Form I-485

AOS and EAD

I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.

It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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EAD restriction for 245i

I applied for GC through 245i. I currently have a valid EAD. I140 approved. and I485 pending. Its for future employment. Can I work for a non related (not related to my labour) until my 485 is approved?

Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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USCIS Revises Form I-485 and Filing Locations

U.S. Citizenship and Immigration Services (USCIS) announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485.  In addition to a revised form, there are new filing locations.  The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities.  Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Green Card: 
Agency: 
Immigration Law : 

DOS Updates – 02/10/2010

E Visa company registrations -  It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation. 
 

Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:

Agency: 
Profession/Occupation: 
Nonimmigrant Visas: 

I130/485 for wife

I will become a US citizen in Jan. 2010. My wife is an F-1 student but will graduate on 12/12/09. Is there any problems if I file I-130/485 for her be the end of her grace period(2/10/10)?

I do not see any problem if the 130/485 is filed during the 60 days following the F-1. In any case, she can and should apply for OPT.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Birth Certificate Question

My I-140 was approved in Oct 2009 under EB1-b category. Now for filing I-485 we I had obtained my birth certificate (for the first time) in 2009. My lawyer is saying that will not do, instead I should obtain a non-availability certificate for my birth and provide three affidavits about my birth date and place from my relatives who are at least 10 years older than me. This sounds bizarre to me, as the birth certificate that was issued to me should be seen as a valid document and perhaps better than a non-availability certificate.

As far as I can think, what your lawyers say makes sense only if your birth was not registered when you were born. If the registration was done recently, I would agree with your lawyers, otherwise not.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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EAD - Job title change on the same job

My wife and I am on EAD and also both have H1B (I am in my 8th year of H1B and wife is in 5th year as teacher). Our EAD is based upon my job in EB3 category in IT as System Analyst/Administrator, my priority date Aug'2003. Last year I have completed MBA in Finance and can now work as a Project manager within the same company. Can I change my title to Project Manager or IT Manager and also can I change my profile now to work in Investment Company or any other non-IT field in the same company I am already working. As these delay of getting green card are actually causing problem in my career.

If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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