I-485 Adjustment of Status

Yes, but separate applications are needed. Work: file Form I-765 for an EAD concurrently with I-485; once approved, you may work for any employer. Travel: file Form I-131 for Advance Parole (AP) concurrently; once approved, you may depart and reenter the U.S. Important: if you hold H-1B or L-1 status, you may continue working and traveling on that status without using EAD/AP. However, if you use the EAD to work (instead of H-1B), this is treated as abandoning H-1B status.

After denial, the applicant reverts to their prior nonimmigrant status (if still valid). If no valid nonimmigrant status exists, the individual may be placed in removal proceedings. Common denial reasons include: ineligibility, criminal history, visa fraud, medical examination failure, and failure to appear for an interview. I-485 denials may be appealed before an immigration judge within the prescribed timeframe. Consulting with an attorney before filing to carefully assess eligibility is strongly recommended.

Concurrent filing means submitting I-485 at the same time as the underlying immigrant petition (such as I-140 or I-130), before the petition is approved. This is permitted when the priority date is Current and the petition has been accepted by USCIS. The benefit is time savings, and once I-485 is accepted (receipt issued), EAD and AP may be applied for immediately. However, if the underlying petition is denied, the I-485 will also be denied. For employment-based cases, concurrent filings may face delays if priority dates retrogress.

The I-485 filing fee is $1,440 (age 14 and older) or $950 (under age 14). This fee includes the cost of Form I-765 (EAD) and I-131 (AP) — both may be filed at no additional government fee after I-485 is submitted. The medical examination (I-693) is a separate cost, typically $200-$500 (paid directly to the Civil Surgeon). Family-based cases also require Form I-864 (Affidavit of Support), which has no additional government fee but may involve preparation costs for joint sponsor documentation.

Interview preparation tips: (1) bring all original documents (passport, birth certificate, marriage certificate, I-797 approval notices, etc.); (2) for marriage-based cases, prepare evidence of a genuine relationship (joint financial records, photographs, shared residence documentation, etc.); (3) know all details of your case (information must be consistent with your application forms); (4) answer all questions truthfully; (5) having an attorney present is recommended. The officer primarily verifies eligibility and (for marriage-based cases) the authenticity of the relationship. Employment-based interviews are typically brief.