글을 보니 i485를 아직 지원 안하신거 같은데, RFE는 RFE대로 대응하시고 I485를 언능 지원하시기 바랍니다.
합법적으로 남아 있을수 있는 방법입니다.
제 변호사는 vc 인데 VC한테 받은 내용 공유합니다. 참고하세요
오해의 소지가 있을수 있어 그대로 복사해서 붙여 넣기 했습니다.
Adjustment of Status
Adjustment of status (AOS, i.e., filing and I-485) is the option of applying for your green card inside the U.S. One can only enter the U.S. with a NIV that does not require nonimmigrant intent (e.g., H-1B, H-4, O-1, O-3, L-1, L-2) to file an I-485. One cannot enter the U.S. with a NIV that requires nonimmigrant intent (e.g., J-1, J-2, F-1, F-2, B1/B2, TN, TD) to file an I-485 – doing so is considered visa fraud. If one is outside the U.S. and unable to enter the U.S. with a NIV that does not require nonimmigrant intent, he/she must apply for a green card through IV processing.
General Timeline – if the priority date for the I-140 is current according to the USCIS Adjustment of Status Filing Charts from the Visa Bulletin, the primary beneficiary can file their I-485 with their I-140 petition, while their I-140 petition is pending, or after their I-140 is approved. Filing the I-485 before the I-140 is approved may reduce the total processing time for the green card application (i.e., I-140 + I-485) because USCIS can start to process the I-485 earlier; however, please note that if the I-140 is ultimately denied, the I-485 will be automatically denied and the I-485 filing fees will be lost. The filing of an I-485 also clearly demonstrates that the applicant has settled immigrant intent so one may have difficulty getting a NIV that requires nonimmigrant intent in the future even if the I-485 is denied.
For current I-485 processing times, please see the USCIS Processing Time Information website. Select the correct option from the Service Center drop-down menu (Nebraska or Texas) and click “Service Center Processing Dates.” Scroll down the Form column to “I-485” and go across to “Employment-based adjustment applications.” Continue across to the “Processing Cases As Of Date” column. USCIS is currently processing I-485 applications filed before the date listed.
Pros of Adjustment of Status
1. If the priority date is current and the applicant is otherwise eligible to file an I-485, one can file the I-485 before the I-140 is approved.
a. Filing the I-485 before the I-140 is approved may reduce the total green card application processing time because USCIS can start to work on the I-485 earlier.
2. The I-485 applicant can remain in the U.S. legally while I-485 is pending without a valid NIV status.
a. While one’s I-485 is pending, he/she can legally remain in the U.S. based on the pending I-485 even if he/she loses his/her NIV status.
b. PLEASE NOTE – if one does not have a valid NIV status and the I-485 is denied he/she would likely have to leave the U.S. immediately. He/she may then have difficulty getting a NIV that requires nonimmigrant intent to reenter the U.S. in the future due to his/her demonstrated immigrant intent.
3. The I-485 applicant can apply for an Employment Authorization Document (EAD) and Advance Parole Document (AP) to work/travel while the I-485 is pending.
a. All I-485 applicants (i.e., primary and derivative beneficiaries) can file an I-765 and I-131 with the I-485 to apply for an EAD and AP, respectively.
b. The EAD will allow one to work in the U.S. while the I-485 is pending.
i. The current average processing time for the I-765 is 4 months from the filing date and one can only use the I-485 EAD to work once it is received.
c. The AP will allow reenter the U.S. after international travel while the I-485 is pending without a valid NIV stamp.
i. The current average processing time for the I-131 is 4 months from the filing date and one can only use the I-485 AP to travel once it is received.
ii. Leaving the U.S. while an I-131 is pending will lead to an abandonment of the I-131 application.
iii. A valid AP does NOT guarantee entry to the U.S.
1. Entry is always up to the discretion of the U.S. Customs and Border Patrol agent.
iv. In general, all I-485 applicants are required to have a valid AP in order to travel outside the U.S. while the I-485 is pending.
1. Exception – certain applicants in H-1B, H-4, L-1, and L-2 status (see pages 4-5).
d. PLEASE NOTE – using the I-485 EAD to work or the AP to travel will invalidate one’s NIV status. If the I-485 is denied and one does not have a valid NIV status, he/she would likely have to leave the U.S. immediately. He/she may then have difficulty getting a NIV that requires nonimmigrant intent to reenter the U.S. in the future due to his/her demonstrated immigrant intent.
4. There is no set deadline by which one is required to file the I-485 after approval of the I-140 petition.
a. For the primary beneficiary to be eligible to file an I-485 based on the I-140, he/she must continue to be eligible for a green card under the I-140 petition category (i.e., EB1A, EB1B, NIW).
i. EB1A – must continue to be engaged in the same or similar field.
ii. EB1B – the offer of employment from the petitioning employer upon
which the I-140 was based must still be available.
iii. NIW – must continue to be engaged in the same field of endeavor and his/her work must continue to be of national importance.
5. Adjustment of status is generally the better option if the applicant has a pending asylum application.
a. By applying for asylum in the U.S., one is saying that he/she needs residence in the U.S. because he/she has been persecuted or fears persecution in his/her home country. Filing an I-485 allows one to apply for his/her green card in the U.S.