Adjustment of Status

H1B Renewal While Adjustment of Status is Pending

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I am now in an H1B status and it will expire in a month. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I also have an EAD card which is valid for another 9 months and I know I can extend it. Do I still need to extend my H1B visa?

It is likely in your best interest to extend your H1B unless you have already used your EAD to work for a different employer. If, for some reason, your I485 is denied, it is good to have your H1B as a backup. Otherwise you would be out of status if the I485 were denied.

I-360 for a Widow of Permanent Resident

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My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently and I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad. I was told that my AOS application was denied since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower. Is this the correct route to follow?

No, widow self-petitions are only available for spouses of US citizens. We may be able to get your I-130 reinstated and appeal the adjustment denial. If you need our assistance, please feel free to call our office at 305-515-0613 or email us at info@messersmithlaw.com.

I-485 Approvals Before Priority Date is Current According to Latest Visa Bulletin

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In the past couple months, we have been seeing some client obtain I-485 approvals where their priority date is not current.  This is contrary to the law and may lead to a future revocation.  The USCIS Service Centers are willing to allow an informal application to rescind the approval and allow the person to retain their pending I-485, along with any approved work or travel authorizations.  Failure to take action in this instance may preclude future immigration benefits such as naturalization and may cause the applicant to lose his or her place in the immigrant visa queue.