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When filing Form I-485, also known as the Application to Adjust Status, applicants often have questions about their legal standing in the U.S. during this period. Adjusting status can take months, leaving many unsure of their immigration status, work rights, and travel possibilities.

This blog post explores answers to the question: “What is my immigration status while I-485 is pending?” Without further ado, let’s get into it.

Legal Presence While I-485 Is Pending

Filing Form I-485 grants applicants legal presence in the United States while their application is being reviewed. This means you can stay in the country legally, even if your original non-immigrant visa expires during the process.

However, it is essential to remember that this legal presence is temporary and directly tied to your I-485 application. If the U.S. Citizenship and Immigration Services (USCIS) denies your application, your legal presence ends immediately, and you may be required to leave the country unless you are eligible for another type of status.

Legal presence also comes with certain restrictions. Although you can stay, your ability to work or travel may be affected if you have not applied for additional permits. It’s important to fully understand these requirements to avoid accidentally violating the terms of your stay.

Employment Authorization During I-485 Processing

One of the key benefits of filing Form I-485 is the ability to apply for an Employment Authorization Document (EAD) through Form I-765. Once granted, this document allows you to work legally in the U.S. while your adjustment of status is pending. The processing time for an EAD can vary, but applicants often receive it within a few months of submitting their request.

Without an EAD, your work authorization may depend on your original visa type. For example, if you were on an H-1B visa before filing the I-485, you may continue working for your current employer. However, if your visa does not include work privileges, obtaining the EAD is essential for legal employment during this waiting period.

The ability to work while your application is pending can be a huge relief, particularly since the I-485 process can take 10 to 23 months, depending on factors such as the category of adjustment and the USCIS office handling your case.

Travel Considerations While Awaiting I-485 Approval

Traveling outside the United States while your I-485 is pending requires special permission. Applicants must apply for Advance Parole by filing Form I-131 before leaving the country. Without Advance Parole, your departure could be interpreted as abandoning your I-485 application, effectively canceling your adjustment of status request.

Advance Parole allows you to leave and re-enter the U.S. during the I-485 processing period. However, it’s important to note that while the document allows re-entry, it does not guarantee admission, as this decision is ultimately up to the immigration officers at the port of entry.

For those who need to travel urgently, applying for Advance Parole as early as possible is advisable. The processing times for this permit can take several months, and traveling without it could have serious consequences for your green card application.

Job Flexibility for Employment-Based Applicants

For those adjusting status based on employment, the I-485 process offers flexibility when changing jobs. Under the American Competitiveness in the Twenty-First Century Act (AC21), employment-based applicants can switch to a new job if their I-485 has been pending for at least 180 days. However, there is a condition: the new job must be in the same or a similar occupational classification as the original job used for the I-140 petition.

This rule, known as the "Portability Rule," allows applicants to seek new employment opportunities without jeopardizing their green card application. While this offers greater career flexibility, ensuring that the new role aligns closely with the job specified in the initial petition is crucial to avoid complications in your application process.

Maintaining Non-Immigrant Status: Is It Necessary?

When you file Form I-485, you are no longer required to maintain your previous non-immigrant status, such as an F-1 student or H-1B worker visa. This is because the I-485 grants you legal presence in the U.S. However, maintaining your non-immigrant status can be a backup plan in case your I-485 application is denied.

For example, if you are currently in the U.S. on an H-1B visa, you can continue to work under that visa’s provisions even while your I-485 is pending. If your green card application is rejected, you could remain in the U.S. under your non-immigrant status. This dual status option provides added security during the lengthy adjustment of the status process.

However, the decision to maintain a non-immigrant status varies depending on each individual’s circumstances. While it’s not mandatory, it can provide peace of mind for applicants who want to ensure they have options in case of a denial.

At Ahmad & Associates, we understand the complexities of filing Form I-485 and navigating the rules related to your immigration status during this period. With over 20 years of experience, our immigration attorneys focus on providing personalized, efficient immigration law services, specializing in family-based petitions and asylum cases.