Knowing how to withdraw or cancel a USCIS pending application, such as a change of status, that is still being reviewed becomes important when things in your life change, such as finding a new job or encountering unexpected events. If your application is still under process and hasn't been approved or denied by USCIS, you can cancel or withdraw it by writing a formal letter to USCIS. There is no specific USCIS form for requesting withdrawal. The first thing to do when withdrawing your USCIS application is to write a formal letter to USCIS. The withdrawal letter should have your pending case receipt number, full name, date of birth, I-94 details, current address, and a clear reason to withdraw your application. Remember to sign the letter in original, and it's a good idea to keep a copy before sending it to USCIS. Table of Contents: USCIS Withdraw Application Letter Example USCIS Withdraw Application Letter How to Write a USCIS Withdrawal Application Letter Where to Send Withdrawal Letter to USCIS Step-by-Step Guide to USCIS Application Withdrawal USCIS Withdraw Application Online Withdrawal Letter USCIS Processing Time FAQs on USCIS Withdraw Application Letter Example USCIS Withdraw Application Letter [Date] [Texas Service Center] Subject: Request for Withdrawal of [I-539 Application] - [Your Full Name], [Case Number] I am writing to formally request the withdrawal of my pending immigration application with USCIS. I appreciate the attention and consideration given to my case so far. Reason: [Briefly explain the reason for withdrawal, such as a change in personal circumstances, job opportunity, etc. for example, My H1B transfer has been approved so I do not need a change of status.] Here are the details related to my pending application: Receipt Number: [Your Pending USCIS Case Number] Receipt Date: [MM/DD/YYYY as Your Receipt Notice] Passport Number: [Enter Your Passport Number] Full Name: [Enter Your Name] Date of Birth: [Your Date of Birth] I-94 Number: [Enter Your Latest I-94 Number] Current Immigration Status: [e.g., H1B, F1, etc.] Contact Details: [Email, and Phone Number] Current Address: [Your Current Address] Beneficiary's Name (if applicable): [Full Name of any Dependents Included] I have signed this letter in the original, as I understand that an original signature is required for this withdrawal request. I appreciate your understanding and assistance in this matter. If there are any specific forms or procedures required for this withdrawal, please let me know. Thank you for your attention to this matter, and I look forward to receiving confirmation of the withdrawal. Sincerely, [Your Full Name (Original Signature)] [Typed Full Name] How to Write a USCIS Withdrawal Application Letter If you want to write the USCIS withdrawal application letter yourself, you should include the following details for a smooth application withdrawal process: Personal Details: Include your full name, date of birth, passport number, and I-94 number. Pending Application Details: Provide your pending case number (USCIS receipt number), current immigration status (e.g., H1B, F1, etc.), the purpose of the application, and beneficiary's name (dependents name if applicable). Contact Information: Share your email address, phone number, and current residential address. Reason for Withdrawal: Clearly state the reason for withdrawing the application, such as a change in personal circumstances or a new job opportunity. Request for Withdrawal: Explicitly express your request to withdraw the application. Sign and Date: Remember to sign and date the letter (in original). Keep a Copy: Maintain a duplicate of the withdrawal letter for your records and documentation. Sending Method: Send the withdrawal letter preferably via USPS, FedEx, or UPS. Where to Send Withdrawal Letter to USCIS Please forward your withdrawal letter to the same USCIS service center where you initially submitted your application. You can find the address listed on the USCIS website for the most current information. For example, For I-539 applications For I-765 applications For I-130 applications Step-by-Step Guide to USCIS Application Withdrawal Identify USCIS Center: Determine the specific USCIS service center or NVC where you submitted your application. Draft Withdrawal Letter: Write a formal withdrawal letter stating your intention, including your details and the reason. Refer to the template provided earlier. Sign and Make a Copy: Sign the letter and keep a copy for your records. Mail Certified with Tracking: Send the letter and documents via certified mail with tracking to the USCIS center. It's good to include your USCIS case status number on the outside of the envelope. Monitor Online Case Status: Regularly check the USCIS case status portal for updates. Follow Up If Needed: Contact USCIS if confirmation is not received within a reasonable timeframe. The toll-free number is 800-375-5283 (TTY 800-767-1833, VRS 877-709-5797). Hours of operation are Monday to Friday, 8 am to 8 pm Eastern. USCIS Withdraw Application Online There is no online method to cancel or withdraw your USCIS application. You must write a formal letter to USCIS to withdraw your case and send it to the same mailing address where you submitted your initial application. Withdrawal Letter USCIS Processing Time The processing time for a USCIS withdrawal letter is not explicitly specified by USCIS because the withdrawal process itself doesn't involve a standard processing time, unlike other applications or petitions. However, in general, USCIS typically takes some action within 1 to 3 months. It's advisable to regularly check the case status online and contact the USCIS service center for follow-up after 30 days of applying. FAQs on USCIS Withdraw Application Letter Can I withdraw the pending change of status application? Yes, you can withdraw the pending change of status application by writing a formal letter to USCIS. Make sure you maintain a valid status in the US after your application is canceled or withdrawn. 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After college, I was very excited to begin work and gain some work experience in the US. However, I soon realized that I needed to apply for an Employment Authorization Document (EAD) card to work in the US. This is when I first encountered the I-765 form online. Related: Work authorization for L2 visa I thought filling out the I-765 form online would be hard because I'd never done it before. But honestly, it's quite simple. Just know that not all visa categories can use the online I-765 filing. I'm sharing my experience based on an F1 visa. When I searched online to find out who could use the I-765 form online, the search results were confusing. The information kept saying all categories were eligible for online filing, and it mainly showed the process for mailing the I-765 form. This led me to write this article specifically about the I-765 online process. Thank you Dataneb team for publishing this content. Table of Contents: I-765 Online Who can File I-765 Online? How to File I-765 Online? I-765 Online Filing Fee I-765 Processing Time I-765 Premium Processing Steps to File I-765 Online I-765 EAD Renewal Online FAQs on I-765 Online Who can File I-765 Online? Only the following I-765 categories are eligible to apply for an EAD through the online process, and you will also see this list when you begin filling out the I-765 application online. (a)(12) – Temporary Protected Status (You are submitting an initial Form I-821 or you have an approved Form I-821); (c)(3)(A) – F-1 student, pre-completion OPT; (c)(3)(B) – F-1 student, post-completion OPT; (c)(3)(C) – F-1 student, 24-month extension for STEM students (students holding a degree in science, technology, engineering, or mathematics); (c)(8) – Applicants for Asylum under the ABC Settlement Agreement; (c)(8) – Application for Employment Authorization Based on Pending Form I-589, Application for Asylum or for Withholding of Removal; (c)(11) – Parole; (c)(19) – Temporary Protected Status (You have a pending Form I-821); or (c)(33) – Consideration of Deferred Action for Childhood Arrivals (DACA) (You must have a pending or approved Form I-821D to file Form I-765). USCIS may add new categories in the future for those who can file online. Refer to this USCIS link for the latest information. Note that the following I-765 categories are not eligible for filing I-765 online as of Feb 2024. However, they can file on paper. (a)(18) – Spouse of L1 visa holder. See how to file? (c)(26) – Spouse of H1-B visa holder with approved I-140. See how to file? (c)(5) – J-2 spouse or child of J-1 exchange visitor. See how to file? How to File I-765 Online? These are the high-level steps you need to follow to file the I-765 form online. After creating an online account on USCIS and selecting the I-765 form, the USCIS website will automatically guide you through each step in detail. Create an account with USCIS by visiting myUSCIS > My Account > File a form online. From the drop-down menu, select form I-765, Application for Employment Authorization. The online I-765 form is no different from the physical form. It asks you for the same set of information. However, you can save your progress and resume it anytime. The online form is saved for 30 days. Do not submit duplicate applications i.e. one via physical mail and another online, in this case, your application might get denied. Complete the form and hit the button "Review and submit". After you submit your I-765 online application, you can track your case online with the case number generated. Respond to RFE (Request for Further Evidence, if any): You can do this online by submitting the necessary documents. No need to send it via physical mail. Receive your final decision from USCIS. I-765 Online Filing Fee The filing fee for the I-765 form online is $410. However, it's not required for some categories, and you may be eligible to request a fee waiver. Check the details here. After completing the I-765 form online, you'll need to digitally sign the application and pay the filing fee of $410. You can make the online payment using a credit card, debit card, or directly from a checking/savings account. After clicking 'Pay and submit,' you'll be directed to pay.gov to complete the payment process. Do not click the Back or Refresh button on your browser. If you are not ready to proceed with the payment, click the Cancel button to return to the USCIS online portal. Note that the USCIS filing fee is non-refundable. I-765 Processing Time The processing time for an I-765 application is between 3 to 6 months and it can vary depending on several factors, including the category under which you have applied, the USCIS service center (California, Potomac, Vermont, National Benefits Center, Nebraska & Texas) where your application was sent, and any processing delays or issues that may arise during the review process. I-765 processing time is the same whether you apply online or via mail. However, the estimated processing time range for I-765 applications: For F-1 students: 2 to 4 months For spouses of H-1B visa holders: 3 to 6 months For spouses of L-1 visa holders: EAD is not needed In general, USCIS provides an estimated processing time range for I-765 applications on its website, which is regularly updated. You can find processing time here. I-765 Premium Processing I-765 premium processing is a service from USCIS that makes the processing of the I-765 form faster. If you're an F1 applicant, you can use this service by paying an extra $1500. USCIS guarantees to process the form within 30 days if you choose this option. You can request premium processing online or by physical mail, even if you initially filed I-765 online. If they don't meet this deadline, they refund the extra fee but still process your application quickly. Remember, this extra fee is separate from the regular one, and you won't get it back, no matter what happens with your application. It's important to note that premium processing is not available for all categories of I-765 applicants. Since March 2023, premium processing has been applicable for F-1 OPT & STEM OPT. For more details, refer to this USCIS link. Additionally, you can consult the I-907 form, which is used to request premium processing. Refer to the following blog. Related: How to request premium processing? Steps to File I-765 Online Below are the steps to file Form I-765 online: Step 1: Create an online account with USCIS. To file Form I-765 online, you will need to create an account with the USCIS. Step 2: Complete form I-765. You will be prompted to answer a series of questions and provide details about your background, your eligibility for employment authorization, and your current immigration status, similar to the physical I-765 form. Step 3: Upload supporting documents online. Step 4: Pay the application fee of $410. You can pay the application fee using a credit card or debit card. The current fee for Form I-765 is $410, although this amount may be subject to change. Step 5: Submit your application. After you have completed Form I-765, uploaded your supporting documents, and paid the application fee, you will need to review your application and submit it online. USCIS will send you a confirmation receipt once they receive your application. Step 6: Wait for USCIS to process your application. I-765 EAD Renewal Online The I-765 online form is applicable for both initial applications and renewals of an Employment Authorization Document (EAD). When renewing an EAD, you need to submit a new I-765 form before your current EAD expires. The renewal process mirrors the initial application process. To avoid a gap in employment authorization, USCIS recommends submitting the renewal application at least 180 days before the current EAD expires. Keep in mind that you cannot file for renewal more than 180 days before the current EAD expiration date. I hope you find this blog helpful. Please comment if you have any questions and I would be happy to help. FAQs on I-765 Online Can H4 EAD be filed online? No, the c(26) category which is used to file H4 EAD is not eligible to file online. Next: Change of Status to B2 Related Posts ✔ Go to Main Menu ✔ How to apply for B2 visa for parents ✔ Indian Passport Renewal ✔ How to apply for an OCI card Related Topics

In this blog, I'll go over typical B1/B2 visa interview questions and provide easy-to-understand answers to help Indian parents have a better chance of getting their B1/B2 tourist visa approved. It's important to answer B1/B2 visa interview questions honestly, I repeat, HONESTLY, for a successful B1/B2 visa approval. If you're unsure, it's okay to admit you don't know, but honesty is key—avoid LYING. Table of Contents: B1/B2 Visa Interview Questions for Parents Interview question topics Interview questions for parents Purpose of visit Length of stay, accommodation, and finances About your child About you Ties to home country FAQs B1/B2 Visa Interview Questions for Parents will Cover Purpose of Visit: Reasons for the trip, such as tourism, visiting friends or family, or medical treatment. Length of Stay and Accommodation: Your intended length of stay and your accommodation arrangements in the US. Financial Situation: Questions about your financial stability to cover expenses during your visit. About your [son/daughter]: Questions about your children, including their job, visa, education, contact details, address, salary, etc. About you: The officer may ask about your job, salary, property, relatives, children, bank account, credit card, health insurance, criminal history, and overall financial situation. Ties to Home Country: Questions to understand your strong connections to your home country and reasons to return after visiting the US. Related: B2 visa length of stay B1 and B2 Visa Interview Questions for Parents The B1/B2 visa interview questions and answers given here might be different for each parent based on their situation, but these would give them a general understanding. PURPOSE OF VISIT Question: Why are you going to the US? Answer: I'm going to see my [son/daughter] and tour the US. Question: Why choose to visit the US instead of other places like Dubai or Abu Dhabi? Answer: There are many more beautiful places to explore in the US. Question: What places do you want to visit in the US? Answer: Answer honestly. Places like New York City, Yellowstone, the Grand Canyon, Las Vegas, etc. are among the most popular tourist attractions in the US. Question: Which states you would be visiting? Answer: I will be visiting _____. Question: What are your plans during your stay in the US? Answer: I plan to spend quality time with my [son/daughter] during my stay, and explore the country whenever we have the opportunity. Question: Will you work in the US? Answer: No. [remember that you are NOT allowed to work on a tourist visa]. Question: Have you visited the US before? Answer: Yes/No. If yes, the officer might ask you for details about the previous visit. Question: Why have you chosen to travel during this time? Answer: There could be several different reasons, here are a few examples: I got the time off from work during this time. Our [son/daughter] has arranged for leave during this period. The weather is good at this time and it will be good for our tour. I wanted to attend an event during this time, etc. Question: Why haven't you visited them before? Answer: There could be several different reasons, here are a few examples: I had very limited time due to work; now that I am retired, we plan to visit them and tour the US. My [son/daughter] needed time to settle down in the US, and now we believe it's the right time to visit. Note: Please don't say it's because they weren't coming to India; we decided to visit them. LENGTH OF STAY, ACCOMMODATION & FINANCES Question: When do you plan to visit the US, where will you stay, and how long do you intend to stay? Answer: I am planning to visit in [month] and I will stay with my [son/daughter] for ______ months. Question: Why do you wish to stay for so long (6+ months)? Answer: I wish to stay for an extended period to maximize my time with my [son/daughter] and involve myself in the U.S. culture. However, if the visa is granted for a shorter period, I am open to adjusting my plans and shortening the trip accordingly. Question: Can you stay for a shorter period? Answer: Yes, I am open to staying for a shorter period. Question: How much do you think will it cost you to stay in the USA? Answer: I think It would cost between $100 to $300 per day. My [son/daughter] will make the arrangements. Question: Who is paying/sponsoring for your US trip? Answer: My son/daughter is taking care of all the expenses. Only if asked, show a copy of their latest bank statement for proof of funds. Question: Have you been to any other country before? Answer: No or Yes, I have been to [name of the country/countries] before. If you have visited other countries, the officer might ask you about when, why, and how long you stayed in that country. Question: How many bank accounts/ credit cards do you have? Answer: Answer honestly. Question: Have you booked your tickets yet? Answer: No, my son/daughter will book the ticket after visa approval. Question: Do you have any medical condition? Answer: Answer honestly if you have any medical condition. Question: Do you have medical insurance? Answer: No, but my son/daughter will purchase medical insurance before the visit. Question: What is your intended date of departure from the USA? Answer: I will be departing in the month of _____. ABOUT YOUR CHILD Question: Where does your [son/daughter] live in the US? Do you have their contact? Answer: He/she lives in [state/city]. Their contact number is [+1 123456789]. If asked, be ready to provide their complete address. Question: What visa does your [son/daughter] have? Answer: He/she has a [Green Card/ H1B visa etc.]. Question: Which visa did your [son/daughter] use for their initial entry into the US? Answer: Answer honestly. Question: What does your child do in the US? Answer: He/she working as a _____ at _____ Company for _____ years. Question: Did your [son/daughter] study in the US? Answer: If yes, the officer might inquire about their degree, university, and graduation year. Question: How much do they earn? Answer: They make $_____ per year. Only if asked, show a copy of their last 3 months of salary slip. Question: How long has your [son/daughter] been in the US? Answer: He has been in the US for _____ years. Question: Is your [son/daughter] married, if yes when did they marry? Do they have kids? Answer: Answer honestly. Question: When was the last time your son/daughter visited India? Answer: Answer honestly. Question: What is your [son/daughter]'s date of birth? Answer: Answer honestly. ABOUT YOU Question: Have you ever been denied a visa for any country, including the USA? Answer: Yes or no. Be prepared to provide details if the officer asks. Question: What kind of education do you have? Answer: Answer honestly. I did _____ in year _____ from _____ university. Question: What is your occupation or what do you do for a living? Answer: I am _____. Tip: Be straightforward and accurately describe your occupation. Question: What is your monthly income? Answer: [If you are working] My income is Rs._____ per month. Question: Do you pay income tax in India, if yes how much? Answer: Answer honestly. Question: How much pension you get? Answer: [If you are retired] Answer honestly. Question: How many children do you have, and where are they currently located? Can you share information about their occupations, and are any of them married? Answer: Answer honestly. Question: Where do you live? Answer: Tell your current address that you filled in the DS-160 application. Question: Do you have any family members or friends living in the USA? Answer: Yes/ No. The officer might ask further where they live [state/city], details about their immigration status, work status, and their relationship to you. Question: Why are you traveling alone? Answer: Answer honestly, there could be various reasons such as: I am single/ widow/ widower. My partner did not get time off from work. My partner has plans to visit later in the month of _____ TIES TO HOME COUNTRY Question: Do you have any property in India or any other asset? Answer: Answer honestly. Question: Who will look after your property in India while you're away? Answer: I've made arrangements with my relatives and renters to take care of the property during my absence. Question: What is the assurance that you will come back? Answer: I have a job, family, and property here in India, so I will return. Question: Do you have relatives in India? Answer: Yes, I have relatives in India. [Briefly mention who your relatives are]. FAQs on B1/B2 Visa Interview Questions for Parents Can my parents interview in Hindi? Yes, you have the option to interview in Hindi. How to select a language for a US visa Interview? You need to indicate your preferred interview language as Hindi when scheduling the visa interview. Can I change the visa interview language after payment? During your interview day, you can express your language preference at the intake window. If possible, an interpreter will then support you during your discussion with the officer. Can they interview together? Yes, generally they are allowed to interview together. However, the officer might ask questions to both of the parents. How to get a translator for the US visa interview in India? On the day of the interview, request a translator at the intake window if no language appointments are available. How to prepare parents for B1/B2 visa interview? At least go through the interview question examples mentioned above once. Whenever you talk to your children over the phone (who are in the US) before your visit, frequently discuss about their job history, current and past visa statuses, and where they live. This will help you prepare for the interview. It's better if children brief their parents before their B1/B2 visa interview. It's good to brief them over some period of time rather than giving them a lot of information in one day. They are older and may need more time to digest the facts. Be confident when attending the interview. Make eye contact, dress up properly, smile, and greet. Listen to the questions carefully. If you can't understand, there is no harm in requesting the interviewer to repeat the question. Arrive at the visa interview center at least 30 minutes before your scheduled time so that you don't need to rush. If your parents are traveling a long distance for their visa interview, it's a good idea to book a hotel near the visa interview center. 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J1 Visa Waiver (India): I am a post-doctoral research scientist with the University of California, Riverside and I have gone through the J1 visa waiver process (212e waiver). I am sharing my experience with everyone, which I believe would help others obtain a J1 waiver quickly. I referred to several blogs and videos about how to obtain a J1 visa waiver which was very time-consuming. The whole J1 visa waiver NORI procedure is tedious and a lot of people don’t know how the process is. To reduce the complexity, I have divided the whole process into 3 stages, I will refer to them as NORI stages: J1 Waiver: Stage 1 J1 Waiver: Stage 2 J1 Waiver: Stage 3 Before I begin I would like to clarify that these J1 visa waiver steps might change in the future or slightly differ for you based on your location within the United States. I applied it from the Consulate Journal of India, San Francisco, California as I live in Riverside, CA. However, the overall J1 visa waiver application process should not vary much. Table of Contents: J1 Waiver (India) What is a J1 visa waiver? How to know if you are subjected to "2-year home residency requirement proof"? J1 waiver processing time - When should you apply for a J1 visa waiver? J1 visa waiver - Where should you apply? FAQs What is a J1 waiver? A J1 visa is a non-immigrant visa granted to individuals who want to participate in the exchange visitors program in the United States. Related: How long can I stay after my J1 visa expires? Some individuals will be subject to a 2-year home country physical presence requirement under which the applicant has to go back to their home country and serve for a minimum of 2 years. To waive off this J1 visa two-year rule, you need to obtain a J1 waiver. Am I subject to the J1 two-year rule? To check if you are subject to the J1 two-year rule, please check either your J1 visa stamp or your DS-2019 form, as either of them may indicate the 212(e) rule. J1 Visa Stamp: Check the bottom of your J1 visa; it should indicate "Bearer is subject to section 212(e), Two-year home residency rule does apply". DS-2019: If you do not find this information on your J1 visa stamp, please review your DS-2019 form. In my case, the information was not on my DS 2019; it was included on my J1 visa stamp. Refer to the DS 2019 screenshot; you may notice a checkmark on option 2, which states 'Subject to two-year residence requirement'. Not mentioned on DS-2019 or J1 Visa: If you don't find it on the DS-2019 form or J1 visa stamp, please contact your ISS and check if you need a waiver. In most cases, you would need a J1 waiver. I have seen examples where people didn't have the two-year rule mentioned on the visa or DS-2019, but they still had to apply for it later J1 Waiver Processing Time The processing time for a J1 waiver is typically 1-2 years. You can apply for a J1 visa waiver at any time; there's no specific restriction. However, it's advisable to apply once you have received a DS-2019 extension for the entire possible term, which is usually up to 5 years. As mentioned earlier, there are three stages to obtain a J1 visa waiver, and the overall processing time is 1-2 years, possibly less for some, depending on how quickly you can secure a no-objection statement from your home country. Related: J1 Waiver Attorney I recommend completing the first two stages of the J1 visa waiver process after you have spent three years on your J1 visa. Apply for the third and final stage once you receive the full 5-year extension on your J1 visa. This suggestion is important because if the third stage of the J1 visa waiver is approved, you won't be able to extend your J1 visa or DS2019 any further. Therefore, it's advisable to apply for the third stage only after obtaining the entire 5 years of extension on your visa. Some universities and institutes issue the initial DS-2019 with a complete 5-year period, while others provide yearly extensions, and some offer two or three-year extensions. Your decision should be based on your situation. If you have any doubts, feel free to post your query in the comment section below, and I will be happy to assist you. Related: How to apply for J2 EAD? Where to apply for a J1 waiver? Please refer to the following links to determine which Consulate General of India (CGI) office covers your jurisdiction. I have also compiled the embassy's contact details, jurisdictions, social media pages, and email addresses, which you may find useful not only for the J1 visa waiver but also for general inquiries. Washington DC Chicago New York San Francisco Houston Atlanta I went in person to the Consulate General of India, in San Francisco. However, you can apply in person or send it via mail. FAQs on J1 Visa Waiver Can I expedite the J1 waiver? Yes, you can expedite the J1 visa waiver process at certain stages. I know a few of my friends successfully did it and I have documented their experiences in detail. I did not expedite it as I had sufficient time to get the J1 visa waiver. Read more. What is the next step after getting a J1 waiver favorable recommendation? A J1 waiver favorable recommendation means that the DOS is in favor of granting you the J1 visa waiver and your case will be transferred to U.S. Citizenship and Immigration Services (USCIS) and they will make the final decision on your case. You will be notified by the DOS that your case has been forwarded to USCIS by a letter that you will get through the mail. In my case, I received this letter very late like after 2 months and I was not even expecting it since I didn't know about it. Read more. What should I mention in the J1 waiver statement of reason? There could be several ways you can write a statement of the reason for a J1 visa waiver. When I applied for the J1 visa waiver, I included the basis for seeking a J1 visa waiver as more time was required for my ongoing research work at that time. I also wrote an article on this where I shared a few examples including mine. Read more. When should I apply for a J1 visa waiver? You should complete the first 2 stages when you have completed 3 years on your J1 visa and apply for stage 3 once you receive the full 5 years of extension on your J1 visa. Do I need a lawyer for the J1 visa waiver? This opinion might vary from individual to individual, I would say it's not needed but if you wanna hire one there is no issue with that. I would recommend you read this blog before you take any decision. Several people asked me this question, hence I had to write this in detail. Read more. Is the J1 two-year rule cumulative? Yes, the J1 two-year rule is cumulative which means that you must fulfill two year home country requirement for a cumulative total period of at least two years. You can find complete details below. Where should I send the J1 waiver Stage 1 documents? Different embassies cover different states. Check which embassy to send your documents based on where you live. You can find the list of states for each consulate here. 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This page offers details on the current Green Card Priority Date for India across EB1, EB2, EB3, EB4, and EB5 categories. If you were born in India and your priority date on the I-797 notice for the I-140 application is earlier than the current date mentioned below, then your I-485 application is ready to proceed to the final step of the Green Card process. The U.S. Department of State releases a monthly visa bulletin, and the dates presented here reflect the regularly updated 'Date for Filing' and 'Final Action Date' per visa bulletin. Please bookmark ⭐ this page for future reference. Last updated: Based on the May 2024 Visa Bulletin published by the US Department of State. Priority Date India: Key Points Typically, USCIS opts for 'Dates for Filing' to accept I-485 applications. Dates for Filing: These are earlier dates, compared to the Final Action Date, that allow applicants to start the I-485 application process before their priority date becomes current according to the Final Action Date. Final Action Date: Indicates when green cards can be issued based on the priority date of the immigrant petition. The significance of this increases if USCIS determines to follow the 'Final Action Date' for I-485 processing. FAQs on Green Card Priority Date India What is an Employment-based (EB) Green Card? An employment-based green card, officially known as an employment-based immigrant visa or EB visa, allows foreign nationals to live and work permanently in the United States. These green cards are typically obtained through employer-sponsored immigration processes. There are several preference categories (EB-1, EB-2, EB-3, EB-4, and EB-5), each with its eligibility criteria and requirements. EB1 Green Card (Priority Workers) This category is for individuals with extraordinary ability in their field (such as outstanding researchers, professors, multinational executives, managers, or individuals with exceptional abilities in the arts, sciences, education, business, or athletics). 28.6% of the worldwide employment-based preference level, plus any numbers not required for EB4 and EB5 preferences. EB2 Green Card (Advanced Degrees and Exceptional Ability) This category includes professionals with advanced degrees (or their equivalent) and individuals with exceptional ability in their field. Generally, a job offer and a labor certification are required, unless the individual qualifies for a National Interest Waiver (NIW). 28.6% of the worldwide employment-based preference level, plus any numbers not required by EB1 preference. Related: J1 visa to green card EB3 Green Card (Skilled Workers, Professionals, and Other Workers) This category includes skilled workers (positions requiring at least two years of training or experience), professionals with a bachelor's degree, and other workers with less than two years of experience. Labor certification is generally required, and the employer must demonstrate that qualified U.S. workers are not available for the position. 28.6% of the worldwide level, plus any numbers not required by EB1 and EB2 preferences, not more than 10,000 of which to "*Other Workers". EB4 Green Card (Special Immigrants) This category is for special immigrants, including religious workers, employees of certain international organizations, and certain individuals who have worked for the U.S. government abroad. 7.1% of the worldwide level. EB5 Green Card (Investors) This category is for immigrant investors who make a qualifying investment in a new commercial enterprise that creates jobs in the US. The investment amount and job creation requirements vary depending on the location of the investment (Regional Center Program or Direct Investment). 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants. What is the Green Card Priority Date? When you submit an immigration petition or green card I-140 application, USCIS assigns a date to your submission. This date is known as your priority date. You can find this date on the I-797 receipt/approval notice. Note that the received date and priority date are two different things. The priority date is essential because it determines your place in line for green card processing. For example, if you're applying for an employment-based green card, there might be a limited number of green cards available each year. Your priority date establishes when you expressed your intent to immigrate, and it helps determine when you'll be eligible to move forward in the immigration process. The government processes cases in the order of their priority dates, with earlier dates getting priority. Related: How to apply for H4 EAD? Dates of Filing vs Final Action Date The "Final Action Date" is a term used by the U.S. Department of State, specifically in the visa bulletin chart which is published every month. In simple terms, the final action date is the cutoff date that determines when immigrant visas (green cards) can be finally issued to the applicants. How it works? Priority Date: When you submit a green card I-140 application, a priority date is assigned. This date signifies when you expressed your intent to immigrate. Dates for Filing: Applicants can file the I-485 application when their priority date is current according to the Dates for Filing. This provides you with an earlier opportunity to begin the I-485 process. Final Action Date: The Visa Bulletin contains charts with final action dates for different categories and countries. These dates are essentially waiting periods. If your priority date is earlier than the final action date listed in the Visa Bulletin for your category and country, it means that a visa is available, and you can proceed with the final steps of your immigration process. Every month, USCIS determines which date to follow. Most of the time, they go with the "Dates for Filing." How much time after the priority date is current? You have one year after your priority date becomes current to proceed with the next steps in the green card application process. If you don't apply within this timeframe, it may be perceived as though you have opted not to pursue the green card, and the next person in the queue may be given the opportunity. Therefore, it is advisable to regularly check for updates on the current green card priority date. My priority date is current now what? Once your priority date is current, that means your wait time is over, and you can move forward with the next steps in the green card application process. Depending on your current address and eligibility for adjustment of status or consular processing, you will be filing one of the following: USCIS processing (I-485), also called adjustment of status NVC processing (DS-260), also called consular processing Related: How can I expedite my I-485 application? Once the priority date becomes current how long to get a green card? For employment-based green cards (adjustment of status or consular processing), the processing time for 80% of cases is between 9 and 12 months. How long to get a green card under EB2 or EB3 category (India)? About 13 to 16 years. There are multiple steps involved in green card processing, and the processing time for each step can fluctuate depending on several factors. Here is a rough timeline you can expect: PERM: ~ 6 to 9 months Form I-140: ~ 6 to 9 months (without premium processing) Wait time for priority date ~ 10 to 13 years USCIS/ NVC processing ~ 9 to 12 months Next: Green Card v/s Citizenship Related Posts ✔ How to expedite H4 EAD? ✔ How to apply for a minor's passport Related Topics

Usually, if someone from India wants to visit the USA for tourism, they need to obtain a US tourist visa, also known as a B2 tourist visa. There are two main types of visas for the US: one for a short-term visit (called a nonimmigrant visa) and another for permanent residence (called an immigrant visa). A B2 tourist visa falls under the short-term visit category. It's for individuals who want to visit the U.S. temporarily for tourism, vacation, visiting family and friends, or medical treatment. By reading this blog, you will not only learn about applying for a US tourist visa from India but most importantly you will discover the key secrets for a successful application. Table of Contents: Tourist Visa for USA from India Introduction US Tourist Visa from India, Open? Sponsor for Tourist Visa USA US Tourist Visa Cost for Indian Tourist Visa for USA from India Wait Time US Visa Appointment Available Dates (India) Apply for a U.S. Visa in India Tourist Visa USA Requirements Purpose and Duration of Travel Intention to Leave Financial Stability FAQs on Tourist Visa for USA from India US Tourist Visa from India, Open? This would be the first question coming to anyone's mind if the US tourist visa application is currently open or not. The answer is yes, US tourist visa applications from India are currently open. For the latest updates, it's advisable to check the USCIS website. Situations like COVID-19 can cause delays in US tourist visa applications. During the pandemic, there was a significant delay in obtaining a US tourist visa. However, the situation has improved, and now you can secure a visa appointment more quickly. Sponsor for US Tourist Visa The next question that might come to your mind is whether you need a sponsor for a US tourist visa while applying from India. The answer is no; a sponsor is not required to apply for a B2 tourist visa. Even if you don't have any friends, family, or relatives there, you can still apply for a tourist visa to visit the US. If you have a stable financial background and meet other visa requirements, obtaining a US tourist visa without a sponsor is easily achievable. However, if you have someone in the US who can sponsor you, you can always request them to provide an invitation letter or sponsorship letter. It's optional, though. US Tourist Visa Cost for Indian The current cost for a US tourist visa from India is 12,000 INR per person. However, this amount may change in the future. Along with the tourist visa fee, you need to prove your financial stability by demonstrating available funds in your account. It's advisable to show a minimum of 3 lakh rupees in an Indian account associated with the applicant. US Tourist Visa from India Wait Time The current wait time for a US tourist visa from India is: New Delhi: 253 days Mumbai: 268 days Chennai: 260 days Kolkata: 240 days Please note that these wait times can vary significantly depending on when you plan to visit and where you are applying from. India has four visa application centers: Delhi, Mumbai, Chennai, and Kolkata. You can always check the current wait times on the USCIS website. You can change your appointment date up to four times (not counting the first one) without any problem. But if you cancel the fourth attempt, you have to wait for 90 days before picking a new date. Moreover, after you schedule your visa interview, you can choose to change the appointment to an earlier date if there are available slots. There's a good chance you might find an earlier date, so it's a good idea to keep an eye out. US Visa Appointment Available Dates (India) You can not see the current US visa appointment available dates without completing the DS-160 form and paying the appointment fee. You need to complete the DS-160 form, and pay the MRV fees, and using that receipt number you can move forward to make an appointment for biometrics and an interview. Note that if you are age: 13 and younger: Generally interview is not required From 14 to 79: Interview required 80 and older: Generally interview is not required Apply for a U.S. Visa in India Briefly, to apply for a U.S. Tourist Visa in India, you need to follow these 6 steps: Understand your visa type Complete your DS-160 online application Pay your visa fee of 12,000 INR (per person) Schedule your appointment Attend your interview (in person) Track your passport If Approved: Book return tickets and make travel arrangements to fly to the US. If Denied: At the end of the interview, you will receive your passport along with a letter detailing the reasons for the visa refusal. Assess the reasons for denial, consider addressing any issues, and potentially reapply if appropriate. US Tourist Visa Requirements For a US tourist visa application from India, there are five main requirements: A valid original Indian passport DS-160 confirmation page MRV fee payment receipt, Appointment confirmation page Two passport-size photographs. Generally, it's not required since the photograph is taken during biometrics. However, it's good to keep them just in case the service center faces any technical issues. Other supporting documents depending on the purpose of travel like Identity, address proofs, employment letters, financial proofs (bank statements), marriage certificates, family photographs, etc. Always keep in mind three things for a successful Tourist Visa to the USA from India: Clearly state the purpose and duration of your trip. Show your intention to leave the United States after your visit. Demonstrate your capability to cover all the costs of your trip. Purpose and Duration of Travel To successfully obtain a B2 tourist visa, it's important to know why you're going (purpose) and how long you plan to stay (duration). Clearly understand your purpose, whether it's for tourism, to see family, or for medical treatment, and make sure to have enough documents to support your reasons when asked during the interview. Keep in mind that you can stay in the US for up to six months in one go. Despite this, always express your intention to leave the country once your visit is over (even if you are not completing six months). Related: B2 visa length of stay If you're obtaining a US tourist visa for medical treatment: Get a note from your local doctor explaining your illness and why you need treatment in the United States. Ask a U.S. doctor or medical place to write a letter saying they can treat you. They should also mention how long the treatment will take and how much it will cost, covering doctor fees, hospital charges, and other medical costs. If you're obtaining a US tourist visa to visit family or friends: It's a good idea to have a sponsor letter with you. Although no one might ask you directly, having this letter can support what you say about visiting someone. Here is an example. If you're obtaining a US tourist visa for tourism or social events: Know the places you plan to visit, where you'll stay, and how long you'll be at each place. If you have a travel itinerary, it's a good idea to keep it during the B2 visa interview. Intention to Leave Show your ties to India, things that connect you to your home country like your job, family, investments, etc. You can use documents such as lease agreements, utility bills, employment letters, tax returns, bank statements, recent pay slips, marriage certificates, and photos that show immediate family members in your home country. Letters from family members confirming your relationship can also help. Related: Things to know about the USA Financial Stability Show proof that you or someone else will pay for your travel, medical bills, and stay in the US. This could be your bank statements, proof of income or savings, or official copies of tax returns from either you or the person/organization covering the trip. FAQs on Tourist Visa for USA from India Can I look for a job in the us with a tourist visa? People with business and tourist visas can now apply for new jobs in the US. You can even go for job interviews with the same visa. However, the US Citizenship and Immigration Services (USCIS) says you must change your visa before you start working. Can I sponsor my friend to the USA for a B2 visa? Simply put, you can't apply for a B2 visa for someone else. Each person must apply for their visa, and they need to go to the interview themselves. But, if you're a U.S. citizen or a green card holder, you can help and support a family member or friend who is applying for a tourist visa. How long does it take for a B2 visa to be approved? Once you send in the DS-160 form, it usually takes USCIS about 1-2 months to review and process the B-2 visa application. Next: B2 visa interview questions Related Posts ✔ Tourist visa extension beyond 180 days ✔ Tourist visa rejection reasons Related Topics

The I-485 application process is the final step in transitioning from a J1 visa to a green card, a process known as Adjustment of Status. Once the I-485 is approved, you will receive your green card within 1-3 months, signifying the completion of the transition from a J1 visa to permanent residency. Table of Contents: J1 Visa to Green Card Introduction I-485 Checklist I-485 Medical Exam Submit I-485 Application I-485 Documents Required Deciding whether to engage an attorney for the I-485 filing is a personal choice. Typically, attorneys offering services for I-140 petition filing provide a comprehensive package, including all necessary steps and a document checklist for the I-485 application process. If you missed my previous blog, I would suggest you start from here: Related: I-140 Application Process While many individuals handle this step independently, the decision depends on individual circumstances. Although I-140 and I-485 can be filed concurrently, I opted to file I-485 after I-140 approval to avoid potential financial loss if the I-140 petition was denied. Due to uncertainties and doubts about certain documents, I chose to retain a lawyer for the I-485 process. Before starting the I-485 application, I had already obtained the 212(e) waiver (2-year home residency requirement). Related: How to obtain a J1 waiver? I-485 Checklist Below is the I-485 checklist required for the primary J1 applicant and derivatives in the I-485 Adjustment of Status filing process, transitioning from J1 to the Green Card. Adjustment of Status: I-485 Application for Employment Authorization: I-765 Advance Parole: I-131 Medical Examination and Vaccination Record: I-693 E-Notification: G-1145 I-485 signifies the adjustment of status to a green card, I-765 relates to employment authorization during pending I-485, and I-131 serves as an advance parole form for potential travel outside the US during pending I-140. The G-1145 form can be used to request electronic notifications from USCIS. The attorney filled out and uploaded the I-485, I-765, I-131, and G-1145 forms to the portal for review and signature by both myself and my husband. I-485 Medical Exam Regarding the I-485 medical examination and vaccination record, USCIS-affiliated doctors handle this, and you can locate the nearest one through this link. These doctors charge separate fees, not covered by primary insurance. Some doctors may even ask you to print and fill out the form before visiting them. In my case, the doctor handled the entire process. After the approval of I-140, I initiated the process by selecting the most affordable and conveniently located doctor. The doctors conduct necessary tests and, based on existing vaccination records or an antibody test, determine if additional vaccinations are required. Upon completion, the doctor's clinic provides a sealed envelope containing the I-639 form, exclusively for USCIS (DO NOT OPEN IT). A copy of the I-639 form is also given to the applicant. Submit I-485 Application To finalize the application, draft a cover letter outlining your submission and a one-page personal statement describing your current activities and plans in the USA. After assembling all documents, apply to USCIS. Upon submission, USCIS will notify you, providing a receipt number for all three cases. After Submitting I-485 Expect a biometrics appointment in 1-3 months, where USCIS collects fingerprints, photos, and signatures for electronic capture. Some cases may receive interview notices, but exemptions may apply, as was the case during my process amid COVID-19. Even if an interview occurs, it's typically straightforward, with questions focusing on your work and related matters. I-485 Document Required Below are the documents required for the I-485 application in the J1 to green card transition process: Copies of all DS-2019 Copies of passport J1 waiver approval notice Last 4 pay stubs Birth certificate All visas ever issued Employment letter I-94 All filled forms I-140 approval notice Marriage certificate Personal statement Feel free to drop a comment if you have any doubts—I'm happy to help! Next: How to Expedite GC Related Posts ✔ Go to Main Menu ✔ How long can I stay after my J1 visa expires ✔ J1 visa waiver application process ✔ How to convert from a J1 visa to H1B Related Topics

The first step in transitioning from a J1 visa to a Green Card involves the submission of an I-140 application. Regardless of whether you are applying under the EB1 or EB2 Green Card category (Employment-Based Green Card), having a J1 waiver is not essential for filing an I-140 petition. However, a J1 waiver becomes essential in the second step of the J1 visa to Green Card process, known as Adjustment of Status, Form I-485. Related: How to obtain a J1 waiver? In this blog, I'll share my experience with the green card process for Form I-140 filing to help fellow postdocs. The first thing is to check if you qualify for the EB1 or EB2 category. I'm providing a link to the USCIS website for you to see the criteria. At first, it might seem challenging, but with a closer look, you'll discover that it's quite manageable. Remember, EB1 is the first preference for employment-based immigration. You may be eligible if you're a noncitizen with extraordinary ability, an outstanding professor or researcher, or a multinational executive or manager. Table of Contents: J1 Visa to Green Card EB1a vs EB1b EB1 Free Evaluation EB1 Extraordinary Ability Examples I-140 Application Process Summary of Contributions for Green Card Recommendation Letter for EB1 Application EB1 Petition Letter Form I-140 and Others I-140 Documents Checklist FAQs EB1a vs EB1b EB1 has two main types: EB1a and EB1b. The major difference between EB1a and EB1b is explained below: To qualify for EB1a, you need to meet a minimum of three criteria (out of ten), and you can either file yourself or have a lawyer do it for you. No employer sponsorship is needed. To qualify for EB1b, two criteria (out of six) must be met, and it requires employer sponsorship, so you can't file by yourself in this case. There is a third type also, EB1c which is for managers and executives. At times, it can be quite challenging to determine whether you qualify for the EB1 category. To address this, I have written a separate blog on EB1 Extraordinary Ability examples. You should read this to get some idea. Related: Extraordinary Ability Examples If you believe you don't meet the requirements for the EB1 category, you can invest time in enhancing your credentials, such as reviewing papers or taking on editorial roles in journals. It's not mandatory to have a large number of published papers to qualify for the EB1 category consistently. There are several other criteria that you can tailor to fit your profile. EB1 Free Evaluation Why should I go through an EB1 free evaluation? Perhaps I am not ready. You don't need to be ready for this; you should undergo an 'EB1 free evaluation' right away for the following reasons: Lawyers don't charge for EB1 evaluations; they're free. You can even try different lawyers and get their individual opinions to gain insight into where you stand. An early evaluation will give you more time to improve your credentials. Lastly, some lawyers even offer a money-back guarantee if they can't get your case approved. What is needed for an 'EB1 free evaluation'? You have the option to send your curriculum vitae (CV) for a free evaluation to an attorney who will provide feedback on your EB1 eligibility. Lawyers can also advise on areas where improvement may be needed if someone falls short of meeting the three criteria. Even if you don't qualify for EB1, lawyers will tell you if you fit for the EB2 category. I've previously listed some reputable lawyers in my blog (refer to below). If you are considering the EB1 category, hiring a lawyer is wise. Related: Transitioning from J1 Visa to Green Card EB1 Extraordinary Ability Examples These were my credentials, which you can refer to as an example of extraordinary ability for the EB1 category during the J1 visa to green card transition. Number of Publications: 47 published, 1 in submission Citation Record: 1200+ Number of Papers Reviewed: 21 Editorial/Guest Editor Board Member: 2 Journals I was on a J1 visa and working as a postdoctoral scholar when I initiated my green card application. I hired a lawyer for a free evaluation, and they informed me that I had the credentials to apply under the EB1a category. Once you are assured and satisfied with the lawyer's evaluation, you can pay them for further assistance. After payment, you can create a sign-in on their portal, where you can communicate with them and upload all the necessary documents for the attorneys to review and address any questions you may have. I-140 Application Process There are mainly two steps for filing a green card application in any category. The first one is to file the I-140 petition, and the second step is to file the I-485 for Adjustment of Status. These are the steps in the EB1 green card application process that the lawyer instructed me to follow for the I-140 petition: Summary of Contributions for Green Card Lawyers will send you a contribution template summary that you need to fill out for the green card application. Essentially, the lawyer requires a plain-language outline of your research (a summary understandable to a non-researcher), the most significant contributions of your research, the implementation of your work by others, patents or implementation of patents, awards/grants, etc. You need to provide specific examples for everything. This will help the attorney understand your work and build a stronger case for you. Recommendation Letter for EB1 Application Afterward, you need to provide a list of recommenders willing to recommend you for your EB1 application. Essentially, you need 1-2 dependent and 4-6 independent recommenders, depending on your profile. Dependent recommenders: Individuals who have worked directly with you. Independent recommenders: Individuals with whom you have never worked or studied in the same institution and who only know you through your publications and conferences. The recommenders should hold a higher position than yours. For example, if you are a postdoc, a recommendation from another postdoc may not be as effective. You need someone in a reputable position in the field. In my case, I obtained recommendations from different countries, not just the US, showcasing that my work is recognized worldwide. Along with the list of recommenders, you will need the recommender's CV. Once you have the recommenders, the attorney will draft all the recommendation letters and upload them to the portal for you to review and get signed by the recommenders. After the recommendation letters are ready, the lawyer will start drafting your petition letter. EB1 Petition Letter The EB1 petition letter explains your research summary, and achievements, and discusses your recommendation letters in detail. Essentially, it is the legal argument stating the basis for being granted a green card. The petition letter communicates with USCIS about your credentials and how you fulfill the criteria to apply for a green card. The lawyer will upload the petition letter to the portal for you to review. Form I-140 and Others Once the petition letter is finalized, the next step involves all the forms. The lawyer will assist you in filling out I-140, G28, and G1145 forms, and will ask you to review and physically sign those forms. You need to print out the forms and all supporting documents and physically mail them to your respective attorneys for their final review. They will include all exhibits in your file before sending it to USCIS. Please see the list of supporting documents at the bottom. You can also request the lawyer to print out everything for you, but additional charges may apply. In my case, the lawyer was charging $300; therefore, I decided to take the printouts and mail them to the lawyer. After carefully reviewing all the documents, the lawyer will inform you if any further changes are needed. Once everything is finalized, they will send the documents to USCIS. Once the documents reach USCIS, they will send you a hard copy of the receipt notice (I-797), which will contain a receipt number that you can use to track the case. I-140 Documents Checklist This is the checklist of documents required for filing Form I-140. I've also added some extra documents because every case is different, and having those might make your case even stronger. Copy of all forms (I-140, G28 & G-1145) USCIS Check: $700; if you opt for premium processing: $2,500 Curriculum Vitae Copy of your highest degree (Ph.D. in my case): I had to obtain a degree verification certificate since I did my Ph.D. outside the US. The first three pages of all publications Recommendation letters and Recommenders' CV (first 3 pages) Proof of peer-reviewed work (in my case, "Thank you email" received after peer review) Citation record: e.g., Google Scholar profile Evidence of Editorial Board Membership The lawyer discussed my citations in the petition letter, so I had to print out those articles too. Other documents that I uploaded to the attorney's portal: Passport front, back, and visa page copies Copies of DS-2019 Latest I-94 Each situation is different. If you have extra proof, you can include it. For instance: Proof from media or news reports Proof of getting prestigious funding Proof of receiving respected awards Proof of being a member of a professional group Proof of having a patent and putting it into action Please note that I am not a lawyer, and I followed these steps in 2020 when I was on a J1 visa. USCIS rules can change, so it's essential to check the USCIS website or consult with an attorney for updated guidance. I highly recommend hiring an attorney because they have valuable insights to strengthen your case and can guide you effectively through legal procedures. Additionally, the lawyer possesses statistics on each officer assigned by USCIS to our cases and can guide you in case you receive a Request for Further Evidence (RFE) or Notice of Intent to Deny (NOID). Look out for my next blog on Step 2, which is the I-485 filing! In the meantime, if you have any questions, feel free to drop them in the comment section below. Thank you. FAQs on J1 Visa to EB1 Green Card How to stay in the U.S. after my J1 visa expires? You have three choices depending on the time remaining on your J1 visa. The primary condition is to secure a J1 waiver if you have a 2-year home residency requirement. Without a waiver and with an expiring visa, you must leave the country right away. If you have obtained a J1 waiver, you can either convert from J1 to H1B, switch to a B2 visa, or apply for a green card well in advance. Read more. Next: Green Card (Step 2) Related Posts ✔ Go to Main Menu ✔ How to request premium processing for I-140? ✔ How to apply B2 visa for parents? Related Topics

USCIS's green card processing times can be lengthy, and many of us wonder if we can make a green card expedited request, specifically an "I-485 Expedite Request". For the first step of the green card processing, Form I-140, there is already a premium processing service available for $2500, which you can use. However, for the second step, Form I-485 (Adjustment of Status), there is no premium processing service available. In this case, you can submit an Expedite Request if you are eligible. There could be various reasons why someone might want to expedite their I-485 application for a green card, such as maintaining visa status, job opportunities, medical emergencies, traveling outside the US, etc. Table of Contents: I-485 Expedite Request Introduction When to make an I-485 Expedite Request? Reasons for I-485 Expedite Request Severe Financial Loss Urgent Humanitarian Grounds or Emergencies US Government Interest USCIS Error How to submit a Green Card Expedite Request? Contact USCIS through Emma (USCIS Chat Service) Contacting your Local Congressman USCIS Expedite Request Fee My I-485 Expedite Experience USCIS Expedited Processing Time USCIS Expedite Request Status Check I-485 Expedite Request Approved FAQs Note that the term "Expedite Request" is different from "Premium Processing". Here, I am sharing my I-485 Expedite Request experience. There is no I-485 premium processing, but you can submit an Expedite Request. Related: USCIS premium processing When to make an I-485 Expedite Request? There are a few things to keep in mind before submitting an I-485 Expedite Request: A pending I-485 can only be expedited once you have received your receipt number, and Your biometrics have been completed. If you are still waiting to receive your biometric notice from USCIS, please wait, get your biometrics done first, and then you can submit an I-485 Expedite Request to USCIS for your case. Reasons for I-485 Expedite Request (Green Card) In certain cases, you can request USCIS to expedite the I-485 application on a humanitarian basis but it is at the sole discretion of the officer handling your case. USCIS may require you to submit proper documentation for the I-485 Expedite Request. There are some situations when USCIS may consider your case to grant expedite. The reasons could be one or more of the following: Related: How to apply for H4 EAD? Severe Financial Loss to Individual or Company You can demonstrate that if you lose the job then it will financially impact you severely like you bought a house or impact to kid's higher education but you need to have sufficient documentation to prove that. Additionally, you can also show that your company/employer can face financial loss in case you lose your job since your role is critical in the company and they can't afford to lose you. Urgent Humanitarian Grounds or Emergencies This expedited request is related to human welfare. You can demonstrate that your health condition, someone in your family is sick or some ongoing medical treatment may require you to expedite I-485. The emergencies could be if a foreign national fears persecution if they go back to their home country. Related: H1B grace period with severance pay Compelling US government interest U.S. government interests may include but are not limited to, cases identified as urgent by other government agencies, including labor and employment agencies, and public safety or national security interests. Clear USCIS error (in RFE) If USCIS had issued a request for further evidence (RFE) which was a clear error and you have already submitted the proofs then you can request to expedite green card processing. There could be several other USCIS humanitarian reasons to make an expedited request. You can read about it in detail from the following blog. Related: USCIS expedite request reasons How to submit a Green Card Expedite Request? There are a couple of ways that I am aware of to make an I-485 Expedite Request. Contact USCIS through Emma (USCIS Chat Service) You can connect to a live chat representative through Emma. Connect with Emma and write in the chat box that you need to connect to a live representative. Then you have to wait in the queue till a representative comes online. You need to provide your receipt number, name, and date of birth for verification purposes. Then you need to chat with a representative to expedite your case and you will be asked to provide the reason for your I-485 Expedite Request. As I mentioned above you need to see first if your reason qualifies for any of the top four reasons or any other humanitarian reason. Then the representative will give you a referral ID and will tell you that you should hear back something in 7 business days or may take longer. You can choose to chat or call USCIS at 800-375-5283 but calling has a long wait time so chat service is recommended. Contacting your Local Congressman In case you have contacted USCIS but in vain then the other way is to contact your local congressman. You can find your local congressmen's contact information here. Once you have found your representative you can either call or email them. The representative can also ask you for the documentation to expedite your case and may contact USCIS on your behalf. It's similar to how we did in the J1 waiver expedite request. USCIS Expedite Request Fee USCIS does not charge a fee for submitting an Expedite Request for the I-485 application. In contrast, there is a premium processing service available for the I-140, where an upfront payment of $2500 is required. It's important to note that there is no premium service option for the I-485. I-485 Expedite Experience When my I-485 bio-metric was done, within a month or so I connected with a live USCIS chat representative through Emma. I kept all the information handy like my case number and other personal information. I told the USCIS representative that my reason was a severe financial loss. I gave the following reasons for the I-485 Expedite Request: My J1 visa was about to end so I could go out of status which could result in the loss of my job. We were expecting our first baby at that time so another reason was to support my child and I needed to have a job to do that. We purchased a house during that time and the loss of a job can delay the mortgage payment. I just wrote this to the USCIS live agent and I got a response that I will hear back something from USCIS within 7 days or may take longer and USCIS will contact me if they need any evidence for my case through email. USCIS Expedited Processing Time It will be very hard to predict the USCIS expedited processing time but it may take as little as 7 days or can take as long as 3 months. Sometimes, it is possible that USCIS can say that your case does not qualify for an expedited request or even deny your request if the USCIS officer is not satisfied with the evidence you have provided. There is no set timeline since it varies from case to case and officer to officer. USCIS Expedite Request Status Check You can check the status of your Expedite Request on the USCIS website. Sometimes, USCIS changes the status to 'Expedite Request Approved,' and sometimes it does not. In my case, the status was not updated on the website, but I received a letter from USCIS stating that they had accepted my Expedite Request. Next, I waited for the I-485 application to be approved. Expedite Request Approved What Next Surprisingly, after a month our (mine and my spouse's) I-485 Expedite Request got approved and I received the green card. Before receiving the green card, I also received a letter from USCIS stating that 'USCIS has received my Expedite Request and has taken action on it'. USCIS never asked me for any evidence but I had all the evidence prepared. In most cases, USCIS may ask you to fax the evidence so be prepared for everything in advance. I am not a lawyer and I have only shared my experience to help people going through the same process. Please leave your questions in the comment section and I will try my best to answer them. Related: How to request premium processing using Form I-907? FAQs on I-485 Expedite Request Can you expedite I-485? Yes, you can request faster processing of I-485 based on humanitarian reasons, financial loss, etc. There is no USCIS premium processing service for the I-485 form. How to expedite the I-485 application? You can request USCIS to expedite the I-485 application through chat service (Emma) or by calling USCIS at 800-375-5283. You would need your receipt number and reasons to expedite the I-485 request. What are the Reasons to Expedite Green Card? There are four major reasons to expedite a green card: Severe Financial Loss to Individuals or Companies like Job opportunities, Maintaining Visa Status, etc. Humanitarian Reasons or Emergency Situations US Government Interest or National Interest Clear USCIS Error How long after the I-485 Expedite Request is Approved? After the I-485 Expedite Request approval, it took approximately a month to receive the green card. How much is the USCIS Expedite Request Processing Time? There is no set timeline for USCIS Expedite Request processing; it could vary from a week to 3 months, depending on whether your Expedite Request was accepted. 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My transition from a J1 visa to a Green Card: As a postdoc on a J1 visa until 2022, I see value in sharing my journey to benefit fellow J1 visa postdocs aspiring to apply for a green card and become permanent residents in the United States. In the upcoming posts, I'll also detail the initial step of the J1 visa to green card process – filing Form I-140 and I-485. But before we delve into that, I encountered several questions while transitioning from a J1 visa to a green card that initially puzzled me. This blog addresses those questions, and I invite you to read them. Feel free to comment if you have additional questions that you'd like me to address. I am not an attorney, but I am sharing my experience and will do my best to answer your questions. Table of Contents: J1 Visa to Green Card Introduction J1 Visa to Green Card Timeline Requirement of J1 Waiver J1 to EB1a J1 to EB1b Employer-sponsored Green Card EB1a and EB1b Categories Green Card Lawyers J1 Visa to Green Card Timeline The timeline for a J1 visa to green card can range from a minimum of one year to several years. The J1 visa to green card timeline is unpredictable and depends on various factors, such as: Where You Were Born: If you were born in India or China, it might take longer because there are many people in line. Your Citizenship and Birthplace: If you're from India or China but were born in another country, it might be a bit easier. Birthplace matters. Type of Green Card: There are different types, like EB1a/EB1b or EB2 NIW, and they each have their timelines. Premium Processing: If you choose premium processing, when applying for step 1 (I-140), it will speed up the process. J1 Waiver Time: If you need a J1 waiver, that will add some time. Getting Documents Ready: Collecting all the documents, and preparing petition letters and recommendation letters you need for your green card application takes time. Priority Date: This is like reserving your spot in line. If your line moves faster, you might get your green card sooner. At the end of the day, what matters is initiating the process without thinking about when you'll receive the green card. It's a lengthy journey, and securing a priority date is crucial. Can a J1 visa apply for a green card? Yes, it is possible to begin the J1 visa to green card application process while holding a J1 visa, but not every J1 visa holder qualifies. Meeting specific criteria is essential to enhance the chances of green card approval. The EB2 category, while facing a long backlog, generally has fewer obstacles. In contrast, the EB1 category is relatively faster but demands higher credentials. Opting for an employer-sponsored green card involves comparatively fewer criteria compared to self-filing. Related: EB1 Extraordinary Ability Examples Do I need to obtain a waiver before I initiate the J1 visa to green card process? Most J1 visas are subject to the 2-year home residency rule. However, to apply for the first step of a green card (i.e., I-140 filing), one does not need to have a J1 waiver in hand. Briefly, the J1 visa to green card process is divided into two steps: Step 1: I-140 filing Step 2: I-485 filing It's essential to obtain the J1 waiver before applying for I-485 i.e. adjustment of status. You can initiate the green card process concurrently with a J1 waiver or even before that, as both stages of the green card process are time-consuming. Is it feasible to initiate the J1 to EB1a green card process while on a J1 visa? Yes, definitely! I did the same, assuming you have a strong research profile with a substantial number of citations, publications, grants/patents, involvement in reviewing several papers, editorial memberships, awards, and membership in reputable societies, etc. EB1a is a self-petition, and if you possess an outstanding profile, why not consider it? My credentials were based on the following criteria: Google Scholar Published papers Citation Index Editor Reviewer Is it feasible to initiate the J1 to EB1b green card process while on a J1 visa? Yes, it is feasible to initiate the J1 to EB1b green card process while on a J1 visa. If your employer is willing to sponsor you, then you can apply for a J1 visa to green card transition through the EB1b category, as EB1b is employer-backed. This category, specifically designed for outstanding professors and researchers, enables individuals to pursue a green card through employer sponsorship. However, it's essential to meet the specific eligibility criteria for the EB1b category to ensure a successful application. As a postdoc, may I request my university to file for an EB1b Green Card? Yes, absolutely. You can negotiate with your boss or university and see if they are willing to file for an EB1b green card on your behalf. I know postdoc friends whose universities have filed EB1b green cards for them. Is the EB1a or EB1b green card category easier to obtain? Tough to answer, but it depends on one's profile and the evaluating officer for their I-140 petition. In short, consider the following before you decide on the EB1a or EB1b green card category: To file for EB1a green card, you need to pay all the required fees (💰). However, if you have an employer, you can save a lot of money. For an EB1a green card, one needs to fulfill 3 out of 10 criteria determined by USCIS. On the other hand, with an EB1b green card, you only need to fulfill 2 criteria since an employer is backing you. Choosing EB1b may have some advantages, but it doesn't guarantee 100% approval, in the end, your case is at the discretion of the evaluating officer. Can EB2 be converted to EB1? Yes, it is possible to convert from EB2 to EB1. For example, if someone initially applied for a green card under the EB-2 category but later meets the criteria for EB-1 (such as excelling in a particular field, being an outstanding professor or researcher, or becoming a manager in a large company), they can switch their application to EB-1. Additionally, their priority date remains the same as the EB2 application. Is it better to transition from a J1 visa to an H1B visa and then apply for a green card? It is a personal choice; I obtained my green card while on a J1 visa after securing the J1 waiver, and I know some friends who followed the same path. Additionally, I am aware of a few friends who transitioned to an H1B visa to gain time and enhance their profiles, aiming to qualify for the EB1 green card category. I recently moved to the US on a J1 visa; do I need to wait for some time before I initiate the J1 visa to green card process? There is no specific limit; it depends on one's profile and situation and when one feels comfortable starting the process. If you think your profile needs improvement, it's better to wait for some time, enhance your profile, and then initiate the process. Should I hire a lawyer for the J1 visa to green card transition, or should I self-file? It's a personal choice as well. If you feel confident in drafting a petition letter and responding to USCIS's RFE or NOID (request for further evidence/Notice of intent to deny) in case you receive one after filing, you can handle it yourself. However, if you prefer not to stress about anything, hiring a lawyer is an ideal choice. Can you suggest a lawyer for transitioning from a J1 visa to a green card? Is it better to opt for a large and well-known firm? Again, it is your choice. Google is filled with a list of attorneys, and you can choose based on someone's recommendation or reviews, etc. More or less, what all lawyers do is pretty much similar, so you can decide. I'm sharing some of the firms that my friends and I have opted for, but there are undoubtedly many more out there. Every lawyer offers a free resume evaluation, so please contact them, talk to them, and then decide. Note that I am not receiving any benefits from mentioning these names. Chen Immigration Ellis porter Jasmine Kai How much does it cost to get a green card with a lawyer? The total cost of green card processing will depend on the firm you choose, but it's likely to be similar across different firms. I hired a lawyer for both EB1A and EB2 NIW, which resulted in a discount for processing both cases. If you decide to file only one case, the fees may vary. I-140 Attorney Fee (filing EB1A & EB2-NIW both): $6,000 USCIS Filing Fee: $700 for each case I-485 Attorney Fee: $1,500 for the primary applicant & $1,200 for each derivative applicant USCIS Fee: $1,225 per person (except for minors) and $750 for minors if the child files their I-485 petition with any one parent Please note that these fees are subject to change based on lawyers and USCIS guidelines. If I obtain a green card, will my dependents on J2 visas automatically receive it, or do they need to file for a J2 visa to green card separately? Yes, if the primary applicant obtains the green card, dependents (spouse/kids) will also receive the green card, provided you have filed an I-485 petition for all the dependents. Can J1 visa holders apply for the green card lottery? Yes, J1 visa holders are generally eligible to participate in the Diversity Visa (DV) Lottery, also known as the green card lottery. The DV Lottery is an annual program run by the U.S. Department of State that provides an opportunity for individuals from countries with low rates of immigration to the United States to apply for a chance to obtain a U.S. green card. Participation in the DV Lottery does not require sponsorship from an employer, family member, or any specific qualifying relationship. However, this doesn't waive off your 2-year home residency requirement, you still need a J1 waiver before you apply for adjustment of status. Next: Green Card Related Posts ✔ Go to Main Menu ✔ How long can I stay after my J1 visa expires ✔ How to convert from a J1 visa to H1B ✔ How to apply for J2 EAD Related Topics