Important Issues to Consider in 485 Portability Cases
Important Issues to Consider in 485 Portability Cases One important issue is to maintain H-1B or H-4 status whenever possible when you have 485 paperwork pending. If there is a problem or denial with the 485 filing, you are still authorized to remain in the U.S. in H-1B or H-4 status to address that denial.
I also feel it is important to affirmatively file I-485 paperwork with CIS rather than wait for an RFE or Intent to Deny letter. This is partuclarly true when an RFE or Intent to Deny letter could be triggered by the former employer withdrawing an H-1B or I-140 approval with CIS.
an individual should be aware that filing I-485 portability paperwork can lead to an interview a local CIS office. This does not necessarily mean there is a problem with the I-485 portability request, but the individual should be prepared for this possible interview. Lastly, remember that there is an AR-11 requirement whenever a person moves to a new residence.