Need an advice

[solavio 0]

Since 2000, I had been in the United States on a student visa (F-1).

I found a job in my field after receiving my Masters degree. The company then filed an Immigrant Petition for Alien Worker that is currently pending and simultaneously I filed Application to Adjust to Permanent Resident Status Form I-485. I have never been out of status and have always maintained legal status.

My application has been pending since May 2010 and USCIS Texas Service Center has passed the processing time of the I-140 application.For unknown reasons my I-140 has not been adjudicated nor has my I-485 Application.

The unexplained delay is risking me losing this job opportunity as well as other big opportunities I was offered with different Fortune 500 companies.

I have been outside the United States since February 2012 on AP document. My AP document will expire on September 2, in less than a month.

Can you please answer some of my questions below and provide me with any suggestion?

1 - Can the petition for Alien worker and the I485 application stay pending indefinetly?

2 - Can they be approved while I am abroad ?

3 - If I let my AP expire while Im abroad, does that mean I abandoned my application or it's still can be in process?

I was thinking to stay home overseas even if my AP expires and not return the United States unless I get an approval for my GC.

Thank You,

[Penguin_ie 5,993]

1. There are service goals, ie how long they have to adjudicate a "normal" AOS. I think it's 6 months, but not sure as I never went through that process. You could make an info pass appointment and see if you can find out what the hold up is, or get the company's lawyer to look into it.

2. Don't know

3. Expired AP doesn't mean you abandoned the process, but it may mean you won;t be able to get back to the USA.

[Penguin_ie 5,993]

*** Moving from AOS to Work Visa, maybe OP can get some answers there ****

[Boiler 45,314]

On what basis are you seeking to adjust status? Marriage?

[solavio 0]

On what basis are you seeking to adjust status? Marriage?

Employment based.....thanks

[kzielu 1,147]

Employment based.....thanks

Did you notice recent changes in employment based visa availability in visa bulletin ?

[solavio 0]

Did you notice recent changes in employment based visa availability in visa bulletin ?

Hi - Not sure what you are referring to.

My case has been pending since 2010.

Thanks

[Boiler 45,314]

What does your Employer's Lawyer say?

[kzielu 1,147]

Hi - Not sure what you are referring to.

My case has been pending since 2010.

Thanks

To the cutoff dates in the Visa Bulletin for employment based preferences. Second preference employment based application as of right now have cut off date of Jan 1st 2009, for China and India they are not available at all. Look it up...

Not sure in which category you are, but for employment based adjustment of status your priority date needs to be current - as in family preference visas.

[Boiler 45,314]

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