Frequently Asked Questions

ON ADJUSTMENT OF STATUS

1. What is an adjustment of status?
The applicant may apply for lawful permanent resident status if the applicant is present in the United States and meets with the other requirements. To apply for the adjustment, applicant must submit a separate form I-485 for himself/herself and each of the dependant family members to the appropriate USCIS office having jurisdiction.

2. Why do I need an EAD?
The adjustment of status is taking much longer time. Filing I-765 or EAD based on pending I-485 provides you the work permit.

3. Why should I apply for Advance Parole (“AP”)?
If you travel outside the U.S. while your Adjustment of Status is pending, you may be shown to have abandoned your case unless you have permission to travel. This permission is given upon receipt of the approved Advance Parole Document. However, if you are on H1-B or L-1, you do not need the AP.

4. What’s that new rule about maintenance of H-1 and L-1 status for certain adjustment applicants?
Earlier, all H-1 and L-1 adjustment status applicants were required to obtain advance parole prior to traveling outside the U.S. However, now, if you are an adjustment of status applicant and have maintained your valid H-1 or L-1 status, you are eligible to travel outside the U.S. without showing to have abandoned your adjustment case. While traveling on H1 or L, please make sure that your visa is valid, you are continuing to be eligible for the classification, and you have with the original adjustment of status receipt notice – I-797.

5. While adjustment of status application is pending, can I bring my spouse on H4 or L2 if my H1-B or L1 visa continues to be valid?
H-1 or L-1 worker traveling outside the U.S., while adjustment of status application is pending, may petition for H4 or L2 visa for spouse and depending children below 21 years of age.

6. Why do I have to renew my H1 or L1 after I receive my EAD?
This is to protect from going out of status and start running unlawful presence in the United States. If your I-140 or I-485 is denied, you immediately go out of status. The renewal of H1 or L1 is highly recommended.