What happens if my priority date retrogression after filing I-485?

If the priority date retrogresses after you file, then you remain a pending applicant for adjustment of status and can apply for employment and travel authorization as a pending applicant or have your employer continue to maintain your nonimmigrant status.

Can priority date go back?

Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again.

Can i485 be approved before priority date is current?

A priority date is the date the PERM was filed, and you can see if that date is current on the USCIS visa bulletin. Only applicants with current priority dates are eligible to file form I-485. If the priority date is not current, the application will be rejected.

Why is priority date retrogression?

Retrogression, or When the Priority Dates Move Backward But sometimes, so many people apply after a certain Priority Date is published that the State Department gets overwhelmed, and needs to put on the brakes. It does this by moving the Priority Date in that particular visa category backward.

What if I missed my priority date?

When No One Noticed Your Current Priority Date If you miss this as well, the government will perceive you have quit, and the next person in the line will get your visa number to the next. Keep track of your priority date, and take steps to pursue your application once it becomes current.

What happens if priority date is current?

This is referred to as the priority date being “current.” The priority date is current if there is no backlog in the category. If you have a current priority date, your immigrant visa number is immediately available, and you may apply for permanent residence or adjustment of status.

What happens if I-485 is approved?

Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship. Permanent Resident Cards are valid for ten years.

How long does it take to adjust status I-485?

8 to 14 months
Form I-485 Processing Time Summary After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor. This is an approximation.

How long does it take to get an I-485 after filing?

After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor.

Do I still need to maintain my non-immigrant status after filing Form I-485?

Although maintaining non-immigrant status is no longer required once you file Form I-485, it’s always a safe strategy to continue meeting the obligations of the non-immigrant visa (if possible) that got you here in the first place.

What happens if my I-485 is denied by USCIS?

If USCIS denies the I-485 application, you can generally return to your non-immigrant status. An F-1 student who continues school and all other requirements that come with F-1 status can fall back to that non-immigrant status if the I-485 get denied.

Can a F-1 student return to the US after filing an I-485?

However, maintaining status is not always possible. For example, an F-1 student who temporarily departs the United States to visit family may not be able to return on the F-1 visa after the I-485 is filed. The green card processing time will take several months.

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