What status do I need for work authorization while I port my pending green card application?
by Admin
Posted on 06-12-2023 03:47 PM
Niw green card application process requires filing forms in two stages:
form i-140 – immigrant petition for alien worker
form i-485 – adjustment of status
we have considered to file both steps concurrently and reap the benefits of faster process. This would allow us to apply immediately for work (ead) and travel authorization (advance parole). Finally we filed both stages separately. In case i-140 is denied we would save thousands of dollars paid for second stage (i-485).
You can create a cover letter to send with your downgrade or upgrade application easily with our app. The app also allows you to add the receipt and a number bar code to your cover letter. The bar codes help uscis easily scan your previous i140 receipt or a number to quickly locate your green card file. The idea is to make it easier for uscis officers and mailroom executives to find your case and reduce their workload. #step 1 you will need your approved i140 receipt number, approval date, a number, and perm number to create this letter. #step 2 enter your current i140 details which should be in an approved status to generate this letter.
Obtaining a green card in the united states is no easy task. The paperwork alone is voluminous and can be complicated without the help of a legal professional. Individuals who seek to adjust their immigration status to become lawful permanent residents (green card holders) must file a form i-485 with united states citizenship and immigration services (uscis). The i-485 application to adjust status must be based on an underlying immigrant category, typically employment-based or family-based (such as marriage to a united states citizen). Depending on an applicant’s circumstances, he or she may wish to change the underlying basis of the i-485 application, which is commonly known as “interfiling.
How can I travel with my green card?
The last step in the green card (permanent residency) process is submitting an “adjustment of status application” to the uscis. Can applicants stay in the us while waiting for their adjustment of status (aos)? yes.
They can stay in the us while their applications are being processed – even if their visas expire. Here are the uscis policies on how visa applicants are subject to immigrant visas while they’re waiting to fill their aos applications. Applicants also need to obtain travel permissions if they wish to travel while their aos applications are pending. Applicants do get the right to receive employment certifications.
If living in the united states, the applicant will need to file form i-485. The applicant might also find it useful to apply for an “ advance parole ” document if they wish to travel abroad while waiting for their green card. Certain evidence is required for form i-485, including: medical exam, performed by an approved physician evidence of sufficient financial support once i-485 has been filed and received, uscis will notify the applicant of their upcoming biometrics appointment and their in-person interview (if one is required). For more information, read the boundless guide about the adjustment of status process.
The second benefit of an employment-based adjustment of status is the ability to simultaneously apply for advance parole. Essentially, advanced parole permits you to reenter the u. S. Without an immigrant/non-immigrant visa after traveling overseas. It also protects your pending aos application from being considered abandoned. This is very advantageous since the interim waiting period for some employment-based green card timelines can span several years.
Fast Track Your EB-2 to an EB-1 Green Card
For the majority of foreign nationals, there are two main options for seeking a green card: family-based and employment-based. For individuals that do not have a u. S. Citizen or legal permanent resident immediate family member, family-based options are either impossible or come with a years-long wait. Employment-based options can be further categorized into two options: employer-sponsored and non-employer-sponsored (also referred to as self-petitions). Employer-sponsored options are the more common of the two; they include labor certification, which is applicable for all jobs, and outstanding researcher/professor (eb-1b) , which is applicable for tenure track or permanent faculty only. The only two employment-based immigrant visa categories in which a foreign national may self-petition are national interest waiver (eb-2) and extraordinary ability (eb-1).
Recent developments q. How many family-sponsored or employment-based immigrant visas did uscis and dos use during fy 2022? a. The department of state (dos) determined that the fy 2022 employment-based annual limit was 281,507 – more than double the typical annual total – due to unused family-based visa numbers from fy 2021 being allocated to the next fiscal year’s available employment-based visas. By the end of the fiscal year on sept. 30, 2022, the agencies used all of these employment-based immigrant visas, apart from 6,396 eb-5 visas that congress has allowed to carry over to the next fiscal year. Of these, uscis and the executive office for immigration review (eoir) approved more than 220,000 employment-based adjustment of status applications for people already present in the united states.
About us our team at law offices of rajiv s. Khanna, pc, headed by us immigration attorney, rajiv s. Khanna, proudly counsel and represent in u. S. Immigration matters clients from every continent of the world and all fifty u. S. States. Our website is the largest portal in the world on immigration, including more than 200,000 registered members and two million posts on forums. Immigration. Com. On behalf of the firm, rajiv hosts a free community conference call every two weeks open to everyone. Rajiv’s 2004 call-in show on c-span about summer work visas is one of the most-watched c-span video ever.
U. S. Citizenship and immigration services is implementing the next phase of the premium processing expansion for certain petitioners who have a pending form i-140, immigrant petition for alien workers , under the eb-1 and eb-2 classifications. Similar to the first phase and second phase of the expansion, this phase only applies to certain previously filed form i-140 petitions under an e13 multinational executive and manager classification or e21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (niw). Petitioners who wish to request a premium processing upgrade must file form i-907, request for premium processing service.