Frequently Asked Questions
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What is an Adjustment of Status?
The applicant may apply for lawful permanent resident status/adjustment of status (Form I-485), if the applicant is present in the United States and meets with the other requirements for filing such application. To apply for Adjustment of Status, applicant must submit a separate Form I-485 for himself/herself and each of the dependent family members to the appropriate USCIS office having jurisdiction over his/her application.
Why do I need an EAD?
Often the adjustment of status application takes a long time to be processed and approved. Therefore, filing I-765, Application for Employment Authorization (EAD) based on pending I-485 provides you with the work permit to continue working in the U.S.
For employment based applicants like those in H-1B, this is an opportunity to file for work permits for spouses.
For employment based applicants like those in H-1B, this is an opportunity to file for work permits for spouses.
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 such overseas travel. This permission is given upon receipt of the approved Advance Parole Document. However, if you are in another non-immigrant status, such as, an approved H-1B or L-1 visa, you do not need the AP.
What’s that new rule about maintenance of H-1B and L-1 status for certain adjustment applicants?
Earlier, all H-1B 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-1B or L-1 status, you are eligible to travel outside the U.S. without showing to have abandoned your adjustment of status/I-485 application. While traveling in H-1B or L-1 status, please make sure that your visa is valid, you continue to be eligible for the said classification, and you have with you, the original Adjustment of Status receipt notice – I-797.
While my Adjustment of Status application is pending, can I bring my spouse on H-4 or L-2 if my H-1B or L-1 visa continues to be valid?
H-1B or L-1 worker with a pending Adjustment of Status application, may apply for H-4 or L-2 visa for his/her spouse and dependent children below 21 years of age.
Why do I have to renew my H-1B or L-1 after I receive my EAD?
This is to protect you from going out of status and start earning unlawful presence in the United States. If your Form I-140 or Form I-485 is denied, you immediately go out of status. Therefore, the renewal of H-1B or L-1 status is highly recommended.
