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The Disadvantages of Long and Unpredictable
Processing Time
of Form I-485 Adjustment of Status

Hi William,

My Form I-140 NIW application has been approved, and my Form I-485 application has been pending for more than one year. Due to the
unpredictable processing time of I-485, what are the disadvantages of longer time of I-485 adjustment of status?


The primary disadvantage of Form I-485 Adjustment of status in the past has been lengthy and unpredictable processing times. The longer processing times
of Form I-485 Adjustment of status may prejudice the ability to accept promotions, new positions in different occupations, or may cause dependent children to “age out.”

Under the terms of the Child Status Protection Act, the eligibility of permanent residence for children may continue after age 21, depending upon the particular facts and circumstances.

Filing the Form I-485 application enables the alien employee and dependents to concurrently file applications for Employment Authorization Document (EAD or Form I-765), and Advance Parole travel authorization (AP or I-131). Despite these independent bases for work and travel authorization, it is recommended that 
Form I-485 applicants maintain their underlying nonimmigrant status.

The USCIS operates two Service Centers that decide
Form I-485 adjustment of status cases. The Nebraska Service Center and the Texas Service Center are the two centers that decide Employment-Based adjustment of status cases. Each Service Center has its own processing time for I-485 application cases. If the USCIS denies Form I-485 adjustment of status and the applicant otherwise holds valid nonimmigrant status (such as H-1B or L-1), it is usually possible to revert back to that nonimmigrant status.

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