attorney will be able to inform you of any potential problems in your particular case and how to deal with those problems. In addition, the USCIS will usually send all the documents and inquiries to your attorney. This is particularly important if you will be changing addresses in the future.
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| QUESTION/÷ïðòïó: |
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An immigration petition has been approved
on my behalf. I am now in the U.S. Why do I still
need to file an adjustment of status application?
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| ANSWER/ïô÷åô: |
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You will need to file an adjustment of status if you want to become a legal permanent resident of the United States. The purpose of the immigrant petition is really just to get an official determination that you qualify as an immigrant under a particular category and preference. It is the adjustment of status that ultimately changes or adjusts your status to that of a permanent resident.
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| QUESTION/÷ïðòïó: |
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Do I need a "criminal record" certificate
from my home country for adjustment of status?
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| ANSWER/ïô÷åô: |
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No.
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| QUESTION/÷ïðòïó: |
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What is a Priority Date?
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| ANSWER/ïô÷åô: |
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Priority date is the date that an alien initially expresses his/her intent to immigrate to the United States. Namely, for family-based applicants, this is the date the USCIS first received the immigrant petition (Form I-130) filed on the alien's behalf. For employment-based applicants, this date is the earlier of the date an application for labor certification was received by the State Employment Security Agency (Form ETA 750 A & B), or the date an immigrant preference petition (Form I-140) was filed, if no labor certification is required.
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| QUESTION/÷ïðòïó: |
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What is a cut-off date?
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| ANSWER/ïô÷åô: |
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Because certain aliens are subject to restrictions on the annual immigrant visa quota and the quota is used up for some categories, the State Department publishes a monthly waiting list based on the priority date to regulate who is eligible for applying to adjust status to permanent resident (Form I-485). On that list, the State Department provides a date for each category of preferences for both family-based immigrant applications and employment-based immigrant applications. That date is known as cut-off date.
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| QUESTION/÷ïðòïó: |
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What is the significance of the priority dates and the cut-off dates? |
| ANSWER/ïô÷åô: |
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For those aliens who are subject to the annual immigrant visa quota, the priority date and the cut-off date determine when they can file an application to adjust status to permanent resident (Form I-485), If their priority dates are earlier than the cut-off dates, they may apply for the adjustment of status, otherwise, they must wait until the cut-off dates pass their priority dates. Therefore, the earlier the priority date is, the quicker the alien is eligible to get his/her green card.
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| QUESTION/÷ïðòïó: |
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Who should be aware of the priority date
and who may not? |
| ANSWER/ïô÷åô: |
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Those aliens who are subject to the annual immigrant visa quota should pay close attention to their priority dates. In other words, the priority dates affect those applicants who belong to one of the four categories of preference in family-based immigrant petitions, and theoretically all of the employment-based applicants. However, practically speaking, the quota for the first preference in employment-based immigrant petition (aliens with extraordinary ability, outstanding researchers, and multinational executives), the fourth preference (certain special immigrants), the fifth preference (investors) and the religious workers in employment-based immigrant petition is usually available all the time. For family-based immigration petition, applicants who are immediate family members of U.S. citizens (spouses, parents, and unmarried children under the age of 21 of U.S. citizens) need not concern about the priority date, because they are not subject to the annual immigrant visa quota.
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| QUESTION/÷ïðòïó: |
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My husband is a permanent resident. He filed an I-130 for me and it has been approved. I am now in the U.S. May I apply for adjustment of status now? |
| ANSWER/ïô÷åô: |
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Yes, if an immigrant visa is immediately available. If not, then you must wait until the immigrant cut-off date becomes current.
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| QUESTION/÷ïðòïó: |
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I am now in an H-1B status and it will soon
expire. I filed an I-485 adjustment of status based
on an approved I-140. I have also applied for EAD
(I-765). I know I may work for any employer when
I receive the EAD. Do I still need to extend my
H-1B when I receive the EAD? |
| ANSWER/ïô÷åô: |
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You might want to consider extending your H-1B because if your adjustment is denied and you did not extend your H-1B, you are out of status.
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| QUESTION/÷ïðòïó: |
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My wife is a US citizen and I am in the
U.S. in a valid non-immigrant status. She will apply
for a green card for me. Do we have to file I-130
first and wait for its approval before we file I-485
for adjustment of status? |
| ANSWER/ïô÷åô: |
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No. You may file the I-130 and the I-485 simultaneously.
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| QUESTION/÷ïðòïó: |
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I just got my green card. May my wife who
is not in the U.S. adjust her status to permanent
resident? |
| ANSWER/ïô÷åô: |
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No. Adjustment of status is for those who are physically in the U.S. However, if she is out of the country, then she could go through consular processing. If she enters the U.S. on some non-immigrant visa, then she may apply for adjustment of status.
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| QUESTION/÷ïðòïó: |
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I came to the US under a Visa Waiver program.
I am now married to a permanent resident. May I
adjust my status in the US? |
| ANSWER/ïô÷åô: |
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No, you cannot adjust your status.
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| QUESTION/÷ïðòïó: |
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I came to the US under a Visa Waiver program.
I am now married to a U.S. citizen. May I adjust
my status in the U.S.? |
| ANSWER/ïô÷åô: |
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Yes, you can adjust your status.
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| QUESTION/÷ïðòïó: |
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I came to the US with a K (fiance) visa.
I am now married to the same person who invited
me to the U.S. May I adjust my status to permanent
resident? |
| ANSWER/ïô÷åô: |
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Yes.
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| QUESTION/÷ïðòïó: |
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I came to the US with a K (fiance) visa,
but I am married to another person who is also a
U.S. citizen. May I adjust my status to a permanent
resident? |
| ANSWER/ïô÷åô: |
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No. You must have married the person who petitioned for the K visa to be eligible for adjustment of status.
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| QUESTION/÷ïðòïó: |
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I entered into the U.S. illegally. Now I
am married to a U.S. citizen. May I adjust my status
to permanent resident? |
| ANSWER/ïô÷åô: |
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If you are eligible for 245(i), you may adjust your status. Without 245(i), you will not be able to adjust. For more information on 245(i), click here.
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| QUESTION/÷ïðòïó: |
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I was a crewmember working on a ship and
my visa type was D. I left my work and now am staying
in the U.S. illegally. May I get protection from
245(i)
if all other requirements are satisfied?
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| ANSWER/ïô÷åô: |
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Yes.
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| QUESTION/÷ïðòïó: |
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My daughter came to the U.S. with me illegally
and she is now 10 years old. We satisfy all the
requirements of 245(i)
and we are now ready to adjust our status. Must
she pay the $1000 penalty? |
| ANSWER/ïô÷åô: |
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No. This fee does not apply to a child under the age of 17.
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| QUESTION/÷ïðòïó: |
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My husband who is a permanent resident has
filed an immigration petition for me a couple of
years ago and such petition has been approved. After
such approval, I got a B visa and I'm now in the
U.S. May I adjust my status here in the U.S. when
the visa is available? |
| ANSWER/ïô÷åô: |
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You may adjust your status, but if you did not disclose the immigrant petition, the USCIS might not grant it. B visas are only for temporary stays in the U.S. The USCIS might conclude that you fraudulently obtained that B visa due to your preconceived intent to remain in the U.S. when you applied for the visa.
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| QUESTION/÷ïðòïó: |
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I got a DWI (abbreviation for operating
a vehicle while intoxicated) ticket several years
ago and I did not do anything to dismiss it. Will
that prevent me from getting the green card now?
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| ANSWER/ïô÷åô: |
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This will depend on whether or not you were actually convicted of the crime. A conviction for the DWI may bar you from adjustment.
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| QUESTION/÷ïðòïó: |
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If my income is not sufficient to satisfy
the requirement when I file I-485 adjustment of
status based on an approved I-140, may I have somebody
else promise to support me? |
| ANSWER/ïô÷åô: |
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Yes.
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| QUESTION/÷ïðòïó: |
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I have sufficient income to support myself.
If I file the I-485 adjustment of status application
based on an approved I-130, do I still need the
relative who filed the I-130 for me to sign an affidavit
of support (I-864)? |
| ANSWER/ïô÷åô: |
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Yes. The person who filed the immigrant petition must sign an affidavit of support. However, if his income is insufficient, you may also get a co-sponsor to sign as well.
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| QUESTION/÷ïðòïó: |
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Must my sponsor who will sign the affidavit
of support for me be a U.S. citizen or permanent
resident? |
| ANSWER/ïô÷åô: |
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It depends on whether the adjustment is based on employment or family. If this is an employment-based adjustment, then the one who signs the affidavit does not have to be a U.S. citizen or permanent resident. However, if the adjustment is family-based, the signer must be a U.S. citizen or permanent resident.
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| QUESTION/÷ïðòïó: |
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My husband's National Interest Waiver petition
(I-140) has been approved and now the visa is available,
but my husband has just lost his job and he does
not have any income now. May we adjust our status?
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| ANSWER/ïô÷åô: |
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Yes, but you will need a sponsor who is willing to sign the affidavit of support for you and your husband. However, if you are working, you may simply get an employment letter yourself and sign the affidavit of support.
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| QUESTION/÷ïðòïó: |
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I'm applying for family-based adjustment of status and I have a lot of money in the bank. Do I still need to get someone to sponsor me?
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| ANSWER/ïô÷åô: |
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Yes. The person who filed the I-130 petition must sign an affidavit of support to sponsor you no matter how much money you have.
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| QUESTION/÷ïðòïó: |
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I'm applying for an employment-based adjustment of status, and I have a lot of money in the bank. Do I still need to get someone to sponsor me?
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| ANSWER/ïô÷åô: |
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No, if the money you have is indeed sufficient.
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| QUESTION/÷ïðòïó: |
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If my sponsor's income is not enough for the affidavit of support, what else can I do?
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| ANSWER/ïô÷åô: |
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A co-sponsor will be necessary.
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| QUESTION/÷ïðòïó: |
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My sponsor filed an affidavit of support on my behalf a year ago. However, while my adjustment application is currently pending, my sponsor lost his job. Is this going to affect my adjustment?
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| ANSWER/ïô÷åô: |
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Yes, you may need to add another sponsor who has sufficient income to sponsor your application. This can be done by filing a supplement with the USCIS.
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| QUESTION/÷ïðòïó: |
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I have applied for Medicaid while I was
a student. Does it prevent me from getting a green
card now? |
| ANSWER/ïô÷åô: |
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This alone will not probably prevent you from getting a green card, but it might be a factor when USCIS considers whether or not you will be a public charge on the state.
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| QUESTION/÷ïðòïó: |
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I have been granted asylum status. I also filed the I-485 adjustment of status application while I was single. Now I'm married. May my wife join me and file an I-485 adjustment of status too and get the green card with me at the same time?
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| ANSWER/ïô÷åô: |
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No.
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| QUESTION/÷ïðòïó: |
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My I-140 has been approved and I also filed I-485 adjustment of status when the visa for my category became available. Now I'm married. May my wife join me and file an I-485 adjustment of status too and get a green card with me at the same time?
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| ANSWER/ïô÷åô: |
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Yes.
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| QUESTION/÷ïðòïó: |
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How long will I have to wait before my adjustment is approved?
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| ANSWER/ïô÷åô: |
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It depends on whether your adjustment application is employment-based or family-based. For an employment-based case, it will be handled by an USCIS regional service center, which has jurisdiction over your state and several other states, and it may take from 6 months to two years. For family-based case, it will be handled by an USCIS local office, which has jurisdiction over the place of your residence. It may well take three or four years for some offices.
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| QUESTION/÷ïðòïó: |
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I am a U.S. citizen, but my wife is still in Ukraine. May I apply an adjustment for her?
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| ANSWER/ïô÷åô: |
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No. She has to be physically present in the U.S. and only then may adjust her status.
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| QUESTION/÷ïðòïó: |
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I am applying with the New York Service Center, but I have to move to California. What is going to happen to my application?
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| ANSWER/ïô÷åô: |
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Your application should be transferred to the USCIS California Service Center.
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| QUESTION/÷ïðòïó: |
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I move around a lot and I am afraid that the USCIS will send something to me at an address where I am no longer living. What can I do?
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| ANSWER/ïô÷åô: |
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You should inform the USCIS of your new address. If you have retained an attorney to handle your case, your attorney will be notified. This is another reason why people hire attorneys to handle their case.
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| QUESTION/÷ïðòïó: |
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May I legally work while my adjustment is pending?
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| ANSWER/ïô÷åô: |
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Yes, as long as you are granted an employment authorization (EAD) during this time. You may apply for employment authorization at the same time when you file adjustment of status application or at any time while the adjustment application is still pending.
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| QUESTION/÷ïðòïó: |
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May I leave the country while my adjustment is pending?
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| ANSWER/ïô÷åô: |
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Yes, but you must obtain a travel document (advance parole) before you leave the U.S. Otherwise, you will be considered to have abandoned your adjustment application, unless you are in certain status, such as H or L.
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| QUESTION/÷ïðòïó: |
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If I apply for a work permit or advance parole with my adjustment, how soon can I expect to get them?
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| ANSWER/ïô÷åô: |
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Around three months for a work permit. It normally takes less time to process Advance Parole applications. For some local USCIS offices, it takes 30 days to obtain an Advance Parole.
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| QUESTION/÷ïðòïó: |
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What is an affidavit of financial support? Do I need one?
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| ANSWER/ïô÷åô: |
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An affidavit of support is a document by which the sponsor promises to provide financial support to the immigrant or non-immigrant alien when such alien is unable to support himself/herself. An affidavit of support is often required in an adjustment case. The purpose is to demonstrate that the applicant will not become a burden of the U.S. government once he/she becomes a permanent resident. Professional advice is recommended to determine whether an affidavit of support is needed for a particular case.
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| QUESTION/÷ïðòïó: |
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I entered the United States illegally, but I am now married to a U.S. citizen. May I adjust my status?
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| ANSWER/ïô÷åô: |
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No, unless you are eligible to claim protection under 245(i). For more information about 245(i), please click here.
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| QUESTION/÷ïðòïó: |
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I am filing an employment-based adjustment of status application. May I pay the filing fees with a personal check?
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| ANSWER/ïô÷åô: |
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Yes, because your case will be filed at an USCIS Service Center, which accepts personal checks.
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| QUESTION/÷ïðòïó: |
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It has been 2 years since my employment-based adjustment was filed and I still have not heard anything from the USCIS. What can I do to check the status of my application?
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| ANSWER/ïô÷åô: |
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You may call or write to the USCIS for status inquiry. The contact information is listed at the bottom left corner of your receipt notice.
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| QUESTION/÷ïðòïó: |
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It has been 2 years since my family-based adjustment was filed and I still have not heard anything from the USCIS. What can I do to check the status of my application?
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| ANSWER/ïô÷åô: |
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It is not unusual for a case of your type to take such long time. However, you can certainly make a status inquiry by visiting your local USCIS office, or contact the USCIS by phone or mail for the case status.
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| QUESTION/÷ïðòïó: |
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I entered on a B-2 visitor visa, but I have overstayed my visa for over one year. May I apply for adjustment of status through my employer?
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| ANSWER/ïô÷åô: |
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No, unless you are eligible to claim protection under 245(i). For more information about 245(i), please click here.
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| QUESTION/÷ïðòïó: |
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I entered on a B-2 visitor visa, but I have overstayed my visa for over one year. However, I married a legal permanent resident. May I apply for adjustment of status?
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| ANSWER/ïô÷åô: |
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No, assuming that you are not eligible for the protection of 245(i).
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| QUESTION/÷ïðòïó: |
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I entered on a B-2 visitor visa, but I have overstayed my visa for over one year. However, I married a U.S. citizen. May I apply for adjustment of status?
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| ANSWER/ïô÷åô: |
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Yes.
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| QUESTION/÷ïðòïó: |
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I entered on an F-1 student visa and I want to apply for adjustment of status through my U.S. citizen sister. However, I have been working illegally. Do I have to mention my illegal employment on the immigration applications?
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| ANSWER/ïô÷åô: |
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Yes, you must answer each question honestly.
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| QUESTION/÷ïðòïó: |
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What can I do if my adjustment application is denied?
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| ANSWER/ïô÷åô: |
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Depends on reasons of the denial. If they requested certain additional documents which did not have at the time of the request but obtained them since then, or received new and additional information which might be beneficial to your case only then you may file the motion to reopen or reconsider the case.
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| QUESTION/÷ïðòïó: |
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What is the difference between an immigration petition and an adjustment of status?
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| ANSWER/ïô÷åô: |
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An immigrant petition merely asks for a determination that an alien qualifies as an immigrant under a particular category and immigrant preference. The immigrant preference is important as, for most classes of immigrants, a limited number of aliens are allowed (available immigrant visas) to become permanent residents each year. An adjustment of status application actually asks for changing the alien’s status to that of an immigrant (i.e. permanent resident), and cannot be filed if there are no available immigrant visas at a given time. Generally speaking, an adjustment of status application must be based on an approved immigration petition.
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| QUESTION/÷ïðòïó: |
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What is the difference between consular processing and adjustment of status?
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| ANSWER/ïô÷åô: |
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Consular processing is applicable to those who are outside the U.S., while the adjustment of status is availible to those who are inside the U.S.
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| QUESTION/÷ïðòïó: |
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My husband is a U.S. citizen. We got married a year ago and he immediately helped me file for adjustment of status. However, he now wants a divorce.
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| ANSWER/ïô÷åô: |
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If you have not obtained a permanent green card or a conditional green card before the divorce is finalized, your divorce will result in the failure of your immigration case.
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| QUESTION/÷ïðòïó: |
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My U.S. citizen husband and I are legally separated. May I still adjust my status?
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| ANSWER/ïô÷åô: |
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Yes.
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| QUESTION/÷ïðòïó: |
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My employer filed an employment-based immigrant petition based on my qualifications as an outstanding researcher. The immigration petition was approved and I am ready to file for adjustment. However, I was wondering if I have to continue working for this employer?
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| ANSWER/ïô÷åô: |
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Generally, an employment-based alien immigrant is not required to work for the petitioning employer until the employee obtains his permanent resident status. Once the employee obtains the green card, he is required to work for a reasonable period of time for the same employer. There is an exception to those who hold H-1B status. They may work for the petitioning employer for no shorter than 180 days after they file their adjustment application. Thus, they may work for other employers before they obtain their permanent resident status without jeopardizing their green card.
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| QUESTION/÷ïðòïó: |
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I was admitted to the U.S. under a K visa for fiancÊs a month ago, but we have not been married yet. Is there a time limit on when we have to get married?
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| ANSWER/ïô÷åô: |
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Yes, in order to maintain a legal status, you must be married to the U.S. citizen fiance who petitioned and brought you to the U.S. within 90 days after your entry to the U.S.
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| QUESTION/÷ïðòïó: |
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I was admitted to the U.S. under a K visa. However, I did not marry my fiance who petitioned for me. I ended up marrying another U.S. citizen instead. May I adjust my status?
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| ANSWER/ïô÷åô: |
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No. You have to leave the U.S. and apply for an immigrant visa at a U.S. Consulate.
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| QUESTION/÷ïðòïó: |
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I am a legal permanent resident. I want to petition for a family visa for my husband, but I realize that he will have to wait over four years until he is eligible to apply for adjustment. Since I am planning on getting my U.S. citizenship next year, should I just wait until then to help my husband apply for adjustment?
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| ANSWER/ïô÷åô: |
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You can certainly do so since this may be faster. You may also file the immigration petition now as a permanent resident. Once you become a citizen, you may request your case be upgraded.
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| QUESTION/÷ïðòïó: |
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What is a derivative beneficiary?
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| ANSWER/ïô÷åô: |
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A derivative beneficiary is an immediate family member of the principal beneficiary of an approved immigration petition. Such derivative beneficiary may apply for immigrant visa or adjust his/her status to permanent resident if the principal beneficiary is eligible to apply or adjust. For example, if a man is eligible to adjust his status based on an approved immigration petition filed by his U.S. citizen sister, this man's wife and minor children may also adjust their status in the U.S. The wife and the minor children are derivative beneficiaries.
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| QUESTION/÷ïðòïó: |
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I just got an approved I-140 and am now eligible to apply for adjustment of status. May my wife and children apply with me?
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| ANSWER/ïô÷åô: |
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If they are now in the U.S. then yes.
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| QUESTION/÷ïðòïó: |
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I just got an approved I-140 and am now eligible to apply for adjustment of status. May my parents and brothers and sisters apply with me?
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| ANSWER/ïô÷åô: |
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No.
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| QUESTION/÷ïðòïó: |
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I just got an approved I-140. May I apply for adjustment now?
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| ANSWER/ïô÷åô: |
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If an immigrant visa is available to you (depending on what category you are in and your priority date), you may apply immediately. Otherwise, you must wait until your date comes.
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| QUESTION/÷ïðòïó: |
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I just got an approved I-140, may I wait for a couple of years to file the adjustment application, or is there any expiration date for an approved I-140?
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| ANSWER/ïô÷åô: |
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There is no expiration date for an approved I-140. You may wait as long as you wish to file your adjustment application, assuming you satisfy all other requirements for adjustment.
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| QUESTION/÷ïðòïó: |
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I entered the U.S. on a J-1 visa and am now married to a U.S. citizen. May I adjust my status?
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| ANSWER/ïô÷åô: |
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Yes, if you are not subject to the two-year residency requirement, or even if you are subject to such requirement and it has been effectively met or waived.
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| QUESTION/÷ïðòïó: |
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Even though I meet all the requirements for an adjustment of status, is it guaranteed that my adjustment will be approved?
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| ANSWER/ïô÷åô: |
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No, there is no guarantee.
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| QUESTION/÷ïðòïó: |
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I originally was in H-1B status, but I just recently filed for adjustment of status. What status am I in right now?
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| ANSWER/ïô÷åô: |
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You are still in H-1B status so long as it is valid
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| QUESTION/÷ïðòïó: |
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I originally was in H-1B status, but I just recently filed for adjustment of status. Will I have to renew my H-1B if I am still waiting for my adjustment to get approved?
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| ANSWER/ïô÷åô: |
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It is always wise to maintain a separate legal status during the pendency of the adjustment application because, in the event that the adjustment application is denied, if you have not maintained other status, you are out of status.
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| QUESTION/÷ïðòïó: |
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I originally was in H-1B status, but I just recently filed for adjustment of status. I also received an Advance Parole when I filed for my adjustment. If I leave the country, will I lose my H-1B status?
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| ANSWER/ïô÷åô: |
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Not necessarily. However, if you enter the U.S. with your Advance Parole document, you will lose your H-1B status.
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| QUESTION/÷ïðòïó: |
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I originally was in H-1B status, but I just recently filed for adjustment of status. I also received an employment authorization when I filed for my adjustment. Am I now allowed to work for a different employer?
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| ANSWER/ïô÷åô: |
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Yes. Such employment authorization allows you to work for any employer, but you will lose your H-1B status.
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| QUESTION/÷ïðòïó: |
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My wife was in H-4 when she filed for adjustment. She also received employment authorization when she filed for adjustment. If she works, will I lose my H-1 status?
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| ANSWER/ïô÷åô: |
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No.
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