Questions and Answers Adjustment Filings
When will a receipt notice be issued on my newly filed adjustment application (filed on or after July 1, 2007)?
USCIS has announced that, due to volume, they may not be able to issue receipt notices on all filed cases until October.
Do I need to extend my underlying H or L status?
Yes, until you receive work and travel permission, you will need to renew your underlying H or L visa.
How long does it take for USCIS to issue work permission and travel permission (advance parole)?
It normally, takes 90 days. But, in this instance because of the volume of applications received, it may take 6 months or more.
Will my work and travel permission expire at the same time?
No. Even if your work and travel applications are filed together, they may be issued at different times and expire at different times.
Will the work and travel permits for family members expire at the same time as mine?
No. Even if your applications are all filed together, they may be adjudicated at different times and expire at different times.
How long will my work and travel permits be valid?
One year.
Will I need to renew my L or H visa once I have work permission?
This is really up to you and your employer. You can work and travel on the H-1B, H-4, L-1A, L- 1B, or L-2 visas while your adjustment of status application is pending without the need for work or travel permission. However, if you work outside of your visa (work for another employer, get paid less then you were supposed to be paid,work in a different position or different location) you will need to renew your work and travel permission as these are the documents which keep you legally in the United States and permit you to travel back to the United States once you depart the United States.
When should I renew my work and travel permission?
4 months before it expires.
If I have any other type of visa beside those mentioned above in question 4, will I be able to travel without a travel permit?
No. You will not.
Will my attorney automatically know to extend my work and travel permit or my visa?
No. The attorney does not always get notice that your work and/or travel permit were issued. Each member of the family may have a different expiration date. Some members of a family may want the documents renewed, others may not. You and your company must make this decision together. Some companies choose not to renew visas once the adjustment application is filed. Other companies always extend visas when the adjustment application is pending.
What factors should I consider in determining whether or not to renew my H or L visa?
a) If you travel internationally frequently, you will most likely need to renew your H or L visa, as the travel permit will require “secondary inspection” every time you reenter the United States.
b) If you are working or intend to work outside the terms of your H or L visa, you will need to renew work and travel permission.
c) Any H-4 who obtains employment will need to renew work and travel permission.
d) Any H-4, whose spouse works outside of his or her H, will need to enter on advance parole, as the underlying H for the principal is invalidated.
e) Any L-2, whose spouse or parent works outside of his or her L, will need to enter on advance parole as the underlying L for the principal is invalidated.
f) If you fear that your residence application is likely to be denied, it is wise to renew your H or L visa.
When will I receive residence?
There is no telling. Just like the priority dates sudden advancement in June of 2007, they are expected to suddenly retrogress and it can be many years before your residence is actually granted.
Will I have to renew work and travel permission or my H or L visa during the entire time my residence application is pending?
Yes, if you need to work in the U.S. or travel during this time.
What is the next step?
USCIS will issue fingerprint notices for you and family members over the age of 14. We cannot predict when these will be issued. We cannot schedule these appointments. If you receive your appointment at an inconvenient time, our experience is that if you go immediately preceding or immediately after the scheduled appointment, USCIS will honor the appointment. If you do not go at all, your application will be deemed abandoned.
What happens if I change my address?
You must notify us and complete from AR11. This form is available on the USCIS website and you will receive confirmation, if you submit it electronically, that you filed it. Maintain this confirmation. Even if you file your change of address, there is no guarantee that USCIS will send a document to your new address. This is a problem within the agency.
Can I speed up the residence process?
No. Premium processing was only available on the filing of visa petitions until late June of 2007. It has been temporarily suspended; but even if you premium process the visa petition, it will not expedite the processing of your residence.
Tammy Fox-Isicoff, Esq. - Larry S. Rifkin, Esq.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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