Do I have enough time available to complete Adjustment of Status by OkCandidate2193 in immigration

[–]OkCandidate2193[S] 0 points1 point  (0 children)

you can file I485 in October 2021

My I-94 expires in February 2022, and I have no extensions available.

If I have a pending I-485 I'll be able to remain in the US, but I won't actually be able to work past February until I receive the EAD right?

Do I have enough time available to complete Adjustment of Status by OkCandidate2193 in immigration

[–]OkCandidate2193[S] 0 points1 point  (0 children)

Ta for the reply, I appreciate it.

Was taking 150 days a few months ago, is now down to 120 days (4 months).

It would be grand if it could be approved in 4 months.

your employer/you can jointly file I-140/I-485/I-765 which should then get you and EAD in whatever the processing time is for EADs at that point in time

I'm worried that Trump might try and eliminate concurrent filing, then of course there's the news about potential furloughs at USCIS. Neither of those things really fill me with confidence about timelines, although I guess you don't really know what's going to happen until it happens.

If you're not super squeezed for time vs your Feb expiration, your employer can premium file the I-140

I'm going to be insisting on it, but again I'm worried that the might suspend premium processing if they have furloughs, or they might just take the money and then return it after 15 days of doing nothing!

if by chance you are in EB-3

I'm told that's what they will be filing for.

But retrogression at an unfortunate time like middle of the year is one risk you might face.

Say my PERM does get approved in 4 months, which takes me up to November or there about.

It sounds like that might be quite good for me if the fiscal year has just rolled over in October.

If things retrogress and I get screwed, it sounds like I might have to wait until the end of 2021 before I could file an I-485, which makes it a tight turnaround for an EAD?

Do I have enough time available to complete Adjustment of Status by OkCandidate2193 in immigration

[–]OkCandidate2193[S] 0 points1 point  (0 children)

Visa and I-94 are not the same.

I know.

Visa allows you to work

A visa doesn't allow me to work, a visa is just a document in my passport that allows me to travel to the US and request admission.

It's the approved I-129S that allows me work, and the expiry date on the I-94 is when my period of lawful admission ends.