I-485 Filing Checklist

[meso129]

A lot of folks have become current or will get current in October, So i wanted to put together a I-485 Filing checklist for easy reference.

Here is the checklist i found on internet, Please feel free to add anything as needed

Checklist of forms and supporting documents for I-485
Application to Register Permanent Residence or Adjust Status

Form I-485 (type or print in black ink, answer all questions, use N/A or "none" when necessary, and don't forget to sign it!);
Form I-485A, Supplement A, if filed under 245(i);
Fee payment checks;
Form G-325A, Biographic Information Sheet, for applicants between 14 and 79 years of age;
Approval notice for I-140, Immigrant Petition for Alien Worker;
Form I-693, Medical Examination, signed and sealed by a designated physician;
Form G-28, if you have an attorney representing your case;
Form I-765, Application for Employment Authorization (EAD), optional but recommended;
Form I-131, Application for Travel Document (Advance Parole - AP), optional but recommended;
Form I-864, Affidavit of Support, if applicable;
Passport photos, 2"x2" full face color frontal view on a white or off-white background (although USCIS now uses your photos taken during fingerprint appointment);
Birth certificate, or other records of your birth (for example, notarized birth documents for Chinese nationals);
Passport pages with non-immigrant visas (some immigration lawyers ask for copies of all pages, just to be safe);
Arrest and criminal history. Even if no charges were filed, or all charges were dismissed, or any conviction was vacated, sealed, expunged or otherwise removed from your record, they still need to be reported and accompanied with certified documents and court orders. Consult an immigration attorney if you are not sure whether a particular incident was considered an arrest;
Form I-134, Affidavit of Support, if you file as a derivative, (this is different from I-864);
Employment verification letter from sponsoring employer, on a company letterhead, stating your salary, position and the job is still available;
Tax returns for the previous two years;
W-2 forms for the previous two years;
Recent pay stubs;
Degree certificates;
All previous EAD's including student practical training;
All I-94 cards used to enter the US;
All I-20 and I-797 forms, required by some law firms;

If I-485 is filed concurrently with I-140, add:

Form I-140 or receipt of a pending I-140;
A labor certification or request for a national interest waiver;
Supporting cover letter from employer;
Employment verification letters from previous jobs;
Other evidence that you meet LC requirements;
Evidence that the employer has the ability to pay the wage.

Note 1: This is not an exclusive list, rather it is for references only. Each case is unique, and each law firm may have different requirements.

Note 2: Unless specifically stated that original documents are required, legible photocopies should be used for all supporting documents.

Note 3: Any document containing foreign language shall be accompanied by a full English language translation which the translator has certified as complete and accurate. The translator must also certify he or she is competent to translate from the foreign language into English

Source: Various internet sites

[soggadu]

thank you ji... helps a lot...

[chikitsak]

In our own interest, all folks with dates up to June 2008 should get your documents squared away.

Dig into your files, bags and safes and make sure you have everything you need.
Look at the I 485 filing instructions and it will give you a good idea of what you need.
Then read through forms I-485, I-131, I-765 and G- 325 A and you will know all the information you should have handy as well.

Another important step is to make sure you have you immunizations current and documented.
To see al the stuff you need for the medical check up you can read through instructions for form I 693.

Getting you immunizations in order through PCP or if you have occupational health at you workplace will save you time and money.

You also need 6 passport photographs, that however, can be done easily at the last minute. Costco actually does an excellent job.

I expect as you see our wise guides predict a lot of unpredictable movement in the dates.

If we are ready to file and then file applications which are well prepared and documented, it will enable easier approvals, fewer RFE's and faster date movement for the people behind us in line. Especially now since they do not have a bunch of pre-approved applications.

This is one thing that will benefit the applicant as well as the people behind us as well.

Good luck!

[ChampU]

I am already feeling fresh and energitic with this new thread.. May this new (year) thread brings good luck (GC) to all of us..

Amen!! I called my attorney to get all my documents ready.. this year is gonna be a good one.. I'm feeling it.. As I had said earlier.. I have my "I'm Greened" email ready dated 07/31/2012.. My PD is 02/2008..

[rdsingh79]

Question
My passport expired in May 2010 and I didn't renew it till Oct 2010 (my bad). My I-94 is valid from Nov 2009-Nov 2012. Can there be any issues with AOS since my passport was expired for about 5 months? I am worried :(

[kingcaeser]

Guys,
Is it required to provide bank statements for 485 filing? I do not have this in my checklist, but my colleague has it in his checklist by his attorney? I am surprised. can anyone help?

[soggadu]

Guys,
Is it required to provide bank statements for 485 filing? I do not have this in my checklist, but my colleague has it in his checklist by his attorney? I am surprised. can anyone help?
this is only for applying under family quota...we are doing it in employment quota which doesnt need this... no affadivit of support needed...it is a generalised checklist which has this...my checklist has it too...

[chikitsak]

You do not need Bank statements. You will need last years W2 (2010) and last three months pay slips.


Guys,
Is it required to provide bank statements for 485 filing? I do not have this in my checklist, but my colleague has it in his checklist by his attorney? I am surprised. can anyone help?

[soggadu]

Only purpose of bank statement is to show you and wife holding joint account, to prove marriage. You can alternatively provide lease agreement of house with you both on it, or title of home with both names on it, if you have purchased a home. Of course marriage certificate.

I have only seen this kind of detailed query for Marriage proof when wife applies seperately. If you both apply together, and you have marriage certificate, and tax returns of at least one year show you both as joint return, there should not be any query.

ps: I am stuck at work in something today, and unable to view forum much.

very good point...yes this is the only exception but in many cases this is only asked during interview and not while applying for 485...

aur nishant bhaiya... itni choti si time mein bhi kitna useful info deethe ho aap...

[SmileBaba]

My personal approach is that I will stay put, and when dates get current, will immidiately take an appointment. There is no need to rush. This is not july 2007 where tons of people are calling doctor offiices for appointment.

What I have done in advance is shortlisted the civil surgeon I want to go to. I called up 3 civil surgeons, asked their charges and approach, and really liked one of them's attitudes and have selected him.

Nishanth,
I am also from LA area and will appreciate if you can PM me the doctor's name and charges they have quoted. That will help.

[indiaeb2]

Excellent.

btw, It's good that doctors here take credit card :D

This guy clearly said only cash and he gave me next day appointment. so did not even bother for money :(. Btw he is at boston

[indiaeb2]

Found this link useful to file the document.

http://www.visajourney.com/content/examples

[nishant2200]

This guy clearly said only cash and he gave me next day appointment. so did not even bother for money :(. Btw he is at boston

wov only cash. such a freaking business. Anyways got to do what has to do. No eating outside in upcoming weeks.

[krishnav]

Hi Guys,

Does the Employment Verification Letter need to be Original or is it just ok to send a scanned copy to Attorney?


Update :
Just got my medical done for me and my wife. It costed me $640 for both. Need to go back on saturday for blood work results and collect the envolpe.
My employer has fedex my employer verification document
Started to write forms.......i have few questions..need to check that
Need to take xerox of documents

Hopefully i should get all this done by this weekend and mail my package to attornety

[nishant2200]

Original. This is a very very important document.


Hi Guys,

Does the Employment Verification Letter need to be Original or is it just ok to send a scanned copy to Attorney?

[soggadu]

Found this link useful to file the document.

http://www.visajourney.com/content/examples
Dude .... Are you doing this all by urself? Whole 485 filing?

[03May07]

Is anybody here from Northern Virginia area who does medicals for reasonable price?
I am not sure i will get current but, just wanted to be ready.

Get chickenpox titer done through PCP & flu vaccine using your insurance
Go to Alex. health department for MMR, tdap Free and arlington Health dept for TB Skin test $7 (chest Xray if needed - free if "no insurance" wink..wink.. to a resident)
PM me for Dr's name - $150 (includes bloodtest)

Total =150+7 + insurance copay

Note: 1) Get tdap not td 2) 5 mm negative at health dept is a positive for immig purposes so one needs an Xray

[indiaeb2]

No. My Attorney said fill what you know and she will take care of the rest. But looks like i have almost filed everything as its all our personal details. She will do the filing for me.

[Kanmani]

Green Card Possible after Status Violation: 245(k) Benefit


Murthy's bulletin ...............http://www.murthy.com/bulletin.html

[kpt112107]

I think affidavit is not a big thing to worry. But, do anyone know the best & fastest way to get NAC ? As you know local officials are 10000% corrupted.


Called my attorney office to check on Affidavits for birth as we have our Birthdate registered last year. My attorney says if there is a secondary proof of birth( Tenth Marks Memo, PAN Card, Indian Driving licence) no need of affidavits. One less thing to worry.

[Eb2_Dec07]

Guys ,

As a dependent on I 485 filing when it becomes current , do I need to provide all my historical H1's and H4's that I have had over the period of time .
Or do I just submit only my latest current status which is H1 valid till 2013 . PD is Dec 2007 eb2-I

[gc_usa]

Hello folks,

I don't have any record for Vaccination. Which vaccinations will I require for I 485 ?

I found online that MMR , TdaP are required one if doc find no immune in blood work. Besides these any other required ?

Also any doctor in NJ ( Northern or Central ) does it for cheap. I called two doc and they gave me 300 Per person for MMR , Blood work for Syphilis and office visit. If I need blood work for immune record or any other vaccination it may be 100 - 300 extra depends on how many I need. So min range 300 max range 600 they gave me.

Looks like too high. I called my insurance and they do cover immunization as preventive care , my PCP is also does that. I just need to know which vaccinations we can get from PCP and have them ready for this civil surgeon so I don't need any from him.

Any help ?

[qesehmk]

gc usa vaccination related questions are already answered under 485 directory. If not check 2011 thread.
Any help ?

[Monica12]

Thanks for the quick response, some one will be monitoring my mail everyday( i hope i wont miss anything) in that case can i postpone my finger print?
Yes, you can... there is a checkbox on the FP notice that you have to check ( its for asking them to potpone your FP date). Also, write a cover letter explaining that you left for India/ are leaving for India, when you would be back and requesting for another FP date, after your date of arrival in US...... and also include a copy of your flight itinerary.
Make sure this person whose monitoring your mail does this for you.

[soggadu]

Hello folks,

I don't have any record for Vaccination. Which vaccinations will I require for I 485 ?

I found online that MMR , TdaP are required one if doc find no immune in blood work. Besides these any other required ?

Also any doctor in NJ ( Northern or Central ) does it for cheap. I called two doc and they gave me 300 Per person for MMR , Blood work for Syphilis and office visit. If I need blood work for immune record or any other vaccination it may be 100 - 300 extra depends on how many I need. So min range 300 max range 600 they gave me.

Looks like too high. I called my insurance and they do cover immunization as preventive care , my PCP is also does that. I just need to know which vaccinations we can get from PCP and have them ready for this civil surgeon so I don't need any from him.

I booked with Sarita regulapati and she is charging 175 per person. Now once you go in, they will draw blood and check for all the vaccines you need... once the report comes out, you will know which ones u r missing... so dont sweat if you dont have any records...

[Teja9999]

Yes, you can... there is a checkbox on the FP notice that you have to check ( its for asking them to potpone your FP date). Also, write a cover letter explaining that you left for India/ are leaving for India, when you would be back and requesting for another FP date, after your date of arrival in US...... and also include a copy of your flight itinerary.
Make sure this person whose monitoring your mail does this for you.

Great Thank you, you are very helpfull

[Monica12]

Guys ,

As a dependent on I 485 filing when it becomes current , do I need to provide all my historical H1's and H4's that I have had over the period of time .
Or do I just submit only my latest current status which is H1 valid till 2013 . PD is Dec 2007 eb2-I
My understanding is that you have to provide copies of all your previous h1, h4 and 1-20
PS : If you have something missing / lost it, there is always a risk of RFE but if there is absolutely nothing you can do about it, leave it at that and hope for the best. Also, check with your previous lawyers who filed your previous h1, h4 etc... they usually also get a copy

[rdsingh79]

My companies’ lawyer (Fragomen) sent out a note to employees with EB2IC priority date after Nov 1 to get ready with I-485 documents (fill in questionnaires etc), as they anticipate the cut-off dates to move forward in coming months. One of my frd with PD in Jan 2008, got such note. I know it is not surprising but just thought about sharing with you guys….

[Teja9999]

on the same note, how long does normally it take to send FP notice once we apply for 485?

[Monica12]

on the same note, how long does normally it take to send FP notice once we apply for 485?
They are supposed to send it within 30 days of filing..but for some people it comes within 1 week and for others it takes longer than 30 days.
Also, the person who checks yr mail.. tell him/her to look out for mail, not only from USCIS but also from your lawyer ( they usually Fed-ex papers) because sometimes the lawyer gets the FP notice also ( in this case, the Fed-ex person will leave it sometimes at your door and not in the mail-box )

[veni001]

Guys ,

As a dependent on I 485 filing when it becomes current , do I need to provide all my historical H1's and H4's that I have had over the period of time .
Or do I just submit only my latest current status which is H1 valid till 2013 . PD is Dec 2007 eb2-I


My understanding is that you have to provide copies of all your previous h1, h4 and 1-20
PS : If you have something missing / lost it, there is always a risk of RFE but if there is absolutely nothing you can do about it, leave it at that and hope for the best. Also, check with your previous lawyers who filed your previous h1, h4 etc... they usually also get a copy

Yes, that's what attorney usually recommend. Copies of all prior Visa approvals and H1-H4 extension approvals.

[nishant2200]

My companies’ lawyer (Fragomen) sent out a note to employees with EB2IC priority date after Nov 1 to get ready with I-485 documents (fill in questionnaires etc), as they anticipate the cut-off dates to move forward in coming months. One of my frd with PD in Jan 2008, got such note. I know it is not surprising but just thought about sharing with you guys….

Fragomen is big shot attorney. If he says this, it has weight.

rdsingh79, dude, you have in the last few days, contributed utmost significantly. May you win a BMW X5 M series in lottery.

[soggadu]

Fragomen is big shot attorney. If he says this, it has weight.

rdsingh79, dude, you have in the last few days, contributed utmost significantly. May you win a BMW X5 M series in lottery.

zamaane ke saath ashirwaad bhi change ho gaye batao... kahan phooloo phalooo aur kahan BMW jeeto lottery mein :-) ( i cant translate this...)

[nishant2200]

TeddyK and everyone who became current in November VB, CONGRATULATIONS and Good Luck!

btw, Leo. I called up my university for the I-20 etc, and at first they told me everything 5 years more older, they dont retain. This was on email. I then called, and the guy at front desk, gave me number of someone higher up. I called her, left voice message. Two days later, she called, asked for my identification details. next day she told me she has located my records with an external third party company they archive records with, and that company is going to fax over my stuff to her. She posted that to me and I got it in 3 days. It has all my I-20, my first I-94, second I-94 copies, OPT application copies, everything.

[soggadu]

btw, Leo. I called up my university for the I-20 etc, and at first they told me everything 5 years more older, they dont retain. This was on email. I then called, and the guy at front desk, gave me number of someone higher up. I called her, left voice message. Two days later, she called, asked for my identification details. next day she told me she has located my records with an external third party company they archive records with, and that company is going to fax over my stuff to her. She posted that to me and I got it in 3 days. It has all my I-20, my first I-94, second I-94 copies, OPT application copies, everything.

Hey N... i got all my vaccination records from my school after reading your post on this.... thnx for that... they mailed me a copy and i am going to show it to the doc when i go visit her...

[nishant2200]

Hey N... i got all my vaccination records from my school after reading your post on this.... thnx for that... they mailed me a copy and i am going to show it to the doc when i go visit her...

wonderful. I have to do the next step with my school's health dept. First attempt, just like the I-20 request etc, was shot down, but I am pretty sure, I just need to find the right person to call.

[10102007]

btw, Leo. I called up my university for the I-20 etc, and at first they told me everything 5 years more older, they dont retain. This was on email. I then called, and the guy at front desk, gave me number of someone higher up. I called her, left voice message. Two days later, she called, asked for my identification details. next day she told me she has located my records with an external third party company they archive records with, and that company is going to fax over my stuff to her. She posted that to me and I got it in 3 days. It has all my I-20, my first I-94, second I-94 copies, OPT application copies, everything.

Wow Nishanth. You have to send that lady a big Panettone for Christmas. It is very nice of her to take this extra step to help you.

[gaurav811]

We got current in Nov bulletin. I and my wife both came to US as students. She did not finish her undergrad and went back to India.We got married after few years and she came to US on H4.

So for me

F1(4-5 I20`s issued because of double masters) + H1(4 I-797 issued for renewals and changing jobs)

For my wife
F1(1 I-20 and visa issued) + H4(3 times issued because of renewal)

So my question is........ will my wife need to provide her F1 documents also ? At present the attorneys don't even know that she was in US on F1 before.

[soggadu]

We got current in Nov bulletin. I and my wife both came to US as students. She did not finish her undergrad and went back to India.We got married after few years and she came to US on H4.

So for me

F1(4-5 I20`s issued because of double masters) + H1(4 I-797 issued for renewals and changing jobs)

For my wife
F1(1 I-20 and visa issued) + H4(3 times issued because of renewal)

So my question is........ will my wife need to provide her F1 documents also ? At present the attorneys don't even know that she was in US on F1 before.

i dont think so as she would be the dependent, but them i am not too sure, wait for someone knowledgeable to answer...

[10102007]

Buddy,

The attorney only knows what you say. So it is important that the attorney knows about this. What is also important is to not hide any information from USCIS (or any govt agency).

My lawyer asked me to send both my I-20s and my wife's. Perhaps they use it to check if you have stayed legally/ in status. In your case, explain the issue to your attorney. It shouldn't be an issue if she left the country right after she discontinued. But only your attorney can say for sure.


Employer can cancel an approved I-140.


We got current in Nov bulletin. I and my wife both came to US as students. She did not finish her undergrad and went back to India.We got married after few years and she came to US on H4.

So for me

F1(4-5 I20`s issued because of double masters) + H1(4 I-797 issued for renewals and changing jobs)

For my wife
F1(1 I-20 and visa issued) + H4(3 times issued because of renewal)

So my question is........ will my wife need to provide her F1 documents also ? At present the attorneys don't even know that she was in US on F1 before.

[venkimakthal]

My friend had a similar issue and he said he filed a name affidavit that listed all the different names he used -like
First Name
First Name Last Name
Last Nsme First Name
Short form of First Name Last Name
Etc.

Please check with your lawyer.

Thanks for the quick reply.

[venkimakthal]

Do we need to use below link to find the civil surgeons for the medicals? or Any other source?
What are the things need to consider finalizing one of the civil surgeon?

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

[grnwtg]

Thanks for the tip Nishant, i will try again. school official said they wont retain more than 10 yrs.

Question Though:
I heard most of the vaccinations will expire after 10yrs, do you think is it worth time to dig those?


btw, Leo. I called up my university for the I-20 etc, and at first they told me everything 5 years more older, they dont retain. This was on email. I then called, and the guy at front desk, gave me number of someone higher up. I called her, left voice message. Two days later, she called, asked for my identification details. next day she told me she has located my records with an external third party company they archive records with, and that company is going to fax over my stuff to her. She posted that to me and I got it in 3 days. It has all my I-20, my first I-94, second I-94 copies, OPT application copies, everything.

[Monica12]

Buddy,

The attorney only knows what you say. So it is important that the attorney knows about this. What is also important is to not hide any information from USCIS (or any govt agency).

My lawyer asked me to send both my I-20s and my wife's. Perhaps they use it to check if you have stayed legally/ in status. In your case, explain the issue to your attorney. It shouldn't be an issue if she left the country right after she discontinued. But only your attorney can say for sure.
Absolutely, tell your attorney everything and always tell the truth to USCIS..never hide anything or it can lead to serious trouble. Also, even if in the past she she was out of status on F-1 but came back to US later on a valid H-1 or H-4, there is some rule...that the previous out of status will not matter anymore.

[nishant2200]

Thanks for the tip Nishant, i will try again. school official said they wont retain more than 10 yrs.

Question Though:
I heard most of the vaccinations will expire after 10yrs, do you think is it worth time to dig those?

You are in fact correct, I had the same impression of 10 years, and definitely my immunization is old than that, I forgot that.

I love this forum, so much help I have got.

[mysati]

You are in fact correct, I had the same impression of 10 years, and definitely my immunization is old than that, I forgot that.

I love this forum, so much help I have got.

Like someone mentioned in the forum earlier, you are immune if you take most of the vaccations once (unless it requires multiple doses). So any vaccination records older than 10 years should also be fine (except for flu shots). That's my understanding. Please correct me if I am wrong.

[soggadu]

You are in fact correct, I had the same impression of 10 years, and definitely my immunization is old than that, I forgot that.

I love this forum, so much help I have got.

only TETANUS is for 10 years...everything else is for life

[nishant2200]

only TETANUS is for 10 years...everything else is for life

:)

I finally talked just to another guy at the health office at school and he said it will be extremely difficult to track down the old stuff. So I give up on the school path.

I will next contact local doctor under insurance network and explain situation, I will post what I find.

[makmohan]

Friends,

I have an important question which needs informed action over this long weekend. Any reply will be appreciated.

My PD is Apr-2008. My wife works's on her own H1 which expires in Q1-2013. She is changing her job and is in process of H1 transfer. Her lawyer asked me for my copy of I140 so that he can ask for extension of her H1B. No problem sending my I140 copy but I am not sure whether this is possible.

Has there been any recent rule change which approves h1b extension based on spous's approved i140? or is it only if spouse has dependent h4?

- Makmohan

[Spectator]

Friends,

I have an important question which needs informed action over this long weekend. Any reply will be appreciated.

My PD is Apr-2008. My wife works's on her own H1 which expires in Q1-2013. She is changing her job and is in process of H1 transfer. Her lawyer asked me for my copy of I140 so that he can ask for extension of her H1B. No problem sending my I140 copy but I am not sure whether this is possible.

Has there been any recent rule change which approves h1b extension based on spous's approved i140? or is it only if spouse has dependent h4?

- Makmohan

Your thoughts are correct and there has not been a recent rule change to my knowledge.

A spouse cannot obtain an H1B extension beyond 6 years based on the other spouse's PERM or I-140 situation.

It is only possible if the person has there own PERM pending at least 365 days or an approved I-140.

I remember that one of the White House petitions asked for this rule change.

PS - I hope you will both have your GCs by Q1-2013, or at least have filed the I-485 and associated EAD.

[makmohan]

Your thoughts are correct and there has not been a recent rule change to my knowledge.

A spouse cannot obtain an H1B extension beyond 6 years based on the other spouse's PERM or I-140 situation.

It is only possible if the person has there own PERM pending at least 365 days or an approved I-140.

I remember that one of the White House petitions asked for this rule change.

PS - I hope you will both have your GCs by Q1-2013, or at least have filed the I-485 and associated EAD.



Thanks Spec. Appreciate your reply.

[indiaeb2]

Hi Friends,

I need your advice..hope some one can help me during this long weekend. I have almost prepared the docs and have a question

I came here on L1 thru a Indian firm early 05 and applied for h1b thru a consulting firm and moved to them from Oct 2005 onw ard ( This is my current company who sponsored my Green card). I am with the same company till now.......

But during Feb 2006 i applied for a transfer to a different consulting firm and got approved but never joined him

question
1. My attorney asked to submit all prior i797 approval....should i submit the one which i never worked

2. will this create a issue on my GC

Hope i was clear. pls help

[qesehmk]

If you have it then submit it. But I don't think that should be a major issue at all if you don't have the one that you never used.
Hi Friends,

I need your advice..hope some one can help me during this long weekend. I have almost prepared the docs and have a question

I came here on L1 thru a Indian firm early 05 and applied for h1b thru a consulting firm and moved to them from Oct 2005 onw ard ( This is my current company who sponsored my Green card). I am with the same company till now.......

But during Feb 2006 i applied for a transfer to a different consulting firm and got approved but never joined him

question
1. My attorney asked to submit all prior i797 approval....should i submit the one which i never worked

2. will this create a issue on my GC

Hope i was clear. pls help


Ohh Okay. Another thing I was thinking about is porting. Some have predicted that the porting was to the tune of 5000 per year for the last two years. It is actually a good news going forward. The more the porting number in previous years, the better it is now. We will be able to subtract the porting LCs from the total LCs for years 2008, 2009 and 2010.

I am sure Gurus have also taken this into consideration.
well it helps EB3. But not EB2. Practically EB3 is so large that porting at that level can continue forever. Its a lose lose game frankly speaking. What must happen is a number of things like:
1. Increase EB limit
2. Stop counting dependents in EB
3. Abolish country limit
4. Recapture prior visa wasted

[indiaeb2]

If you have it then submit it. But I don't think that should be a major issue at all if you don't have the one that you never used.


well it helps EB3. But not EB2. Practically EB3 is so large that porting at that level can continue forever. Its a lose lose game frankly speaking. What must happen is a number of things like:
1. Increase EB limit
2. Stop counting dependents in EB
3. Abolish country limit
4. Recapture prior visa wasted


Cool. I have the i797 which i never used. Ok then i will submit.

[snathan]

Cool. I have the i797 which i never used. Ok then i will submit.

If you never worked for them, do not submit. With USICS, always submit only what is necessary...dont invite trouble..

Why do you invite the devil for dinner?

[veni001]

If you never worked for them, do not submit. With USICS, always submit only what is necessary...dont invite trouble..

Why do you invite the devil for dinner?

Irrespective of submitting any and all documents, one must prove continuous legal status when applying for AOS.

One way of proving it is by submitting all i797 approval notices.

[snathan]

Irrespective of submitting any and all documents, one must prove continuous legal status when applying for AOS.

One way of proving it is by submitting all i797 approval notices.

If you never joined that compny how its going to help to prove ? If you are on bench without pay with the current employer, and if you submit the I-797 of another employer for that period...still you are out of status. Its not going to make any difference.

[tackle]

one must prove continuous legal status when applying for AOS.

I've seen this mentioned at several places. But I was not able to find this requirement in I-485 instructions. Is it mentioned elsewhere? Also, what does continuous legal status mean? Does it mean that you were on a valid visa for the entire period of stay in US? Do they not have access to the applicant's visa records to determine if the person was in US legally?

[nishant2200]

Awesome...Thanks Nishant

Most welcome. this is exact wording of the reason line, it is important.

<wife firstname>’s birth was registered later as it was not customary in our town at that time to register the birth of children. This affidavit is hence being submitted to attest to the birth and parentage of my daughter, <wifelastname> <wifefirstname>.

feel free to PM me for more details or for email exchange.

Page 27, post 660 by kanmani and few posts later there is further info put indiaeb2 on post 675.

[nishant2200]

indiaeb2, all I can find searching on internet is to submit all I-797 notices, some just say I-797 possibly referring to latest I-797 for H1. But not sure if you never worked on a particular I-797, you need to submit or not.

Unless anyone has anything concrete to say on this, I would suggest taking a half an hour consultation with lawyer and sort this out.

If you have a established lawyer from the company, a simple email should be enough, for a "free" answer.


I was never on Bench with my current consulting firm. I just did a mistake by applying tranfer early 06and it got approved but never even worked for them for a single day....

I am really confussed now..I have all the docs ready to mail out.....just waiting to get the answer for this one..should i show this i797 or not

Q- You suggested me to submit this as i wont create a issues. please take you take one more min to think for me on this before you say your final word

Nishant / Soggudu/Snathan/ Veni or any one please can you give me the right advice on this..as i dont want to be messed up on this..

Thanks

[qesehmk]

indiaeb2, I don't see any big harm eitheway - if you submit or don't - for a 797 you never used. If your lawyer is asking for it then give it to him. If he doesn't know you have one - and you have reservations - you can always withhold and submit later if asked by USCIS.



Q- You suggested me to submit this as i wont create a issues. please take you take one more min to think for me on this before you say your final word


On the IV topic - I have moved all the posts to its own thread at http://www.qesehmk.org/forums/showthread.php?210-Plagiarism-IV-s-silence-and-censorship to keep this thread clean.

[veni001]

I've seen this mentioned at several places. But I was not able to find this requirement in I-485 instructions. Is it mentioned elsewhere? Also, what does continuous legal status mean? Does it mean that you were on a valid visa for the entire period of stay in US? Do they not have access to the applicant's visa records to determine if the person was in US legally?

Tackle,
Valid visa is required only at the time of entry into US, once entered then he/she need to maintain valid status( Ex: B/F/H/L/J...etc)

Please read this article on AOS (i485) (http://www.immihelp.com/greencard/adjustmentofstatus/) from immihelp.com

Look at the paragraph before "Ineligibility to Adjust Status"

[indiaeb2]

indiaeb2, I don't see any big harm eitheway - if you submit or don't - for a 797 you never used. If your lawyer is asking for it then give it to him. If he doesn't know you have one - and you have reservations - you can always withhold and submit later if asked by USCIS.



On the IV topic - I have moved all the posts to its own thread at http://www.qesehmk.org/forums/showthread.php?210-Plagiarism-IV-s-silence-and-censorship to keep this thread clean.

Thanks Q. You completly understood where iam coming from..

.......My company or my company attonry does not know this and i dont want to share with them at this point of time as its too late for them to know this and now they may create a fuss now... and i am filing using my company attorney.

[indiaeb2]

indiaeb2, all I can find searching on internet is to submit all I-797 notices, some just say I-797 possibly referring to latest I-797 for H1. But not sure if you never worked on a particular I-797, you need to submit or not.

Unless anyone has anything concrete to say on this, I would suggest taking a half an hour consultation with lawyer and sort this out.

If you have a established lawyer from the company, a simple email should be enough, for a "free" answer.

Thanks Nishant for googling this for me... Better now seeing all your replies..i am gonna hold off sending the I797 which i never used..

[ct06511]

Hello, my PD is 10/15/2007. I will be current in November. I plan to file I-485 myself. I have two questions:

1. I understand if I send the I-485 packet now, it will be rejected because my PD is not current yet. What if I send the packet on 10/31 and the packet arrives on 11/1? Do they care about the postmark date?

2. I read the filing tips below. They recommend use paper clips instead of ACCO fasteners or staples. My understanding is that staples can still be used for forms such as I-485 and I-131. But stapling all forms and supporting documents together using a heavy duty staple will make it inconvenient for the officer to dissemble the materials. Any comment on using or not using staples?

Thanks very much!

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=72a927c382f39110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

[veni001]

Hello, my PD is 10/15/2007. I will be current in November. I plan to file I-485 myself. I have two questions:

1. I understand if I send the I-485 packet now, it will be rejected because my PD is not current yet. What if I send the packet on 10/31 and the packet arrives on 11/1? Do they care about the postmark date?

2. I read the filing tips below. They recommend use paper clips instead of ACCO fasteners or staples. My understanding is that staples can still be used for forms such as I-485 and I-131. But stapling all forms and supporting documents together using a heavy duty staple will make it inconvenient for the officer to dissemble the materials. Any comment on using or not using staples?

Thanks very much!

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=72a927c382f39110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

ct06511,

1) The day your application packet received at USCIS, your PD should be current. Post mark date doesn't matter.

2) Paper clips are recommended.

[veni001]

Veni, thanks for the reply!

I understand that there is no clear requirement for assembling the packet. What we can do is to make it more convenient for the reviewer to find what she/he needs.

The following tip seems to be applicable to supporting documents only. For individual forms, I wonder what problem staples can cause.

"Use paperclips when attaching supporting personal documents to forms (do NOT use “ACCO” fasteners; staples are acceptable when attaching fees)."

ct06511,

Those are only recommendations, not mandatory, so you can use which ever works for you.

Don't worry about the convenience factor for the reviewer!

[nishant2200]

Doing your own translation on documents proving birth and parentage is akin to hara-kiri, surely it is a conflict of interest. You should be easily able to find one friend or relative who can vouch for you and help in this, why do you want complication and chance for RFE?

The fc 029 you specify is not relevant to this discussion. Currently USCIS only wants legible photocopies of documents, doesnt ask for certified true copies. The visa journey link you give is just some posts by users like u or me. There is a better website for this:
http://www.immihelp.com/immigration/document-english-translation.html

I believe in making our 485 case file a necessary and sufficient file, it should be an offer that the examiner just cant refuse.


nishant2200, do you know if USCIS clearly indicated that you cannot certify your own translation? If you are allowed to certify true copies (google fc-029) on your own, why not translation? Some people say you can certify your own translation.

http://www.visajourney.com/forums/topic/223769-what-kind-of-translation-does-uscis-require/

Any official clarification? Thanks!

[nayekal]

In my Marriage Certificate, I have my wife's name printed with last name Initial and first name. Would that be a problem?

I am planning to add house title, which has got her full name. Would that be sufficient?
I have asked my attorney, but haven't received any answer so far.

[nishant2200]

Yes that's sufficient.


In my Marriage Certificate, I have my wife's name printed with last name Initial and first name. Would that be a problem?

I am planning to add house title, which has got her full name. Would that be sufficient?
I have asked my attorney, but haven't received any answer so far.

[Pdmar08]

Monica guess what...i went skydiving 9 years ago to the date.wow...

[TeddyKoochu]

Does anyone know exactly in whose name the checue for I485 filing needs to be made is it USCIS, INS or DHS. I read couple of places and there is different information everywhere.

[TeddyKoochu]

Does anyone know exactly in whose name the checue for I485 filing needs to be made is it USCIS, INS or DHS. I read couple of places and there is different information everywhere.

Friends I found the answer, the cheque is supposed to be in favour of US DHS it’s given on page 8 of the I485 instructions.

[EB2EB2]

Hi All, I'm in EB2 category with Priority date 23-FEB-2009.
I've question regarding my birth certificate. Basically we did not have my birth certificate at all (It probably was not mandetory in the part of India where I was born).
My mom did an affidavit in 2007 in standard template stating that I'm her son and I was born so-&-so date at so-&-so place. This affidavit is on a 100 Rupee stamp-paper and endorsed by notary in India.
My question is -- Is this birth affidavit enough during filing for I-485 ? Or do I need to produce any other document related to birth proof ?
Please help with this question, please.
Regards.

[druvraj]

Q and other Gurus,

My father is a doctor and I can get the vaccination certificate from my pediatrician. Will that work? Let me know.

[Eb2_Dec07]

My birthcertificate has mother's middle name wrong . I have prepared an affidavit notarized in India from my mother stating that there is a middle name wrong and I will be submitting my 10th mark sheet that has correct middle name of mother . Do you think this should suffice ??

[soggadu]

guys after how many days would our checks for 485 be cashed in by CIS?

[Reddy001]

Sent I485 on 10/31. Received by them on 11/1.

1. After how many days would our checks for 485 be cashed?
2. Does the reciept notice would be sent to me or Attorney?

[gc0907]

My attorney said, I will get the receipt and he asked me to send him a copy. He also said I should receive it in about 15 days.

[evoori]

I have same question..

a) I filled G 1145, how long will it take to get e-notification / txt message ?
b) When will they cash our check ?
I fedexed my document to dallas lockbox and it was received on 11/01/11

[evoori]

To answer my own question..
I received txt few minutes ago.. (11/04/11, 4 PM)..


I have same question..

a) I filled G 1145, how long will it take to get e-notification / txt message ?
b) When will they cash our check ?
I fedexed my document to dallas lockbox and it was received on 11/01/11

[rdsingh79]

Guys..I have a question. Have anyone used 10th Board exam certificate (it has the date of birth listed on it) instead of "school leaving certificate" as secondary evidence. I don't have my school leaving certificate, but I am wondering if 10th board exam certificate could be acceptable.

[veni001]

Guys..I have a question. Have anyone used 10th Board exam certificate (it has the date of birth listed on it) instead of "school leaving certificate" as secondary evidence. I don't have my school leaving certificate, but I am wondering if 10th board exam certificate could be acceptable.

Rdsingh,
Not sure, but the easy and best way would be affidavits.

[nishant2200]

Guys..I have a question. Have anyone used 10th Board exam certificate (it has the date of birth listed on it) instead of "school leaving certificate" as secondary evidence. I don't have my school leaving certificate, but I am wondering if 10th board exam certificate could be acceptable.

rdsingh, my school leaving certificate did not have parents name.

I got a letter from school saying I was student at their school, admitted in this date, my details with their records are:
name of child, name of father, name of mother, place of birth, date of birth

My lawyer told me to have school leaving certificate as backup, because my birth certificate has my mom's name as mom+ben, and dad's name as dad+kumar

I have also got affidavits alongwith.

[murali83]

Guys,

I need a small clarification. In South India, people rarely have last names, we have initials which is the 1st letter of fathers first name. Now when I got my passport I had my dads first name as my last name like many people. My question is "Should my birth certificate reflect the same, as of now my birth certificate my name is just my first name and in a separate field it has my dads name". Is it fine if it does not explicitly have my full name.

Any advise on this would be great

Murali

[kd2008]

Guys,

I need a small clarification. In South India, people rarely have last names, we have initials which is the 1st letter of fathers first name. Now when I got my passport I had my dads first name as my last name like many people. My question is "Should my birth certificate reflect the same, as of now my birth certificate my name is just my first name and in a separate field it has my dads name". Is it fine if it does not explicitly have my full name.

Any advise on this would be great

Murali

Please check the birth certificate thread for answers. More importantly, consult a competent attorney.

My birth certificate also had just my first name.

My attorney suggested one of two things:

1) From the authority that issued the original birth certificate, get an official explanation on the customs relevant to your birth place and why the birth certificate does not have your full name. In addition get affidavits from parents and relatives

OR

2) Get the birth certificate reissued with the name in passport and make sure that the name in passport used in other documents consistently ex, official degree, etc.

I chose option 2 and the new birth certificate was reissued in 1 week. I showed it to my attorney who approved the new version.

[kpt112107]

Do we need to fill our A**** number in dependent's I-693? Or Should we leave it blank for dependents?

[indiasunil]

Do we need to fill our A**** number in dependent's I-693? Or Should we leave it blank for dependents?

I made it blank

[TeddyKoochu]

Do we need to fill our A**** number in dependent's I-693? Or Should we leave it blank for dependents?

That I140 A# is just yours don't fill it on your spouse's form or application. They will be generating a new one for them as part of the 485 process.

[romanitaly]

Hi Teddy,

I think I did not fill in a A# in my I-693 is this a problem? do I have to get the form filled and signed again?

Thanks,

That I140 A# is just yours don't fill it on your spouse's form or application. They will be generating a new one for them as part of the 485 process.

[TeddyKoochu]

Hi Teddy,

I think I did not fill in a A# in my I-693 is this a problem? do I have to get the form filled and signed again?

Thanks,

Don't worry that should be a trivial issue; even I could not fill it up because the doctor sealed the application before I could fill it. Having it on the I485 is far more important.

[Reddy001]

The checks for I485 has been cashed on 11/07 (They recieved it on 11/1). I heard the reciept number would be on the rear of check image. But the bank folks are saying that money was transfered electronically. They dont have the image.

Will i get the reciept notice directly sent to me?

[vizcard]

Thanks for posting this, i have a few questions,
1. What does "If entered on blanket L, provide copy of stamped I-129S" mean, do you mean stamp in passport or copy of I129
2. I have all my I797s but my wife has worked here on her own L1 and H1 never as dependant on my H1. in that case too do we need her I797s too?

And i had posted this before but i m not sure if i got the right answer, do we absolutely need to have spouses name in the passport?

My PD is a little bit far away but as far as medicals go, can i get vaccinations done via PCP so that in the future if i go to civil surgeon, i might save time? Suggestions?

1)I have no idea about L1 coz I've been on H1 the whole time.
2)I would keep all the 797s ready just in case.
3)I don't think its an absolute must to have the spouse's name on the passport.
4)I believe you can get vaccinations done now but you definitely don't want to do the civil surgeon until you get current.

[rich895]

How did you convince the municipal office to reissue your birth certificate with name corrected. For the life of mine, I couldn't do that. They are asking to do thru Gazette publication.



Please check the birth certificate thread for answers. More importantly, consult a competent attorney.

My birth certificate also had just my first name.

My attorney suggested one of two things:

1) From the authority that issued the original birth certificate, get an official explanation on the customs relevant to your birth place and why the birth certificate does not have your full name. In addition get affidavits from parents and relatives

OR

2) Get the birth certificate reissued with the name in passport and make sure that the name in passport used in other documents consistently ex, official degree, etc.

I chose option 2 and the new birth certificate was reissued in 1 week. I showed it to my attorney who approved the new version.

[TheTexan]

Hello All,

Can anyone point me to list of the most common documents that required for 485? I know the obvious being pay stubs, W2, employer verification letter, birth, marriage certs.

Thanks.

[mysati]

Hi Rich,

I had a misspelling in my name and my lawyer asked me to get an affidavit from my parents for that.

Just get an affidavit from your parents or two other people who were old enough at your birth and can vouch for it. That should be sufficient, as far as I know.


How did you convince the municipal office to reissue your birth certificate with name corrected. For the life of mine, I couldn't do that. They are asking to do thru Gazette publication.

[rich895]

Thanks. That's the route (affidavit) I am taking now. Correcting Birth Certificate doesn't seem to be an option anymore for me.
My case is little, I have all names little wrong, mine, dad's and mom's. So thought if I can get the BirthCertificate corrected, I don't need to append that many affidavits for each name and confuse the hell out of the person looking at my record ;)


Hi Rich,

I had a misspelling in my name and my lawyer asked me to get an affidavit from my parents for that.

Just get an affidavit from your parents or two other people who were old enough at your birth and can vouch for it. That should be sufficient, as far as I know.

[grnwtg]

Can anyone tell me what would be average fee charged by lawyers for filing I485?

[kd2008]

How did you convince the municipal office to reissue your birth certificate with name corrected. For the life of mine, I couldn't do that. They are asking to do thru Gazette publication.

At first they said no, but after they heard why i needed to have it reissued they agreed to change it. As per the custom in my state, it was clear what my full name was: my given name, my dad's first name, my last name - this is standard assumption and custom in my state and hence they used to just print baby's first name only with the other other two parts being figured automatically. All my documents had my full name in a consistent way. Once they heard that this wasn't the custom in US (in US, parents can name their child utterly different from their own name, including last name, if they wish) and that the full name needed to be present on the birth certificate, they changed it.

[nishant2200]

This is from my lawyer.

A. Certified copy of your Marriage Certificate



B. Copies of the joint federal income tax returns filed for 2008

2009, and 2010, plus copies of any issued 1099 or W-2s;



C. Letter confirming your employment stating each position you

have and are performing at Atlas, the duties of your current

position, your current salary, and a statement that you will

be paid the requisite permanent resident salary as listed on

the certified PERM Department of Labor Form when permanent

residence is granted;



D. Copy of your Passport (biographic page and each and every

US visa stamp and each and every US admission entry stamp);



E. Same as item D for your wife;



F. Copy of your I-94 form (front and back);



G. Same as item G for your wife;



H. Copies of all issued US Immigration Work Permits, EAD Cards,

Notices of Action for H-1B and H-4 for you and your wife;



I. If you studied in the USA, copies of all I-20s and EAD cards;



J. Six(6) Passport Picture, passport style, color,

front view, sixe 2” by 2” for you;



K. Same as J above for your wife;



L. Termination decrees of prior marriages, if applicable



M. Completion of the questionnaires forwarded earlier;



N. INS Medical examination must be completed by an INS authorized

Physician – Attachments sent for you and your wife



O. Your Birth Certificate showing your name, date and place

of birth and the names of your parents



P. Your wife’s Birth Certificate (same as above)



Q. Your child’s Birth Certificate





R. Copies of any criminal or police record, if applicable;



S. Copies of your last 4 issued payroll check stubs;



T. Your wife’s Immigration filing fee to the US CIS is $1,070.00

Check payable to the Department of Homeland Security;



U. Payment to my office for your wife’s Green Card processing

for $850.00. Check payable to Alan R. Klein, Attorney at Law;



V. Your Immigration filing fee to the US CIS is $1,070.00.

Check payable to the Department of Homeland Security;



When ready please forward and or bring in so that I can prepare the requisite forms and documents for signature.

[Karma1979]

Since you are filing on your own. Do u require to send tax returns, W2 and pay stubs?? My lawyer is not asking for those documents and also insists that we should not send them more papers than they require.

[Umesh1209]

This is an amazing forum and I appreciate the service this forum provides to GC community.

I have a question -
I recently found that my Job title in LCA(H1B) is different form the Job title in PERM(PD 12/2009). Will this be an issue? I have reached out to my attorney but I have not get any response yet. I thought I will check with experts here.

Thanks a lot for your help.

If this thread is not the appropriate place for this question I request the moderator to move it to appropraite thread.

[leo07]

Let your attorney know about it. If yours is a good corporate lawyer they will file an H1B amendment. Not a big deal. Remember, labor-cert is for a future employment(with promise).

If the current and future employment are same/similar then your case becomes slightly stronger/more convincing.



This is an amazing forum and I appreciate the service this forum provides to GC community.

I have a question -
I recently found that my Job title in LCA(H1B) is different form the Job title in PERM(PD 12/2009). Will this be an issue? I have reached out to my attorney but I have not get any response yet. I thought I will check with experts here.

Thanks a lot for your help.

If this thread is not the appropriate place for this question I request the moderator to move it to appropraite thread.

[Umesh1209]

Leo, Thanks for the reply.

Again sorry to post in this thread. I will move this to appropriate thread.

[polapragada]

A week ago my lawyer sent me a questioner for the I485 filing, I will filled those documents. I filled them in a 2 hours sent them back, I am done with my I693 packet, and Photos on next day. My birth certificate affidavits are ready long ago.

So I have time and no reply from attorney, so I filled out I-485, I-765, I-131,G-325, and G-1145 for me and for my wife by last Saturday. And I am tooooooo much exited and ready.

I called my lawyer and told him that I am ready with documents, and is there any thing else that I can do. He said “Filling immigration forms is our job, we will never ask client to fill immigration forms. We will fill them and will send it to you for review.” ROFL! Every body is exited and busy with work, now I am job less, want to do some thing for my I485 but nothing is there for me to do!

[sam96_77]

I have been coming to this forum for last 6 months. Thought I would add info which maybe helpful to others.

Below is my experience. Looked up the list to find doctors in my area. Found 3 doctors. Called all of them. Felt good about one of them which even had automated message on documents required for I693 etc. They only take check or cash. Do not take Insurance.

I asked them about immunization. They told me if I don't have the record then I would need the shots. I asked them do I have to get all the shots. They said no based on my age I only need MMR, TDap, And chicken pox. I remember that I had to take MMR prior to joining US university. Called their health service department. They located my file and info which is now 10 years old and faxed the document to doctors office.

Went for my physical and blood work for HIV and syphillis and TB test. During the first appointment doctor gave me the option of getting an appointment with my GP and getting the shots which maybe covered by my insurance or get the shots at their office for $257.00 and I would require a followup visit to get the remaining shots MMR 2 and 2nd shot for chicken pox which would be another $170 dollars.

I requested them to write a letter to my GP listing the shots I need. I called my GP to setup an appointment. I gave them the letter and got the necessary shots. Took the record to doctors office 2 days letter and got the paperwork done.

Total Cost:

Physical for me & Spouse $120/ea subtotal $240.00

Shots at GP: office visit $25/each subtotal $50.00
Immunization is 100% covered under my insurance.

Total cost : $290.00

For others in similar situation it maybe best to check with your GP to see if they will administer the shots.

Best of luck.

S

[Jitesh]

For filing I-131,what should be expected date of departure?I do not have any plans to travel outside USA in near future.Should I just put a date that is most probable?But it may change depending on different factors.What to do?

[sandeep11]

You can mention any date after 2-3 month from when you apply. It is just informational and doen't bind you in anyway.


For filing I-131,what should be expected date of departure?I do not have any plans to travel outside USA in near future.Should I just put a date that is most probable?But it may change depending on different factors.What to do?

[krodhityogi]

Hi Jitesh,
In my case , my lawyer filled it as "ASAP". Also put in 2 weeks for expected length of trip.
hope this helps.

For filing I-131,what should be expected date of departure?I do not have any plans to travel outside USA in near future.Should I just put a date that is most probable?But it may change depending on different factors.What to do?

[Jitesh]

Thanks Sandeep and Krodhi.
About Birth Certificate,my birth was registered only in 2011 (just to get Birth certificate for 485 filing).Will 2 birth affidavits - one from one of my parents and another one from a close relative be enough?