I-485 Application to Adjust Status
This application is the final stage of the green card process. A scholar (and their dependents) become eligible to “adjust” from a non-immigrant to an immigrant status upon approval of the I-140. However, the Department of State visa bulletin determines your ability to file for your I-485 based on the priority date issued on your I-140. On this page, there are two different bulletins you might need to use (“Final Action Dates” and “Dates of Filing”). USCIS will determine which of these you should use every month, though the default bulletin is the “Final Action Dates” one.
It is important to understand that, during this part of the green card process, ISSS cannot be involved in advising as this is a personal application. While Georgia State petitions for a scholar’s eligibility, we cannot actively assist after the I-140 has been approved. It is highly recommended that you seek an immigration attorney to at least review your I-485, if not outright aid in constructing the application. Please note: Georgia State cannot pay for any of the fees, whether they be lawyer or USCIS filing fees, associated with the I-485 application.
Alternatively, a scholar could apply for an immigrant visa to be issued at a U.S. consulate abroad in lieu of an I-485. This process is not shorter but is an alternative to be considered with an immigration attorney.
Upon approval of the I-140, ISSS will assist in the completion of the I-485 Supplement J. This is an attestation by the employer that an employee is still working for us. Given the lengthy wait times for I-140 adjudication, USCIS requires that the employer and employee fill out this form together for the larger I-485 application. The only instance where this need not be filled out is if the I-140 and I-485 are being concurrently filed.
To assist ISSS in filling out the I-485 Supplement J, please go to iStart and look under “H-1B Employee Services”--> ”I-485 Supplemental Documentation"-->“I-485 Supplement J”.
While the I-485 is pending, ISSS does request that scholars sign in to iStart to upload the following to our I-485 Supplemental Documentation e-form (found under “H-1B Employee Services”-->”I-485 Supplemental Documentation”-->”I-485 Upload Form”):
- The I-485 Receipt Notice
- Any EAD cards/advanced parole received during the application process
- The green card itself
As listed above, in general, an EAD card is provided (free of charge if filed with the application) along with advanced parole, a travel authorization whose parameters should be discussed with an immigration attorney. Though the EAD card grants the ability to work anywhere they would like, ISSS always advises for the scholar to remain employed at GSU only while their application is pending. This ensures the continuation of any time left on H status in the case of a denial of their green card application.
Upon receipt of the green card, ISSS will withdraw the scholar’s H-1B petition from USCIS.