Adjustment of Status
The Adjustment of Status Application (I-485) is the international employee's personal application for the U.S. green card. Georgia College is not allowed to process or file these cases. We can refer the international employee to an immigration attorney for assistance if he or she chooses to use their own legal counsel.
Once the I-140 is approved and a visa number becomes available, the applicant can submit the I-485 packet to the USCIS if he/she was unable to file concurrently. There are additional forms and fees associated with the I-485 packet for which the applicant will be responsible. These include requests for employment authorization and travel documents. These additional forms are not always necessary for applicants who are already in an approved H-1B status. They are, however, necessary for employees whose H-1B status will expire while the I-485 is pending or whose dependents wish to gain employment authorization.
IMPORTANT: The I-140 approval does not by itself change the applicant’s legal status. It is imperative that the applicant maintain current non-immigrant visa status until they are granted Permanent Residency. There are special laws in place that allow for extensions of H-1B status beyond the 6 year limit where the employee is in the permanent residency process.
Once USCIS approves the I-485, a Permanent Residency Card (green card) will be mailed to the applicant. It is imperative that the employee contact the Office of Legal Affairs once they have received the permanent residency card so that their immigration file can be properly closed and their I-9 Employment Authorization revalidated.
General Instructions for Personal "Adjustment of Status" Application (pdf)
USCIS Information on Adjustment of Status
I-485, Application to Register Permanent Residence or Adjust Status