Lawful Permanent Resident (Green Card)

Green card dates went current (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) . What that means is that anyone who has the first stage (PERM/Labor) approved can file for I485 (Adjustment of Status) , the final hurdle to being a LPR (Lawful Permanent Resident). This news has certainly caused a lot of hoopla amongst my colleagues and friends. With all sorts of questions arising I though of creating this FAQ of the most common questions for people who are curious.

1) Can I file for I-140 and I-485 together?
Ans. Yes. Both can be filed concurrently.

2) What are the consequences of filing I-485?
Ans. For singles it is a major issue. The crux is that if you file for I-485 and your GC gets approved before you get married your wife cannot enter USA on any dependent VISA. This means she has to go through the family immigration process which takes about 4-5 years. So what can you do? You can file the I-485 and postpone your call for fingerprinting by 2-3 months. This is only for people who intend to get married within 4-5 months from filing the I-485 (essentially it buys them some time). Now for people who do not intend to get married for quite some time, the elite few should not apply for their I-485 to be safe. To gain some you have to lose some.

3) Who benefits the most from filing the I-485?
Ans. The spouse who is on a dependent visa (H4,etc) since they can also file for a EAD card alongwith the I-485 which would give them the right to work. Individuals who are desperate to switch jobs and this whole GC process is what was keeping them glu'd to the company. And individuals who are eager to start their own business and could not find a legal sponsor.

4) Do I lose my LPR status if I go back to India for good?
And. Depends. People say you have to visit atleast once every year to maintain your GC status. There are some who say you have to stay in the US for atleast six months every year. All of them are wrong!! You have to be convincing of your intent to establish permanent residency in USA. So even if you go back to India for good, but keep a bank account, file taxes every year, earn some property in USA, and have strong family ties here, you can actually maintain your GC status throughout your life.

Resources:- http://www.usimmigrationsupport.org/
http://murthy.com/
http://travel.state.gov/visa/
http://immigration.about.com/