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Adjustment of Status - I-485 Process Explained

Quick answer

Adjustment of status (AOS) is the process of becoming a US permanent resident while remaining inside the United States, instead of going to a US embassy abroad. It is filed on Form I-485. To file, you must already be in valid status (H-1B, L-1, F-1, etc.) and your priority date must be current under the visa bulletin chart USCIS designates for that month.

What 'adjustment of status' means in plain English

If you are physically inside the US on any kind of non-immigrant status - work visa, student visa, dependent visa - and you become eligible for a green card, you can apply for permanent residence from within the country. You do not have to leave. The process is called adjusting your status from non-immigrant to immigrant. Outside the US the equivalent is called consular processing.

Who is eligible to file I-485

  • Employment-based: H-1B, L-1, E-2, O-1, TN holders with an approved I-140 and a current priority date.
  • Family-based: spouse, parent, or unmarried child of a US citizen (immediate relative), or sponsored relative whose I-130 priority date is current.
  • F-1 students moving to a marriage-based or employment-based green card.
  • Asylees and refugees one year after grant.
  • Diversity visa winners selected in the lottery, present in the US in lawful status.

When you can file

USCIS announces each month whether I-485 applicants can use Chart A or Chart B of the Visa Bulletin. Chart B (Filing Date) opens earlier - usually months before the green card can actually be approved. Chart A (Final Action Date) is when the approval can happen. If USCIS designates Chart B that month and your priority date is current there, you can submit your I-485 and unlock EAD and advance parole benefits while waiting.

What you get while waiting

  • EAD (employment authorization document) - work permit independent of any sponsor.
  • Advance parole - travel document to leave and re-enter the US.
  • Job portability under AC21 once I-485 is pending 180+ days.
  • Section 245(k) protection for some lapses in status (up to 180 days, employment-based only).

Cost in 2026 (post-OBBBA)

After the One Big Beautiful Bill Act took effect, the total cost of filing I-485 with concurrent I-765 and I-131 is approximately $1,440 per applicant. Biometrics fees were folded into the I-485 fee. Children under 14 pay a reduced fee.

AOS vs consular processing

Two paths to the same green card:

  • AOS - stay in the US, but lose freedom to travel without AP, longer overall timeline, but immediate EAD.
  • Consular processing - interview at a US embassy abroad, no EAD or AP while waiting, but generally a single decisive interview at the end.

Frequently asked questions

Can I file I-485 while my I-140 is pending?

Yes - concurrent filing is allowed when your priority date is current. Both forms go in together.

How long does I-485 take in 2026?

Most cases take 8-16 months. EB cases at field offices that interview tend to be slower than those waived from interview.

Can I keep working on H-1B while I-485 is pending?

Yes. Your H-1B status remains valid. Many people maintain H-1B during the AOS wait as a safety net in case I-485 is denied.

What happens if I travel without advance parole?

USCIS will consider your I-485 abandoned unless you hold a valid H-1B or L-1 visa stamp and re-enter in that status. For other categories, departure without AP usually kills the I-485.