A: The new law does not specifically address this issue. It appears that if you are working as a Software Engineer and moving to a similar Software Engineering role at another company, you can still benefit from the Adjustment of Status application. However, if you accept a Software Engineering Manager role, the USCIS is likely to find that you are no longer in the same or similar occupation.
A: If the I-140 has already been approved and then the employer withdraws the approved I-140 after the AOS application has been pending for 180 days, the approved I-140 remains valid with respect to your new offer of employment in accordance with AC21. You will have to submit evidence to demonstrate that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the I-140 was filed.
If the approval of I-140 is revoked or the pending I-140 is withdrawn before the AOS application has been pending 180 days, the approved I-140 is no longer valid with respect to a new offer of employment and the AOS application may be denied.
A: This issue has not been addressed by regulations. However, the portability provision is meant to help an applicant suffering through the long adjudication process by allowing him/her to accept employment that s/he would otherwise be able to, but for the long adjudication process. Thus, we believe one would be allowed to accept employment in other geographical areas since s/he would be able to do so had the USCIS adjudicated the application timely, despite the fact that the test of the job market (for labor certification originated cases) was for a specific geographical area.
A: In the past, whenever we have filed an adjustment application, requests for employment authorization and advance parole were also filed. This was done to ensure that the individual would be able to continue working and traveling even if s/he ran out of time in H-1B status. Given the provisions of the new law, which allow for H-1B extensions until the adjustment is adjudicated, the constant extensions of these two documents (EAD and advanced parole) are merely optional. Adjustment applicants, who are in H-1 or L-1status, may continue to work and travel pursuant to their H-1B nonimmigrant visas. However, if your spouse/children in H-4 or L-2 status wish to work, they should apply for the EAD card.
A: Effective May 3, 1997, applicants for residency status are required to provide the USCIS examining physician with evidence of vaccinations for a variety of illnesses including mumps, measles, rubella, polio, tetanus, diphtheria toxoids, pertussis, influenza type B and hepatitis B, varicella, haemophilus influenza type B, pneumococcal, and any other vaccine preventable disease which may be added to the list. If the physician indicates that an applicant lacks the required vaccinations, the applicant will not be medically cleared for approval of adjustment of status and will need to obtain these vaccinations before continuing the process.
A: Yes. You should start collecting your records now.
A: A waiver may be available to individuals who seek exemption from the vaccinations due to medical or religious reasons. Please see an USCIS approved doctor.
A: You must have an USCIS approved doctor complete the required medical form. You may find information on the closest doctor to where you reside at: 1 (800) 375-5283.
A: Please click here.
A: Yes. Start gathering information from your family records/previous doctors and provide to the approved USCIS physician.
A: As long as there is proof of paternity.
A: The U.S. allows a limited number of people to immigrate per fiscal year. Those born in India and the PRC are impacted because these countries are high immigration countries.
A: Yes, you will need to sign the affidavit of support on behalf of accompanying family members.
A: If your spouse was not born in a high impact immigration country (e.g. P.R. China or India), you can benefit from your spouse¹s place of birth to expedite the filing of your adjustment of status.
A: Yes, children under the age of 21 who are single can adjust.
A: Yes your child can immigrate with proof of legal adoption which is recognized by the U.S. before the age of 16.
A: If biological parent releases and the marriage to parent is legitimate, yes.
A: Strictly speaking, the latest you can get married and have your spouse benefit from the adjustment is any time before the adjustment is approved. Since we are never sure of USCIS processing time, it is safer to be married at the time the adjustment application is filed.