Prepare to file I485

[makmohan]

My company attorney is representing me in filing my I485. Many forms have sections on who is representing me and their signatures?

Keeping all this in mind am I right when I say that our signatures are still required on all the following forms?

I485
G28
I765
I131


- Makmohan

[gc0907]

Yes, you will have to sign even if you have a preparer. You forgot G325A form.
In case where it isn't necessary your attorney will tell you.


My company attorney is representing me in filing my I485. Many forms have sections on who is representing me and their signatures?

Keeping all this in mind am I right when I say that our signatures are still required on all the following forms?

I485
G28
I765
I131


- Makmohan

[lft2hou]

Hello,

My priority date will be current starting 02/01/12. The prevailing wage obtained at the PERM stage is $6k higher than what I currently make. Is it a problem to go ahead and apply for the I-485 with this gap in the prevailing wage and current salary?

Thanks in advance for your advice.

- Lft

[qesehmk]

GC is for future employment. So your employer can get away with that.

But if the adjudicating officer is strict he will cross check against your current job on H1. If current job is same as future offered job (i.e. one in 140) then he could potentially raise questions or reject 485.


Hello,

My priority date will be current starting 02/01/12. The prevailing wage obtained at the PERM stage is $6k higher than what I currently make. Is it a problem to go ahead and apply for the I-485 with this gap in the prevailing wage and current salary?

Thanks in advance for your advice.

- Lft

[imdeng]

Guys - for reference and discussion purposes.

My cost of Civil Surgeon appointment: $191 per person, shots are extra if needed, shots can be billed to insurance, these expenses can be paid with HSA/FSA money.
My cost of engaging a lawyer on a personal basis $1.5K for two 485s (I have not engaged the lawyer yet, this is a quote).

Hope this will help people in decision making. Please post your experiences/cost estimates.

[imdeng]

Are there people doing 485 filing without a lawyer's assistance? Perhaps we should open a thread here for common questions.

PS> I am still debating whether to engage a lawyer. I have a preliminary meeting set up on Monday - I will know more after that.

[June292009]

I have been a silent reader of this forum and it is one of the great forum to be in. Thanks to Q,Teddy, Qblog,veni , kanmani....
My priority date is 06/29/2009 and i am preparing to file I485 this feb.

Do i have to give tax indentification number for the SSN field in 485 or i have to leave it blank for dependants. My spouse is in H4 and she does not have SSN.

[zenmaster]

I have been a silent reader of this forum and it is one of the great forum to be in. Thanks to Q,Teddy, Qblog,veni , kanmani....
My priority date is 06/29/2009 and i am preparing to file I485 this feb.

Do i have to give tax indentification number for the SSN field in 485 or i have to leave it blank for dependants. My spouse is in H4 and she does not have SSN.

I had similar doubt.. but my lawyer said an ITIN is not SSN so leave blank. He added that ITIN copy will be attached in the supporting docs.

[zenmaster]

Guys - for reference and discussion purposes.

My cost of Civil Surgeon appointment: $191 per person, shots are extra if needed, shots can be billed to insurance, these expenses can be paid with HSA/FSA money.
My cost of engaging a lawyer on a personal basis $1.5K for two 485s (I have not engaged the lawyer yet, this is a quote).

Hope this will help people in decision making. Please post your experiences/cost estimates.

My company attorney has these rates : $1400 primary, $1000 dependent.
My company is going to pay 50% of total costs...
So i am gonna use my company lawyer.

[lft2hou]

Many thanks Q.


GC is for future employment. So your employer can get away with that.

But if the adjudicating officer is strict he will cross check against your current job on H1. If current job is same as future offered job (i.e. one in 140) then he could potentially raise questions or reject 485.

[June292009]

Thanks Zenmaster

[June292009]

for Shots - If you don't have insurance or insurance does not cover preventive then look for county hospitals. it will be much cheaper/free in county hospitals.

[June292009]

I found this EVL format on **'s some page. Hope this might help someone :

Another EVL for the people who are filing I485 with same employer

<Date>

Re: - Mr. < Name >Employment Verification

To whom it may concern:

This letter is to confirm that Mr.< name > has been working with our organization since < date > . Mr. < Name > is a permanent fulltime employee and his annual salary is $< has to match or greater than labor >. We intend to continue employing him upon receiving approval of his permanent resident application.

Mr. < Name > Job title will be < match job title in labor > and his duties are:

· write same duties as in labor

Please feel free to contact me if you need any further clarification

Sincerely
< HR or Manager sign>
< HR or Manager name with phone >

[2-i-485]

Hey friends!

Congrats to all those who are current and I wish the best for the ones who are hopeful.

I have both PERM and National Interest Waiver approved. Is it possible for me to file for I-485 for both? My company changed name before renewing my H-1 and my attorney wants some documentation to prove that it is a successor in interest to the previous company and wants to file an amended I-140 while submitting I-485 application. Is this a good idea or should I just pursue with NIW 485. The only catch is that I may have to stay till next July to complete five years in an underserved area which if I get lucky, I will not need with PERM. I want to apply for fellowship this year which wont start till next July anyways.

Any suggestions????

[makmohan]

Yes, you will have to sign even if you have a preparer. You forgot G325A form.
In case where it isn't necessary your attorney will tell you.

That's true. Thanks GC!

[funnysummer2005]

Hi Guys- Needed a quick answer to these small questions pls. many places in the forms ask for:
1) I-94 number- this is the number that has already been printed on the i-94 card right? basically the preprinted number on the i-94 card that you picked up at the airport? and htis number changes everytime you have entered the country right? so we need to use the number on the most recent i-94 card received while entering?

2) A number or alien registration number- firstly is A number and Alien registration number the same? and where can i find this number? On my old EAD cards that i received for OPT, i see something called INS A number- is that the same? what should i enter here please.

[Pundit Arjun]

1) You are right. Its the number printed on the most recent I94. Either the one you picked up at the airport or the one you received after a H1B extension, which ever is the latest (The number in the extension and the number received at the POE are the same).

2) I think the A number in your EAD is the one to use, but confirm with your attorney. My attorney asked me to leave it blank.


Hi Guys- Needed a quick answer to these small questions pls. many places in the forms ask for:
1) I-94 number- this is the number that has already been printed on the i-94 card right? basically the preprinted number on the i-94 card that you picked up at the airport? and htis number changes everytime you have entered the country right? so we need to use the number on the most recent i-94 card received while entering?

2) A number or alien registration number- firstly is A number and Alien registration number the same? and where can i find this number? On my old EAD cards that i received for OPT, i see something called INS A number- is that the same? what should i enter here please.

[funnysummer2005]

Thanks Arjun-

1) how can the number on the extension be the same as the one received at POE? the I-94 card received at the airport already has the i-94 number already printed on it and i just happened to pick up that card and not the one next to it. Confused here.

[Pundit Arjun]

While applying for a H1-B extension, you will specify your current I94# (the one you received at your POE), and when they approve the extension, they maintain the same I94# but just extend the validity date.

But after the extension, if you leave out of country and return, Yes, you getta new I94 #.

Sorry for the confusion :)


Thanks Arjun-

1) how can the number on the extension be the same as the one received at POE? the I-94 card received at the airport already has the i-94 number already printed on it and i just happened to pick up that card and not the one next to it. Confused here.

[funnysummer2005]

ok perfect...yeah i have traveling since getting the extension...so whatever number is printed on the last i-94 received at poe, i will use that.

thanks,



While applying for a H1-B extension, you will specify your current I94# (the one you received at your POE), and when they approve the extension, they maintain the same I94# but just extend the validity date.

But after the extension, if you leave out of country and return, Yes, you getta new I94 #.

Sorry for the confusion :)

[suninphx]

Who is eligible to get EAD? Is there any age/educational qualificatio bar?

[gc0907]

I don't think so.

Who is eligible to get EAD? Is there any age/educational qualificatio bar?

[qesehmk]

Every adult who is a primary or secondary applicant for green card, is eligible for an EAD after filing of 485.


Who is eligible to get EAD? Is there any age/educational qualificatio bar?

[suninphx]

Every adult who is a primary or secondary applicant for green card, is eligible for an EAD after filing of 485.

Thanks Q and gc0907!

[vhk2009]

Guys,

Will appreciate your answers for the following question.

What should I answer for the following question on I-765(application for EAD)?

Have you before applied for Employment Authorization?

I have done my masters here and we get EAD cards(issued during OPT). Is this the EAD card that the question is referring to or the EAD that we receive after filing AOS?

[gc0907]

I asked the same question to my attroney before filing. And he said it shouldn't matter but if I knew the dates he will include in there.
So I provided a copy of my OPT and I think he answered Yes and entered the related info.


Guys,

Will appreciate your answers for the following question.

What should I answer for the following question on I-765(application for EAD)?

Have you before applied for Employment Authorization?

I have done my masters here and we get EAD cards(issued during OPT). Is this the EAD card that the question is referring to or the EAD that we receive after filing AOS?

[vhk2009]

gc0907 - Thanks for your response.

[suninphx]

Did every one wrote name in native alphabets in form G-325A?

[gc0907]

I did.....


Did every one wrote name in native alphabets in form G-325A?

[vhk2009]

Guys,

Have a question regarding completing G-325A, Biographic Information for my spouse. My mother-in-law does not have a last name per the records. Should I just leave the maiden name blank?? Also her name is inconsistent in my wife's passport and birth certificate. I am worried if it is going to raise any issues. Say her name is PramilaKumari, it is mentioned as Pramila Kumari(making it look like first name and last name) in my wife's passport and listed as PramilaKumari(one word) in my wife's birth certificate and markscards.

Appreciate your responses.

Thanks

[Desperate8]

Guys,

Have a question regarding completing G-325A, Biographic Information for my spouse. My mother-in-law does not have a last name per the records. Should I just leave the maiden name blank?? Also her name is inconsistent in my wife's passport and birth certificate. I am worried if it is going to raise any issues. Say her name is PramilaKumari, it is mentioned as Pramila Kumari(making it look like first name and last name) in my wife's passport and listed as PramilaKumari(one word) in my wife's birth certificate and markscards.

Appreciate your responses.

Thanks

I had the same question in my mind , my mother has no maiden name and also the names were a total mismatch. When I had asked my attorney he said "NOT TO WORRY" and he said this piece of information is necessary and will be used when you will file GC for your siblings. For instance after I become a citizen , I decide to sponser my sibilings or parents then this filed is of concern where the documents produced by the sibilings should match that name.

What I did - I entered the full name I know for which I dont have any proof , may be their passports but not quite right. so i would say no worries.

[suninphx]

I had the same question in my mind , my mother has no maiden name and also the names were a total mismatch. When I had asked my attorney he said "NOT TO WORRY" and he said this piece of information is necessary and will be used when you will file GC for your siblings. For instance after I become a citizen , I decide to sponser my sibilings or parents then this filed is of concern where the documents produced by the sibilings should match that name.

What I did - I entered the full name I know for which I dont have any proof , may be their passports but not quite right. so i would say no worries.

Passports won't have maiden name . It will have name 'after' marriage isn't it?

[Pedro Gonzales]

A couple of unrelated points I wanted to make that might help some folks.

a) My lawyer's fee (NYC area) is $500 for my wife's application (My fee was higher but my company paid for that). Pretty cheap I think, especially for the NYC area, but I could only send my application in today because I was traveling in late December and then she had chicken pox for the first half of January.
b) Cheapest PHX area civil surgeon is Dr. Uma Sopori in Tempe. $200 per person.
c )It took me almost a whole week to get all the documents organized although I'd already done a lot of the leg work earlier (getting our vaccination records, correcting our birth certificates, finding and organizing our old EADs/I20s, etc), so make sure you factor in that if you want to get your application in by the 1st of the month.

[Pundit Arjun]

Pedro,I did the medicals with Concentra Medical Centers. I do see there is one in Tempe, AZ.
They just charged $191.50 per adult and $151.50 per child.

Yes, you are right. Its always better to keep the support documents ready and just work on the Medicals, I485, EAD, AP and Affidavit of Supports when eligible to file.
It took 8 business days for my family and I to complete the forms and the Medicals. We are ready now :)


A couple of unrelated points I wanted to make that might help some folks.

a) My lawyer's fee (NYC area) is $500 for my wife's application (My fee was higher but my company paid for that). Pretty cheap I think, especially for the NYC area, but I could only send my application in today because I was traveling in late December and then she had chicken pox for the first half of January.
b) Cheapest PHX area civil surgeon is Dr. Uma Sopori in Tempe. $200 per person.
c )It took me almost a whole week to get all the documents organized although I'd already done a lot of the leg work earlier (getting our vaccination records, correcting our birth certificates, finding and organizing our old EADs/I20s, etc), so make sure you factor in that if you want to get your application in by the 1st of the month.

[gc0907]

Typed-in whereever possible.
My lawyer did most of the form filling part and I just checked my information was correct.
We communicated mostly on mail for any changes. Once all was final he gave green signal to sign the forms and mail him the package.


Are you all filling the forms hand-written? or Typing combined?

[self.coach]

In the i-485 application, should the Form G-325A's Job title and Job history match what was submitted in the i-140 application and/or Perm application?

In my case, my approved Perm's job title was Computer Software Engineers, approved i-140's job title was Product Manager. Please advise.

[Pedro Gonzales]

Are you all filling the forms hand-written? or Typing combined?

I filled them out handwritten, and highlighted the fields I wasn't sure of, sent it to the lawyer who typed them in (or rather the paralegal did), filled out the parts I wasn't sure, and sent them back to me to double check, sign and send back to her to send to the USCIS


In the i-485 application, should the Form G-325A's Job title and Job history match what was submitted in the i-140 application and/or Perm application?

In my case, my approved Perm's job title was Computer Software Engineers, approved i-140's job title was Product Manager. Please advise.

My PERM and I-140 application had the same title but my lawyer specifically asked me to get the EVL with the PERM title, duties and salary.

[username]

Today my company (desi consulting co.) send me email stating that "company came to know that my priority dates are current and company will file GC (I485) for me. Before company file my GC (I485) I have to sign a contract with them (they have email me 19 page legal (lawyer) contract). Company GC contract state that if I leave company in 18 months after filing my I485 than I have to pay $25,000/- (cost for filing my I485) to company and other bla..bla..bla.."

I was luck to know all this kind of things from senior(old) H1B friends. Taking there advice I had filed my I485 by my own lawyer without letting company know.

Reason I am posting this here is my other friend working for desi consulting also received similar letter from his company.

[self.coach]

Once you get your greencard, check with your lawyer to see if you can sue them for inappropriate practices. If not for money, for justice - bring the mofos down!

PS - my wife had complained about labor practices of her company in the Department of Labor because they would not pay her dues after she resigned. The DOL was supportive and she recieved all the money back. The DOL had asked if any inappropriate practices had prevailed in the company and my wife had the chance to bring them down, but our main issue was the money that was due so we just stuck to that.


Today my company (desi consulting co.) send me email stating that "company came to know that my priority dates are current and company will file GC (I485) for me. Before company file my GC (I485) I have to sign a contract with them (they have email me 19 page legal (lawyer) contract). Company GC contract state that if I leave company in 18 months after filing my I485 than I have to pay $25,000/- (cost for filing my I485) to company and other bla..bla..bla.."

I was luck to know all this kind of things from senior(old) H1B friends. Taking there advice I had filed my I485 by my own lawyer without letting company know.

Reason I am posting this here is my other friend working for desi consulting also received similar letter from his company.

[username]

Once you get your greencard, check with your lawyer to see if you can sue them for inappropriate practices. If not for money, for justice - bring the mofos down!

I don't want to do this because my company have approx 150+ H1Bs. I don't want to screw there GC process. Infact I would spread company name and company directors name on forums. Just wait for few more months to come...

[self.coach]

Why would others be affected? Anyways, I am glad you are on top of and in control of your situation. What they did just made me very angry.

I don't want to do this because my company have approx 150+ H1Bs. I don't want to screw there GC process. Infact I would spread company name and company directors name on forums. Just wait for few more months to come...

[self.coach]

My PERM and I-140 application had the same title but my lawyer specifically asked me to get the EVL with the PERM title, duties and salary.

Hmm..my lawyer has told me this:
Although the PERM application indicates that your job title since this date was Software Engineer, the I-140 application indicates that your job title has continuously been Product Manager. It is suggested that we follow what's written on the I-140 application and will display the information on the G-325A accordingly.

[suninphx]

Are you all filling the forms hand-written? or Typing combined?

Typed and hand written combination should not be a problem IMO. Important thing is there should not be any 'whitener etc' used to correcting the entries.

[suninphx]

Learnt that attorney is going to prepare the 'originals' exactly as Pedro's case.

Yeah that's thats case for most of us I believe.

[June292009]

Do we have to submit 3 sets of I-94, I797 , other supporting docuemnts with I485 applications ?. One for each I485, EAD, AP , or just one set is fine.
Some attorney's are asking for 1 set and some are asking for 3 sets. Please advice.

[Pundit Arjun]

Do we have to submit 3 sets of I-94, I797 , other supporting docuemnts with I485 applications ?. One for each I485, EAD, AP , or just one set is fine.
Some attorney's are asking for 1 set and some are asking for 3 sets. Please advice.

It should be 3 sets. My attorney asked me 3 sets (Me, MyWife and Daughter), buddy.

[randomax]

Guys, it seems that most of the documentation required for 485 can be secured fairly quickly except for birth certificates and the medical exam? Am I correct in assuming this? Also, is there an acceptable time frame for the medical exam? What if I get it done 2 months before filing for 485? thanks.

[Pundit Arjun]

Randomax,

Forget the medicals and get the other documents in line and be ready. Ramchan & Nishant has pretty much summed up all the required supporting documents.
Check the posts #1 and #19 in this forum for the document list.

You can get the medicals done as soon as you are eligible to get 485. But get your vaccination records in place. Good luck :)

The medicals are valid only for 1 year and you can get an appointment within a week (MAX). I got an appointment in a day.

Guys, it seems that most of the documentation required for 485 can be secured fairly quickly except for birth certificates and the medical exam? Am I correct in assuming this? Also, is there an acceptable time frame for the medical exam? What if I get it done 2 months before filing for 485? thanks.

[zenmaster]

For G-325A Question on mother's last name, what did you guys mention ? It asks for maiden name, so should we be giving mother's last name before her marriage ? Or is this another trick question in USCIS forms :( ?
I also got puzzled by question like " Class of Admission" on I-131. For me i last entered US on F1 but later status changed to H1B. I thought F1 would be right answer, but lawyer says NO. H1B is right answer. What USCIS really wants to ask is the current status. :(

[gc0907]

Yes MaidenName = Name before Marriage. It could be both First and Last name as in some parts on India they even change Firstname after marriage.


For G-325A Question on mother's last name, what did you guys mention ? It asks for maiden name, so should we be giving mother's last name before her marriage ? Or is this another trick question in USCIS forms :( ?
I also got puzzled by question like " Class of Admission" on I-131. For me i last entered US on F1 but later status changed to H1B. I thought F1 would be right answer, but lawyer says NO. H1B is right answer. What USCIS really wants to ask is the current status. :(

[zenmaster]

Yes MaidenName = Name before Marriage. It could be both First and Last name as in some parts on India they even change Firstname after marriage.

Thanks gc0907 !

[zenmaster]

Finally mailed all documents(signed forms/pp photos/marriage photos/medicals) to the lawyer.
Will see when they file...
I am not keeping any hopes on 1st Feb filing. They have been awfully slow for PERM/140 filings...

[randomax]

thanks for the quick response. I have a birth certificate related follow up question. It seems that only the first name of my parents is appearing on my birth certificate even though my name includes the last name. Is this going to be an issue? thanks.


Randomax,

Forget the medicals and get the other documents in line and be ready. Ramchan & Nishant has pretty much summed up all the required supporting documents.
Check the posts #1 and #19 in this forum for the document list.

You can get the medicals done as soon as you are eligible to get 485. But get your vaccination records in place. Good luck :)

The medicals are valid only for 1 year and you can get an appointment within a week (MAX). I got an appointment in a day.

[Pundit Arjun]

thanks for the quick response. I have a birth certificate related follow up question. It seems that only the first name of my parents is appearing on my birth certificate even though my name includes the last name. Is this going to be an issue? thanks.

My spouse and my birth certificate had the first names of our parents only. The attorney said that its not an issue since our names are actually expanded. However, we asked our parents to get the birth certificates with their last names included. We couldnt do that for our marriage certificate though (the officer was lazy and said that the last initial is enough).

Anyways, as long as your name is fully expanded and clear, I dont see a major issue (just like my attorney said). Check with your attorney also.

[zenmaster]

Zenmaster

Please make sure your application reaches USCIS on or after Feb1. Alert you attorney that your PD is current from Feb 1

Last month, many applications were mistakenly prefiled by the attorneys during this batch by batch PD movement. There is a special thread in trackitt for these prefilers.

Oh boy ! That would be so bad.
Anyways, thanks Kanmani... I'll make sure they don't mail early.
By any chance are you able to find that trackitt link you were referring to ? Just curious to know why people made those mistakes

[randomax]

thanks for the quick response!


My spouse and my birth certificate had the first names of our parents only. The attorney said that its not an issue since our names are actually expanded. However, we asked our parents to get the birth certificates with their last names included. We couldnt do that for our marriage certificate though (the officer was lazy and said that the last initial is enough).

Anyways, as long as your name is fully expanded and clear, I dont see a major issue (just like my attorney said). Check with your attorney also.

[June292009]

It should be 3 sets. My attorney asked me 3 sets (Me, MyWife and Daughter), buddy.

Thanks Arjun. What will be filing fee for kid under 14 years of age. Is it $1070 or $635.

[Pundit Arjun]

$635 seems to be the amount (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b1ae408b1c4b3210VgnVCM100000b92ca60aRCR D&vgnextchannel=b1ae408b1c4b3210VgnVCM100000b92ca60a RCRD) for the kid.


Thanks Arjun. What will be filing fee for kid under 14 years of age. Is it $1070 or $635.

[June292009]

$635 seems to be the amount (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b1ae408b1c4b3210VgnVCM100000b92ca60aRCR D&vgnextchannel=b1ae408b1c4b3210VgnVCM100000b92ca60a RCRD) for the kid.

Thanks Again.

[suninphx]

$635 seems to be the amount (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b1ae408b1c4b3210VgnVCM100000b92ca60aRCR D&vgnextchannel=b1ae408b1c4b3210VgnVCM100000b92ca60a RCRD) for the kid.
Question - if primary moves to EAD then in which status dependents are till they travel outside of US. Also in above case if they travel outside US and use AP to come back every one will be in parolee status right? ( even if primary chose to use H1 as work authorization?)

[Pundit Arjun]

Sorry, Sun. I have no idea :( . Lets wait for the response from other folks...


Question - if primary moves to EAD then in which status dependents are till they travel outside of US. Also in above case if they travel outside US and use AP to come back every one will be in parolee status right? ( even if primary chose to use H1 as work authorization?)

[waiting]

I-485 question --- when you file for I-485 - does your passport need to be vaild for +6 months?

[username]

I-485 question --- when you file for I-485 - does your passport need to be vaild for +6 months? - That's not true.

But it is always advisable to have passport validity for more than 6+ months all the time...

[gc0907]

Dependents depends on primary and not the opposite in case of H1(primary) and H4(dependent). Dependents actually have their own status. Say primary and dependents both are on H1 then if dependent uses AP then he/she becomes parolee and I doubt in any way primary becomes parolee.

So logically I think the dependent's status shouldn't affect primary's status.

This is only my understading and I don't have any source to back it.

What did your attorney say?


Question - if primary moves to EAD then in which status dependents are till they travel outside of US. Also in above case if they travel outside US and use AP to come back every one will be in parolee status right? ( even if primary chose to use H1 as work authorization?)

[suninphx]

Dependents depends on primary and not the opposite in case of H1(primary) and H4(dependent). Dependents actually have their own status. Say primary and dependents both are on H1 then if dependent uses AP then he/she becomes parolee and I doubt in any way primary becomes parolee.

So logically I think the dependent's status shouldn't affect primary's status.

This is only my understading and I don't have any source to back it.

What did your attorney say?

Thanks!

I was checking that for one of my friend. He is consulting his attorney and I will post here what attorney says.
This is what my friend is planning to do:
Once he gets EAD/AP he wants to move to another client. He then is planning to go to India in May and then come back using AP and continue using H1 as work authorization(not EAD). I dont know what advantages/disadvantages with this as I not started digging into those details yet.

[gc0907]

May be the links here (http://www.qesehmk.org/forums/showthread.php?294-Travelling-on-AP-v-s-H1-L1)may be helpful as well...


Thanks!

I was checking that for one of my friend. He is consulting his attorney and I will post here what attorney says.
This is what my friend is planning to do:
Once he gets EAD/AP he wants to move to another client. He then is planning to go to India in May and then come back using AP and continue using H1 as work authorization(not EAD). I dont know what advantages/disadvantages with this as I not started digging into those details yet.

[suninphx]

May be the links here (http://www.qesehmk.org/forums/showthread.php?294-Travelling-on-AP-v-s-H1-L1)may be helpful as well...

This is really good information. Thanks again!

[zenmaster]

Zenmaster

Please make sure your application reaches USCIS on or after Feb1. Alert you attorney that your PD is current from Feb 1

Last month, many applications were mistakenly prefiled by the attorneys during this batch by batch PD movement. There is a special thread in trackitt for these prefilers.

As expected, so far law firm has been waiting for evl/fees check from employer.
Employer says he didn't get asked by law firm...
Deadlocks as expected...
I am atleast glad that i am following up on both of them(I hope to be able to file by end of next week :( )

Why do para-legals act as if they were the Lords of All Creations ????????? !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[skpanda]

I hope the storm comes on Feb 3rd (so that we do nto have to spend a agonizing weekend). Also I hope it moves atleast 6 months.


Its the calm before the storm that is to come on Feb 3.

[kkruna]

I hope the storm comes on Feb 3rd (so that we do nto have to spend a agonizing weekend). Also I hope it moves atleast 6 months.

Is it likely to come on 3rd or 10th?

[veni001]

Is it likely to come on 3rd or 10th?

Lest likely by Feb 3rd, but certainly by Feb 10th.

[kd2008]

Q, any news from your source on VB?

[qesehmk]

Our source is not in touch with last 2-3 months. But now that CO's number is publicly available, anybody can pick up the phone and talk to him. I hear he is a nice guy.


Q, any news from your source on VB?

[vishnu]

Q - are you being sarcastic ;)

[kd2008]

http://www.dhs.gov/ynews/fact-sheets/20120131-dhs-retain-highly-skilled-immigrants.shtm


DHS Reforms To Attract And Retain Highly Skilled Immigrants

Release Date: January 31, 2012

The President is deeply committed to fixing our broken immigration system so that it meets our 21st century national security and economic needs. As a part of comprehensive immigration reform, the President supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness here in the U.S., including creating a "Startup Visa," strengthening the H-1B program, and "stapling" green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields. Together these actions would help attract new businesses and new investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world. In the meantime, the Obama Administration is working to make improvements in the areas where we can make a difference.

As part of these ongoing efforts and in recognition of the one-year anniversary of the White House Startup America Initiative, the Department of Homeland Security today announced a series of administrative reforms which will be completed in the future. These reforms reflect the Administration's continuing commitment to attracting and retaining highly-skilled immigrants. These efforts are critical to continuing our economic recovery and encouraging job creation.

In last week's State of the Union, President Obama noted that "Innovation is what America has always been about. Most new jobs are created in start-ups and small businesses." He also stated in his remarks in El Paso last May, "In recent years, a full 25 percent of high-tech startups in the United States were founded by immigrants, leading to more than 200,000 jobs in America." Echoing this, the President's Council on Jobs and Competitiveness stated in its recent report, "Highly skilled immigrants create jobs, they donÕt take jobs." The initiatives described below will serve to make the United States more attractive to highly-skilled foreign students and workers, thereby improving the competitiveness of U.S. companies in the world market and stimulating U.S. job creation.

Expand eligibility for 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).

Presently, an F-1 student may only engage in optional practical training (OPT) for 12 months. F-1 students who graduate in programs of study classified as STEM can obtain a 17-month extension of OPT as part of their F-1 status if the degree they were conferred is included on the DHS list of eligible STEM degree programs. This proposed change would expand eligibility for extension of OPT by including students with a STEM degree that is not the most recent degree the student has received. Furthermore, because of the dynamic nature of STEM related education and training, DHS will continue to review emerging fields for possible inclusion in the list of eligible STEM degree programs.

Allow for additional part-time study for spouses of F-1 students and expand the number of Designated School Officials (DSOs) at schools certified by DHS to enroll international students.

This regulatory reform would allow spouses of F-1 students to enroll in additional academic classes on a part-time basis while their spouse is pursuing full-time studies. Presently, under the current regulation, spouses may only take part-time vocational or recreational classes. Schools would also be given increased flexibility to determine the number of DSOs needed at their institution to meet both the administrative and guidance needs of students.

Provide work authorization for spouses of certain H-1B holders.

This proposed change to the current DHS regulation would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her adjustment of status application to be adjudicated. Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent resident status through employment after meeting a minimum period of H-1B status in the U.S. This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.

Allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.

This proposed change to the current DHS regulation would increase the types of evidence that employers can submit to demonstrate that a professor or researcher is among the very best in their field. Presently, applicants for the employment-based immigrant visa category of "outstanding professors and researchers" are limited to specific types of evidence listed by regulation. This would allow "comparable evidence" beyond the specifically articulated regulatory list. This change will harmonize the evidentiary standard for this category with the other exceptional ability immigrant visa categories.

Harmonize rules to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.

This proposed regulation would treat E-3 and H-1B1 visa holders the same as other employment-based H-1B and L-1 visa holders by allowing them to continue employment with their current employer for up to 240 days from the expiration of their authorized period of stay, if a petition to extend their status has been timely filed.

Launch Entrepreneurs in Residence initiative

On February 22, 2012, USCIS will launch its Entrepreneurs in Residence initiative with an Information Summit in Silicon Valley, CA, that will bring together high-level representatives from the entrepreneurial community, academia, and federal government agencies to discuss how to maximize current immigration laws' potential to attract foreign entrepreneurial talent. The Entrepreneurs in Residence initiative builds upon DHS's August announcement of efforts to promote startup enterprises and spur job creation. The Information Summit will focus on ensuring that immigration pathways for foreign entrepreneurs are clear and consistent, and better reflect today's business realities. The Summit will include a special recognition of outstanding contributions made by immigrant entrepreneurs to our nation's economic growth and prosperity. The input gathered at the summit will inform the work of the Entrepreneurs in Residence tactical team, which will bring business experts in-house to work alongside USCIS staff for a period of approximately 90 days. Following the summit, the tactical team will convene in Washington, DC to begin its work. To learn more about the summit, please visit Entrepreneurs in Residence Information Summit.

This page was last reviewed/modified on January 31, 2012.

[zenmaster]

Zenmaster
Looking at the current trend, it looks like RD really matters. Hurry up.
We have sent our package to the attorney ( including uscis checks ). Attorney has assured that they will file as soon as possible.

I agree Kanmani.
All my signed docs already reached laywer's place on 24th jan.
Its funny how law firm, even though being my employer's official law firm, still wants to wait for the check from employer before filing.
Employer sent email to law firm confirming that he is sending the check right away.

I hope this is my last encounter with these Lords of all creations...... Oh i hate them so much...

[ravisekhar]

My details are below

ASC : Oakland,CA for fingerprinting
SC : TSC
PD: 01/10/2008
MD: 11/30/2011
RD: 12/01/2011
ND: 12/14/2011
FP ND : 01/10/2012
FP Appointment Date: 2/07/2012
Primary EAD/AP: Initial Review.
SPOUSE EAD/AP: Received Email Approval on 02/01/2012

[gc0907]

Refresh your 485 basics: FAQ by Murthy: http://www.murthy.com/485faq.html

[vhk2009]

Hi,

My PD is Mar 2009 and became current in the Feb bulletin. My application is yet to be filed by our law firm(FRAGOMEN). I will be surprised if it even filed in Feb because my colleage's application with PD Aug 2008 is yet to be filed. The response that
we get from Fragomen is that it will be filed shortly but weeks pass by. Is anyone else having similar experience with Fragomen..Thanks for sharing your experience.

[zenmaster]

Finally, my application was mailed today to TSC, Lewisville TX. :)
PD : May'09

[zenmaster]

Hey guys,

It's my turn to ask a question now.

We may decide to file our application later this year. I got my birth certificate from my dad recently. It mentions just my first name, and my dad's full name. I also have a school leaving certificate that mentions my full name.

Are these two documents enough at the time of application?

Hi Sportsfan,

Yes. I think your documentation is good.
I think it is best, not to submit a whole lot of additional affidavits etc.. unless really needed for.
Keeping the application simple may have its own advantages. If they really need something, they can surely ask via rfe.. which in recent time have turned out to be good. as soon as rfe is satisfied, 485 has great chance to get approved.
Hope this helps.

[nupami]

Fragoman is my company's law firm as well.
Are you following up regularly with the attorney? Also, you should push your company's immigration department as well.
My PD also also became current in the Feb bulletin, but as expected, Fragoman is moving very very slow. They seem to think that we will be fine as long as AoS is filed before 29th Feb. I am pushing them to file ASAP.


Hi,

My PD is Mar 2009 and became current in the Feb bulletin. My application is yet to be filed by our law firm(FRAGOMEN). I will be surprised if it even filed in Feb because my colleage's application with PD Aug 2008 is yet to be filed. The response that
we get from Fragomen is that it will be filed shortly but weeks pass by. Is anyone else having similar experience with Fragomen..Thanks for sharing your experience.

[harapatta]

I am in process to file my 485 and when filling out the form i can see the telephone number but don't see anywhere to put EMAIL address, and when reading through several blogs lot of people get email confirmations....am i missing something?

[gc0907]

You will have to register on USCIS website. (https://egov.uscis.gov/cris/jsps/selectusertype.jsp)
Once you get your receipts add the case to your portfolio and select the email/text notification options.

Also you can file this form in addition to above: G-1145 (http://www.uscis.gov/files/form/g-1145.pdf)

I am in process to file my 485 and when filling out the form i can see the telephone number but don't see anywhere to put EMAIL address, and when reading through several blogs lot of people get email confirmations....am i missing something?

[kuku82]

Guys, I had a basic question regarding the medical exams step for I-485. Do I need to get any certificates/vaccine records from India? Or is it something that the civil surgeon will check when I get an appointment?

[gc0907]

You will need the vaccination records. If you don't have one you have two options: 1: Take the vaccines again here or 2) Ask your physician to run a titer to check you are immune against the said diseases and don't require those vaccines.

Check this thread (http://www.qesehmk.org/forums/showthread.php?222-I-693-Medical-Exam-and-Vaccinations-when-applying-for-Green-Card-(I-485)).

Guys, I had a basic question regarding the medical exams step for I-485. Do I need to get any certificates/vaccine records from India? Or is it something that the civil surgeon will check when I get an appointment?

[kuku82]

Thanks! Much appreciated!


You will need the vaccination records. If you don't have one you have two options: 1: Take the vaccines again here or 2) Ask your physician to run a titer to check you are immune against the said diseases and don't require those vaccines.

Check this thread (http://www.qesehmk.org/forums/showthread.php?222-I-693-Medical-Exam-and-Vaccinations-when-applying-for-Green-Card-(I-485)).

[shekhar_kuruk]

Filing I-485 for Spouse:
I am getting ready to file I-485 for my wife, I am preparing all the required forms. I talked to my lawyer and she told to attach a copy of my I-485 receipt, which I am doing. Do I need to attach a copy of my I-140 approval ? Also do I need to file form I-134? Any help is appreciated. Thanks.

[civilengineer]

The lawyer that my company uses charges $1850 in fees for my spouse's initial I-485 petition. That is in addition to the $1070 filing fee. My company pays for mine. Is it generally best to go with the same company for filing my petition and my spouse's when we become current? Also, is the price ($1850) too high or average? Thanks.

[Kanmani]

The lawyer that my company uses charges $1850 in fees for my spouse's initial I-485 petition. That is in addition to the $1070 filing fee. My company pays for mine. Is it generally best to go with the same company for filing my petition and my spouse's when we become current? Also, is the price ($1850) too high or average? Thanks.

The filing fees quoted is average in my opinion. In general, immigration expenditure related to dependents are not covered by the employer.

[shekhar_kuruk]

The lawyer that my company uses charges $1850 in fees for my spouse's initial I-485 petition. That is in addition to the $1070 filing fee. My company pays for mine. Is it generally best to go with the same company for filing my petition and my spouse's when we become current? Also, is the price ($1850) too high or average? Thanks.
I think they are on the higher sides, my company's lawyer was asking around $1200, so I decided to file my spouse's initial I-485 petition and save the money. It only took a couple of hours, since the lawyer would not let me put the petition in the same package as mine, I had to wait for my receipt to file it. But other than that it was easy to do. I also did receive a RFE for my spouse's BC, which I had to reply on my own without my lawyer's help.

[Kanmani]

civilengineer,

I am sorry. I misread your post . I thought $1850 includes the USCIS fees. $1850 is on the higher end. 750-1000 is good. You try to negotiate, or else you may file on your own with a little help from experienced hands. Good luck!

[Jagan01]

Hi Gurus,

Can someone please tell me what is done as part of the medical examination for filing I-485. I need to make sure that I can file I-485 this time around.

I read the following in some earlier post:
"N. INS Medical examination must be completed by an INS authorized
Physician – Attachments sent for you and your wife"

Are there any immunizations that need to be taken. Just trying to ensure that I do not miss the boat. My colleague mentioned that he was not immunized and then had to take injections over a span of 6 months to get immunized. Please provide feedback.

[Jagan01]

Hi Gurus,

Can someone please tell me what is done as part of the medical examination for filing I-485. I need to make sure that I can file I-485 this time around.

I read the following in some earlier post:
"N. INS Medical examination must be completed by an INS authorized
Physician – Attachments sent for you and your wife"

Are there any immunizations that need to be taken. Just trying to ensure that I do not miss the boat. My colleague mentioned that he was not immunized and then had to take injections over a span of 6 months to get immunized. Please provide feedback.


Got it. Thanks! :)

Hi Gurus,

Please help me. I have posted in the I-485 forum but also posting here as I am worried that I might miss out the boat this time as well.

Can someone please advise about the steps to be taken by a first time filer. I need to know when should I do the medicals. What if vaccinations are required.
1. Should my wife and myself get tested right now for all the things asked under I-693?
2. Regarding the vaccinations, how do you prove that you had taken those as kids ?

[civilengineer]

Do lawyers charge extra for EAD and AP apart from I-485? My lawyer wants $1850 for I-485 filing, $830 for EAD+AP, for a total legal fee of $2650 and that does not include the $1070 filing fee. So, the total for each person is $3720

[imdeng]

Obviously this depends on the lawyer/location/case - there is no set price table. If you are not happy with the price vs value offered - then get in touch with other immigration attorneys in your area and ask about their prices. I personally think that the prices quoted for you are indeed on the higher side - but then my reference point is a small midwest city, small law firm and a kinda clean case in 2012. Your circumstances may be quite difference.


Do lawyers charge extra for EAD and AP apart from I-485? My lawyer wants $1850 for I-485 filing, $830 for EAD+AP, for a total legal fee of $2650 and that does not include the $1070 filing fee. So, the total for each person is $3720

[imdeng]

Jagan - we had a pretty extensive discussion about I-693 at the time of the mega inventory buildup. Look it up. The process is a simple one. Call local Urgent Care providers - they (at least in my area) are quite familiar with I-693 requirements and are also quite quick. Only thing that takes time (a day IIRC) is the TB skin test.


Hi Gurus,

Please help me. I have posted in the I-485 forum but also posting here as I am worried that I might miss out the boat this time as well.

Can someone please advise about the steps to be taken by a first time filer. I need to know when should I do the medicals. What if vaccinations are required.
1. Should my wife and myself get tested right now for all the things asked under I-693?
2. Regarding the vaccinations, how do you prove that you had taken those as kids ?

[rs3533]

Hi Guys

Question for the experts.

I am planning to change the attorney from the one who filed my I-40 and got it approved to a new one. This is because existing attorney delay things because he is very busy and new attorney is cheap and yet provides good service. Do I have to be careful about anything?

Would my existing attorney cause me any trouble in future?

[Jagan01]

Hi Gurus,

I have asked this earlier but had an update to share. Please let me know your inputs.

My company's law firm is one of the biggest in the area. My case was with one attorney under that firm and he mentioned that when my date becomes current, my wife will have to switch from F1 to H4 before filling I-485. Few months have gone by and that attorney left the law firm and my case was handed to a new attorney at the same law firm. The new attorney says that it is fine to file for my wife's I-485 while she is on F1. My wife is currently on OPT and I am confused about the process ahead. Have received two contradicting views from two attorneys at the same law firm.

What are your opinion on this. My wife is currently on OPT which expires in Jan 2015. We wud most likely have my EAD by then (PD Jan 2009) if we get to apply this FY. Let me know ur opinions.

I would also like to know if any one of you have had consultation with lawyers. I am looking for some good references so that I can discuss my situation with those lawyers.

[shekhar_kuruk]

Jagan,
In your wife's case she can file for AOS when she is on F1(no need to change status to H4), so the new attorney is correct. Good luck.


Hi Gurus,

I have asked this earlier but had an update to share. Please let me know your inputs.

My company's law firm is one of the biggest in the area. My case was with one attorney under that firm and he mentioned that when my date becomes current, my wife will have to switch from F1 to H4 before filling I-485. Few months have gone by and that attorney left the law firm and my case was handed to a new attorney at the same law firm. The new attorney says that it is fine to file for my wife's I-485 while she is on F1. My wife is currently on OPT and I am confused about the process ahead. Have received two contradicting views from two attorneys at the same law firm.

What are your opinion on this. My wife is currently on OPT which expires in Jan 2015. We wud most likely have my EAD by then (PD Jan 2009) if we get to apply this FY. Let me know ur opinions.

I would also like to know if any one of you have had consultation with lawyers. I am looking for some good references so that I can discuss my situation with those lawyers.

[imdeng]

AFAIK there is no requirement for a dependent to be necessarily on a dependent visa (H4). Dependent can be legally in the country on their own visa. In my case my wife was on H1B when we applied. She shifted on EAD after we got it in 2012. So I believe you can go forward with 485 filing with her on F1.

OTOH - F1 is a Non-Intent visa - that is - you have to show that you do not intend to immigrate (as opposed to H1B where intent is fine). That might be the reason why the first attorney might have suggested changing to H4. Prudent thing to do would be to go ahead with 485 filing with her on F1 - but not do things like visa renewal or overseas travel until you have EAD/AP in hand.

Hi Gurus,

I have asked this earlier but had an update to share. Please let me know your inputs.

My company's law firm is one of the biggest in the area. My case was with one attorney under that firm and he mentioned that when my date becomes current, my wife will have to switch from F1 to H4 before filling I-485. Few months have gone by and that attorney left the law firm and my case was handed to a new attorney at the same law firm. The new attorney says that it is fine to file for my wife's I-485 while she is on F1. My wife is currently on OPT and I am confused about the process ahead. Have received two contradicting views from two attorneys at the same law firm.

What are your opinion on this. My wife is currently on OPT which expires in Jan 2015. We wud most likely have my EAD by then (PD Jan 2009) if we get to apply this FY. Let me know ur opinions.

I would also like to know if any one of you have had consultation with lawyers. I am looking for some good references so that I can discuss my situation with those lawyers.

[qesehmk]

Jagan

Adjustment of status is just that. Adjust of Status.

It can adjust from any non-immigrant status into an immigrant one.

The first lawyer was either wrong or greedy.


Hi Gurus,

I have asked this earlier but had an update to share. Please let me know your inputs.

My company's law firm is one of the biggest in the area. My case was with one attorney under that firm and he mentioned that when my date becomes current, my wife will have to switch from F1 to H4 before filling I-485. Few months have gone by and that attorney left the law firm and my case was handed to a new attorney at the same law firm. The new attorney says that it is fine to file for my wife's I-485 while she is on F1. My wife is currently on OPT and I am confused about the process ahead. Have received two contradicting views from two attorneys at the same law firm.

What are your opinion on this. My wife is currently on OPT which expires in Jan 2015. We wud most likely have my EAD by then (PD Jan 2009) if we get to apply this FY. Let me know ur opinions.

I would also like to know if any one of you have had consultation with lawyers. I am looking for some good references so that I can discuss my situation with those lawyers.

[Spectator]

Hi Gurus,

I have asked this earlier but had an update to share. Please let me know your inputs.

My company's law firm is one of the biggest in the area. My case was with one attorney under that firm and he mentioned that when my date becomes current, my wife will have to switch from F1 to H4 before filling I-485. Few months have gone by and that attorney left the law firm and my case was handed to a new attorney at the same law firm. The new attorney says that it is fine to file for my wife's I-485 while she is on F1. My wife is currently on OPT and I am confused about the process ahead. Have received two contradicting views from two attorneys at the same law firm.

What are your opinion on this. My wife is currently on OPT which expires in Jan 2015. We wud most likely have my EAD by then (PD Jan 2009) if we get to apply this FY. Let me know ur opinions.

I would also like to know if any one of you have had consultation with lawyers. I am looking for some good references so that I can discuss my situation with those lawyers.I would agree with imdeng and Q.

Being in F-1 status is not a bar to filing an I-485.

However, once she has done so, she has demonstrated immigrant intent and there is the possibility of difficulties in renewing the F-1 visa at the consulate.

It's clear even lawyers cannot agree.

[qesehmk]

Spec

My wife got her F1 stamped in India when our GC was already filed. That time she also held an H4 which is a dual intent one.

So I guess the cliche of showing immigrant intent is harmful for obtaining non-immigrant visa is only true for first time visa application.

If somebody has gotten multiple visas (even if never a dual intent one) then having shown immigration intent is not quite harmful.

What do you think?

p.s. - Just to expand that a bit further.... one has to look at the genesis of this philosophy. Americans don't like the idea of supporting immigrants on government money. As a matter of fact they don't like supporting anybody on govt. money. So when somebody is trying to come to US first time on a non-immigrant visa with immigration intent then obviously it is a red flag because many times a person in US even on non immigrant visa has many more rights that s/he may not enjoy even in his/her home country.

Now if one already had that opportunity to come here and suck the blood out of the system (and trust me I have personally seen such suckers) and then not done that, then there is a good chance that the person is genuinely asking for non-immigrant visa. I think that's what the state dept thinks and so the second time they are super easy to grant a visa.

Talking about my own experience - I always had a very nice weather related conversation with visa officers in mumbai - although I just hated the whole experience which was absolutely humiliating. But some of that is good old India. Sometimes I think Americans on their first trip to India must be appalled how undignified treatment Indians give to each other.


I would agree with imdeng and Q.

Being in F-1 status is not a bar to filing an I-485.

However, once she has done so, she has demonstrated immigrant intent and is unlikely to be granted another F-1 visa at the consulate.

[Spectator]

I totally agree that is how it should be i.e. taking the totality of the circumstances into account. If someone is already living there and could do so in another visa class, it's totally absurd to deny one type of visa over another.

I'm pretty sure I have seen posts where even lawyers have raised concerns. That involves memory, which might not be so reliable these days. :)

Possibly it comes down to interpretation by individual Consular Officers (which is an uncertain thing), who seem to have a wide range of latitude and opinions. The law seems to be written deliberately vague, so it may well be a lawyer interpretation issue as well.

I'm certainly glad to hear that it can be done.

I have no direct experience, so I think it is better to defer to your own personal experiences.

I would still say that I would not attempt to renew an F-1 visa, having filed an I-485, without having the backup of another visa class or Advance Parole with which to return to the USA.

[qesehmk]

I would still say that I would not attempt to renew an F-1 visa, having filed an I-485, without having the backup of another visa class or Advance Parole with which to return to the USA.
I think that's a good bottomline of this conversation!

[Jagan01]

Q, Spec and imdeng,

Thanks a lot for your replies. I feel so relaxed. I got different opinion form diff lawyers but when the advice comes from people like you at this forum then it is very assuring. Thanks again. It means a lot.

I will go ahead and file the I-485 for my wife while she is on F1 status.