Adjustment of Status

suzanne4, RN · Mar 2, 2006

Dear Suzanne,
I have a question regarding adjustment of status. I will be in Florida to take NCLEX next month ( i have a tourist visa) . If i pass, and an employer filed for adjustment of status, how long is the process?
During this period of adjustment, will i be on valid status if the process will take more than 6 months? Can i work while waiting for my adjustment if i pass nclex and everything has been filed?
Hoping for your prompt reply.:
thanks.

It is minimum of 4 1/2 months before you will be able to work. You must be in the US for 60 days before the AOS can be filed, then you need to wait for that to be processed, and then you need to get a SSN#, etc. And no, you cannot work unitl you have the EAD in hand, and that will take 4 1/2 months.

aditrus · Mar 3, 2006

It is minimum of 4 1/2 months before you will be able to work. You must be in the US for 60 days before the AOS can be filed, then you need to wait for that to be processed, and then you need to get a SSN#, etc. And no, you cannot work unitl you have the EAD in hand, and that will take 4 1/2 months.

Thanks i understand now. So 60 days + 4 1/2 months right? Followup question, while my paper is being processed and my 6 months is over , do i have to leave the country or it is ok to stay as long as your EAD is on process.

My husband has a tourist visa, is it advisable for him to join me physically in the US when i filed for an adjustment or better for him to wait in the Phils. Whts your best advice?

Thank you so much .... You dont know how much your reply means to us...Thanks again

suzanne4, RN · Mar 3, 2006

Thanks i understand now. So 60 days + 4 1/2 months right? Followup question, while my paper is being processed and my 6 months is over , do i have to leave the country or it is ok to stay as long as your EAD is on process.
My husband has a tourist visa, is it advisable for him to join me physically in the US when i filed for an adjustment or better for him to wait in the Phils. Whts your best advice?
Thank you so much .... You dont know how much your reply means to us...Thanks again

The sixty days is part of the 4 1/2 months. As long as your AOS has been filed, then you are okay after your tourist visa expires. But remember, that you cannot legally work during that 4 1/2 months, and it is very expensive to stay in the US without a salary coming in.

But remember that you will still need to find an employer to do the petitioning for you, and that may take some time.

Ethan_mike · Jun 6, 2006

Aditrus, you're probably gonna need an immigration lawyer too. There's going to be a bunch of paperwork and laws that need to be looked into. I-140, 485, 765, 131, 693, G-325 are those I know of. I'm pretty sure there's more. The whole thing is expensive and takes time. Good luck.

Oh, and you need another form G-28 if you're gonna have a lawyer represent you to the USCIS.

The whole place is packed with red tape.

Ethan_mike · Jun 6, 2006

Suzanne, i've a question about simultaneous filing of the I-140 and the 485 (the AOS) and the 765 (EAD), the USCIS guidelines state that they allow this only if there is a visa number immediately available. At this time while the last few of the 50 thousand Schedule A visas are running out, the EAD and the subsequent legal stay is issued in about 2and a half months right? What happens when retrogression kicks in? That means no visa numbers immediately available (E3 Category). Does that mean nobody can file for simultaneous EAD's anymore? And does that mean one can't stay legally in the US anymore pending the I-140's approval?

Geena, BSN, RN · Aug 28, 2006

suzanne, i've a question about simultaneous filing of the i-140 and the 485 (the aos) and the 765 (ead), the uscis guidelines state that they allow this only if there is a visa number immediately available. at this time while the last few of the 50 thousand schedule a visas are running out, the ead and the subsequent legal stay is issued in about 2and a half months right? what happens when retrogression kicks in? that means no visa numbers immediately available (e3 category). does that mean nobody can file for simultaneous ead's anymore? and does that mean one can't stay legally in the us anymore pending the i-140's approval?

sorry sorry, i picked up an oldie, but hypothetically; what would happen? just curious!

FutureUSRN · Aug 28, 2006

When there is no visa available, simultaneous filing of I-140 and I-485 stops. One can only file I-140 but cannot adjust status.

However, if you're able to manage to get in the US legally for more than 60 days, has a sponsor, and the visa is still available, simultaneous filing is advisable. One must include EAD and AP. Even if visa ran out after this, one can use the EAD to work and AP to travel. EAD and AP are renewable. His stay, while I-485 is pending, is LEGAL. JUST MAKE SURE THAT VISA SCREEN IS READILIY AVAILABLE.

Geena, BSN, RN · Aug 29, 2006

hi! i think the situation where there is no visa available was what i was thinking. looks rather bleak and definitely a no certainties situation. geena

spacegurl · Aug 30, 2006

FutureUSRN, what is AP?

FutureUSRN · Aug 30, 2006

AP stands for Advance Parole. One needs this to travel outside the US while AOS is pending so that he can be allowed entry again.