Prepare to file I485

[Ramchan]

As the dates are expected to move fast for the next few months, lets prepare for the documents required to file 485.

The following is a generic list of documents required for applying for 485/AoS application:

Form I-485
Birth Certificate
Copy of Passport page with nonimmigrant visa
Color photographs as per new guidelines
Fingerprints ( USCIS will notify when and where to provide finger Print)
Fee : Non refundable Fee: $985( Effective Nov, 23, 2010) by check or money order
Form G-325A, Biographic Information (for those between the ages of 14 and 79 years)
Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.
Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available)
Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be completed by the USCIS authorized physician)
Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you.
Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending)
Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending)
You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case.

Please add if missing anything.

[soggadu]

very well listed...one request though...can you/some1 put a copy of affidavit for birth certificate? and how many do we need?



As the dates are expected to move fast for the next few months, lets prepare for the documents required to file 485.

The following is a generic list of documents required for applying for 485/AoS application:

Form I-485
Birth Certificate
Copy of Passport page with nonimmigrant visa
Color photographs as per new guidelines
Fingerprints ( USCIS will notify when and where to provide finger Print)
Fee : Non refundable Fee: $985( Effective Nov, 23, 2010) by check or money order
Form G-325A, Biographic Information (for those between the ages of 14 and 79 years)
Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.
Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by INS (As of July 31, 2002, an interim rule published in the Federal Register allows for concurrent filing of Form I-485 with Form I-140, if a visa number is immediately available)
Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be completed by the USCIS authorized physician)
Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you.
Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending)
Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending)
You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case.

Please add if missing anything.

[venoo_d]

My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

[cbpds1]

she has to be in US at the time of filing.


My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

[superdesi2100]

My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

she has to be in the US. You may want her to apply for H4 (if you are on H1b). Let her enter the US on H4 and then apply for AOS. That way she will get an EAD and AP... otherwise she will have to apply for an immigrant visa at a US Consulate in India.

[kolugc]

I might be wrong, but what I believe is you should here to apply for 485, so your wife should be here. If she got her passport back from Chennai embassy, why don't you sent her for H4 and get that stamped and get her here by Nov 1st - Nov 30th and then apply for 485 that way.



My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

[nishant2200]

I frankly on this want to say that contacting an immigration lawyer is best option.


My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.

[qesehmk]

I think she can apply for AOS while you can opt for 485.

To file 485 she needs to be in US which means her H4 needs to come through.

Worst case is your 485 is approved and then she applies for hers based on your GC. But most likely things should be sorted out much before that.



My date is current wife stuck in India, she went for H1B stamping got 221G

My priority date is 29Aug2007, EB2 India, my date is current as of November visa bulletin.
My wife went to India and attended for visa stamping in Hyderabad consulate on 10th August 2011, she got 221(G) yellow slip, admin process, visa officer retained her passport, asked to submit additional document, she submitted the documents, it is already 2 months of waiting, no response from consulate.
My question is can we apply i-485 both of us, while she is in India, I am In USA? Or she must be in USA to apply i-485.
Could you please help me what is my best option.


Hi All,

Congratulations to all of you who got current and wish good luck to others.

My situation:
My priority date will be current from Nov 1 and I am in US and will be submitting my 485 application. My question is I need to travel to CANADA in first week of November by land and have a valid visa and I-94. My question is do you have any idea how travel affects the application considering that my I-94 will remain as i am leaving and entering by Land.

It will be great if you guys can share your thoughts on this. Thanks for your help.

I don't see any problem. H1 is dual intent so even if you are travelling on H1, its not a problem.

[mygctracker]

Q/Veni,

I have a silly question, I know the answer, but wanted to ask anyway... Do we have to mention our daughter's name (who is US citizen) in mine or my spouse's I-485 packet anywhere??? Are there any separate forms needed to fill?? Please clarify.

Thanks.

[qesehmk]

Unless they ask for... not required. I dont think i ever mentioned that in any of those forms.


Q/Veni,

I have a silly question, I know the answer, but wanted to ask anyway... Do we have to mention our daughter's name (who is US citizen) in mine or my spouse's I-485 packet anywhere??? Are there any separate forms needed to fill?? Please clarify.

Thanks.

[nishant2200]

Unless they ask for... not required. I dont think i ever mentioned that in any of those forms.

Guys, the I-485 form has on page 2 a section to fill out details about spouse and all children. I do believe you should fill it out over there.

[veni001]

Q/Veni,

I have a silly question, I know the answer, but wanted to ask anyway... Do we have to mention our daughter's name (who is US citizen) in mine or my spouse's I-485 packet anywhere??? Are there any separate forms needed to fill?? Please clarify.

Thanks.

mygctracker,
Yes, attorney included our child (USC) on both of our i485's. Applying with you should be checked "No"
No additional forms required.

[veni001]

As the dates are expected to move fast for the next few months, lets prepare for the documents required to file 485.

.........
Fee : Non refundable Fee: $985( Effective Nov, 23, 2010) by check or money order
..............

Including $85 for bio-metrics, Total fee will be $1070.00

[dummie_q]

Gurus

When filing I-485, it is mentioned that in order to file for the spouse's 485, we would need all prior H4 approvals. We have never received a separate H4 approval notice until now (two H1 transfers and one extension). Is there any way for us to get hold of prior H4 approvals? Is it still possible to file for I-485 without this just based on visa stamping and I-94?

Any help is much appreciated.

Thanks!

[chikitsak]

You need H 4 approval only if you have one. If you spouse is on H1 then those are the approvals you need.


Gurus

When filing I-485, it is mentioned that in order to file for the spouse's 485, we would need all prior H4 approvals. We have never received a separate H4 approval notice until now (two H1 transfers and one extension). Is there any way for us to get hold of prior H4 approvals? Is it still possible to file for I-485 without this just based on visa stamping and I-94?

Any help is much appreciated.

Thanks!

[dummie_q]

She has never been on H1 - always on H4. That being the case, would we need her H4 approvals in order to file for her 485 etc or will it be sufficient to have the latest I-94 at POE?

Thanks

[chikitsak]

there are 2 ways she can be on H4
1. She applied for and got a Visa stamped in Home country - In this case u need copy of Visa + I 94 from Passport as you will not have I 797
2. She had Status change or extension done here in the US - In this case you will have a I 797 and may also have a visa stamp in the passport and will need copies of both.

[madsimba]

Folks,

I have a question, I hope you can answer or redirect me to anyone who can. I'm preparing to file for my 485 (first time) in November. I will be adding my wife as a dependant. Her H1 recently expired and her employer had filed for an extension, but there was a 2 day difference between the expiry and new application. Is that going to be an valid status issue when filing for the 485? Any personal experience from you or your friends please? I'm assuming that the new appilcation receipt will be proof of valid stay.

Thank you much, in advance.

[dummie_q]

Thanks chikitsak!

[Sandeep2011]

Hi,

My employer is in the midst of major restructuring and immigration is not something that is on the top of the list during this reorg. As a result, although i have become current during Nov visa bulletin, there is no action taken by my company despite my repeated follow-ups to start 485 process. I have all the documents needed to file I-485 except for employment letter. If i get the employment letter from HR, can i go ahead and file I-485 on my own or do i have to go through a company appointed attorney? Also, by when do i need to file my application - do i have time till Nov 30th or do i need to file before December visa bulletin comes out?

Thanks.

[Pedro Gonzales]

Guys with out my fault and because of my employer's mistake back in 2009 , I was out of status for over 2 months . My employer withdrew my visa and didnt tell me . He told me 2 months after he did it and I rushed to apply for h4 since spouse on h1b and h4 got approved , got an h1 with a new employer and then about 1 year transferred h1 to my current MNC corporation. I have an M.S from a reputed university and about overall 3 h1b's and 2 h4s all approved. Now as my spouse primary is readying to file for 485 next month ( if current for Dec PD 07 Ind) , jitters running through thinking about those 2 months of out of status. I had already put this question to this forum earlier and Q was kind enough to answer. I'm fearful of any rfe since that year I did not have payroll run for few months and dont have pay stubs if proof is sought. Since that incident I have no t left the country or traveled outside . I confronted my ex employer and he said since I'm not the primary applicant I should be ok . Any thoughts from gurus ? Now I'm also wondering if in the form somewhere I should accept that I had been out of status or not .

I've been following Guru Nishant's advice and have been preparing my paperwork for my I485 submission and I haven't seen anything here that requires docs from my wife (i'm the primary) to prove that she's been in status throughout. Correct me if I'm wrong, anyone. Amongst the list of items my lawyer had asked me to keep ready, the most painful was all docs required (I90s, 94s, 797s, etc) to prove that I was in status all the way from when I first came here in 2003 (not for submission I believe, just to satisfy her and have it ready in case of an RFE), and when I asked if she needed this stuff for my wife too, she said she didn't. So, I think you should be fine unless something else in your history triggers an RFE. Still, I'd recommend a consultation with a good lawyer (if you don't already have one), to ask them about this. Amortize the $500 it would cost you over the rest of your life, and it's probably come out to less than $1 per month. Money well spent, I think.

[Pedro Gonzales]

Hi Guru's,

Do we need to have all the tax return copies when filing I-485 ? if so how many years copies do we need ?

The IRS look back is 7 years, so you'd want to keep that many years of returns available in any case. I doubt that the USCIS could ask you to go back further, but I have not seen any concrete specs.

[rich895]

Hi Guys,

My PD got current on Dec 2011 bulletin. My wife is on H1B. She will be listed as dependent on my 485.

Her employer applied for her H1B extension. They received RFE recently from USCIS. RFE is more on the lines of Employment verification letter and so on (Consultant H1B). Her employer is working with the client in preparation for the RFE response.

While preparing the documents for my 485 filing, I sent the H1 extension receipt notice for my wife (dependent in my 485 case) to my lawyer. he happen to see the RFE state and freaked out. He asked abt RFE and asked if its been addressed. I conveyed that her employer is actively working on it. Still he insist on converting her to H4, to be on safer side, so that she is in valid status.

Is this necessary to convert to H4. I seriously doubt. If not needed, is there anything I need to make sure from my wife's H1B extension RFE, before or while applying my 485 on Dec 1'st or so.

Thanks.

[ontheedge]

Hi Guys,

My PD got current on Dec 2011 bulletin. My wife is on H1B. She will be listed as dependent on my 485.

Her employer applied for her H1B extension. They received RFE recently from USCIS. RFE is more on the lines of Employment verification letter and so on (Consultant H1B). Her employer is working with the client in preparation for the RFE response.

While preparing the documents for my 485 filing, I sent the H1 extension receipt notice for my wife (dependent in my 485 case) to my lawyer. he happen to see the RFE state and freaked out. He asked abt RFE and asked if its been addressed. I conveyed that her employer is actively working on it. Still he insist on converting her to H4, to be on safer side, so that she is in valid status.

Is this necessary to convert to H4. I seriously doubt. If not needed, is there anything I need to make sure from my wife's H1B extension RFE, before or while applying my 485 on Dec 1'st or so.

Thanks.

Would responding to RFE and coverting to PP be done at the same time? This way, she will have her approval before Dec 1 (or whenever you decide to mail the docs). But if something negative happens, I dont know what your lawyer will recommend.

[nishant2200]

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.

[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.

[rich895]

Would responding to RFE and coverting to PP be done at the same time? This way, she will have her approval before Dec 1 (or whenever you decide to mail the docs). But if something negative happens, I dont know what your lawyer will recommend.

Converting to PP was already asked, but for some reason her employer keeps saying that PP cases will get only 1yr approval, as opposed to regular case's 3 yr. Also on a recent request to convert to PP, they declined, saying as RFE has already been issued, it would raise concern or doubt, if we convert now. Not sure how much of all these are true, but have no choice. But I know money is not their concern, as if upgraded to PP we will be the one that's paying the extra $ for PP, so at this point, I believe and go with normal processing. they responded to RFE. Lets see if USCIS get to work on it before Dec 1.

Anyone else have any clue what would be the concern if the dependent's h1b is in RFE state when applying for 485 :(

[gc0907]

I don't know about RFE+485 but for H1+PP here's my experience.
Applied for Regular H1 extension with client letter. Still got RFE for Emp-Emp stuff. Replied RFE+converted to PP. Got approval in a week for 1yr. I don't think 1yr was due to PP but because my client letter didn't mention any project duration.

After one year applied for another Extension with client letter(this time it mentioned 3yrs) and had all EE related details. I wanted it to be PP from beginning but some reason HR forgot I wanted it. So after we got receipt converted to PP got approval for 3yrs after 2 weeks. No RFE.


Converting to PP was already asked, but for some reason her employer keeps saying that PP cases will get only 1yr approval, as opposed to regular case's 3 yr. Also on a recent request to convert to PP, they declined, saying as RFE has already been issued, it would raise concern or doubt, if we convert now. Not sure how much of all these are true, but have no choice. But I know money is not their concern, as if upgraded to PP we will be the one that's paying the extra $ for PP, so at this point, I believe and go with normal processing. they responded to RFE. Lets see if USCIS get to work on it before Dec 1.

Anyone else have any clue what would be the concern if the dependent's h1b is in RFE state when applying for 485 :(

[soggadu]

Converting to PP was already asked, but for some reason her employer keeps saying that PP cases will get only 1yr approval, as opposed to regular case's 3 yr. Also on a recent request to convert to PP, they declined, saying as RFE has already been issued, it would raise concern or doubt, if we convert now. Not sure how much of all these are true, but have no choice. But I know money is not their concern, as if upgraded to PP we will be the one that's paying the extra $ for PP, so at this point, I believe and go with normal processing. they responded to RFE. Lets see if USCIS get to work on it before Dec 1.

Anyone else have any clue what would be the concern if the dependent's h1b is in RFE state when applying for 485 :(

hey dude....i always renewed my H1's in PP and always given 3 yrs approval ....recent one applied on July 22 2011 and got 3 yrs on 140 based on Aug 04 2011.... never given RFE or any other info requested....touch wood...

[Gclongwait]

Hey,
I am getting ready to file my I485 and the lawyers have sent a questionnaire where they want all dates of employment with no breaks in the dates. I had taken 3 weeks off between jobs 3 years ago. Technically I was unemployed in those 3 weeks. Will this cause any problems?

[leo07]

No. ( afaik, <30 days will not raise an issue). That said, you have nothing to worry, since you appear to be employed for those 3 weeks? If you are on a payroll for those three weeks, you are covered, irrespective of whether you left the company while you are on vacation.

One thumb rule is to see if you are missing any Paychecks. ( max 1 or 2 )


Hey,
I am getting ready to file my I485 and the lawyers have sent a questionnaire where they want all dates of employment with no breaks in the dates. I had taken 3 weeks off between jobs 3 years ago. Technically I was unemployed in those 3 weeks. Will this cause any problems?

[soggadu]

Hey,
I am getting ready to file my I485 and the lawyers have sent a questionnaire where they want all dates of employment with no breaks in the dates. I had taken 3 weeks off between jobs 3 years ago. Technically I was unemployed in those 3 weeks. Will this cause any problems?

are you on H1 status during those 3 weeks?

[leo07]

Is it a Desi-employer? That sounds like employer using scary tactics to Not pay for PP. ( $1250 + attorney fees) They could just say that out loud that it's company policy to not pay for PP :)

Converting to PP was already asked, but for some reason her employer keeps saying that PP cases will get only 1yr approval, as opposed to regular case's 3 yr. Also on a recent request to convert to PP, they declined, saying as RFE has already been issued, it would raise concern or doubt, if we convert now. Not sure how much of all these are true, but have no choice. But I know money is not their concern, as if upgraded to PP we will be the one that's paying the extra $ for PP, so at this point, I believe and go with normal processing. they responded to RFE. Lets see if USCIS get to work on it before Dec 1.

Anyone else have any clue what would be the concern if the dependent's h1b is in RFE state when applying for 485 :(

[Gclongwait]

are you on H1 status during those 3 weeks?

Yes. As far as paystubs go I probably am missing 2

[Gclongwait]

Yes. As far as paystubs go I probably am missing 2

Anyways, not much I can do about it now. lets hope it doesnt come and bite me

[Gclongwait]

Anyways, not much I can do about it now. lets hope it doesnt come and bite me

to add to this I have left the country and come back in on a newly stamped visa since then.

[leo07]

I think you are safe. If it's not the paychecks in the recent years, they can't expect you to provide a copy of that. Stay calm, you'll be alright.

to add to this I have left the country and come back in on a newly stamped visa since then.

[mak.ss77]

Hi Friends,
My PD is 3/1/2008 (EB2) and as we are aware its going to be current from 01-Dec-2011. My h1B (6th year) is expiring on 30Nov2011. Though I have already applied for H1 extension based on 140 approval, it is still pending (Status is- Initial Review). So, my question is, if my H1b expires on 30Nov2011, can I still apply for my 485 on or after 01Dec2011 (when dates become current) , based on H1 extention(i129) receipt notice?

Your response is greatly appreciated.
Thanks.

[essenel]

I asked my lawyer the same question - will I be able to file I-485 with an H-1B extension pending? He said yes.

I would wait for more replies from other members to confirm this.... or better yet, check with your lawyer :)


Hi Friends,
My PD is 3/1/2008 (EB2) and as we are aware its going to be current from 01-Dec-2011. My h1B (6th year) is expiring on 30Nov2011. Though I have already applied for H1 extension based on 140 approval, it is still pending (Status is- Initial Review). So, my question is, if my H1b expires on 30Nov2011, can I still apply for my 485 on or after 01Dec2011 (when dates become current) , based on H1 extention(i129) receipt notice?

Your response is greatly appreciated.
Thanks.

[mak.ss77]

Thanks for the reply. I am planning to apply 485 myself, is it okay or do you suggest to go through an attorney?

[qesehmk]

If your company is not going to foot the bill then doing it yourself will save you money.

I know people who have done it themselves and its not difficult.


Thanks for the reply. I am planning to apply 485 myself, is it okay or do you suggest to go through an attorney?

[Reddy001]

Hi,

We have filed 485 on Nov 1st 2011 and finger printing was done on 11/28/2011. We are waiting on approvals for EAD, 485 and AP documents. My wife (dependent..currently on H4 and need to get stamped) had to travel to India on family emergency on 12/2/2011.

Question is:
If we recieve EAD and AP (approvals & cards) when my wife is in India and if i travel to India and get wife my along back to US, can my wife use the EAD and AP? or She should have valid H4?

Just confused?

Thanks all for you help.

[qesehmk]

Technically she shouldn't be travelling and applying for AP at the same time. So the AP can't be used. She needs valid H4 to reenter.


Hi,

We have filed 485 on Nov 1st 2011 and finger printing was done on 11/28/2011. We are waiting on approvals for EAD, 485 and AP documents. My wife (dependent..currently on H4 and need to get stamped) had to travel to India on family emergency on 12/2/2011.

Question is:
If we recieve EAD and AP (approvals & cards) when my wife is in India and if i travel to India and get wife my along back to US, can my wife use the EAD and AP? or She should have valid H4?

Just confused?

Thanks all for you help.


Q.... Please check ur PM....

soggadu replied privately. My best wishes.

[Reddy001]

Thanks Q. What if we recieve Green card..can she use it to re-enter?


Technically she shouldn't be travelling and applying for AP at the same time. So the AP can't be used. She needs valid H4 to reenter.





soggadu replied privately. My best wishes.

[qesehmk]

Absolutely yes as long as the 485 was filed when she was in US.


Thanks Q. What if we recieve Green card..can she use it to re-enter?

[Reddy001]

Yes she was in US when 485 was filed. Thanks again for your help and other contributor of this forum.


Absolutely yes as long as the 485 was filed when she was in US.

[qesehmk]

Per my understanding - everybody has to stamp first time when they go out of US and come back. So accordingly she will be stamped a visa (I-531) in her Indian passport at her first port of entry.

Also I believe (and dont hold me to this) its not necessary for her to have her GC with her while entering. She can mention that she has an approved 485 and is entering US first time.


Q , Even then she has to get an immigrant visa stamped in the passport to enter the port , as she was not physically present when the status was changed .

Correct me if I am wrong

[veni001]

Q , Even then she has to get an immigrant visa stamped in the passport to enter the port , as she was not physically present when the status was changed .

Correct me if I am wrong


Per my understanding - everybody has to stamp first time when they go out of US and come back. So accordingly she will be stamped a visa (I-531) in her Indian passport at her first port of entry.

Also I believe (and dont hold me to this) its not necessary for her to have her GC with her while entering. She can mention that she has an approved 485 and is entering US first time.

If the person is travelling on a non-immigrant VISA without AP in hand when 485 is approved, it is advisable to go to nearest US consulate and get passport stamped with immigrant VISA.

On the other hand if the person has AP but travelling on a non-immigrant VISA when 485 is approved then he/she can get his/her passport stamped at the POE.

[tnayar78]

Gurus,

Can some one answer this. I am Eb2 PD 07/16/2008 , i have not expected my date to become current this quickly i just started looking at 485 documents checklist and found that i do not have my FIRST I-94 copy when i entered USA back in 2004 on F1. I have copies of all I-94 after that but i do not have that FIRST one. If i can not get that can i send in passport copy which had stamp of date arrived. Did any one had this issue before. Normally i take copies of all docs but some how i missed this one.

I looked at Nishant's post that he called his university and got all docs i called my University they mentioned they will try to find it. I wanted to know other options in case if i cannot get that copy.

[veni001]

Gurus,

Can some one answer this. I am Eb2 PD 07/16/2008 , i have not expected my date to become current this quickly i just started looking at 485 documents checklist and found that i do not have my FIRST I-94 copy when i entered USA back in 2004 on F1. I have copies of all I-94 after that but i do not have that FIRST one. If i can not get that can i send in passport copy which had stamp of date arrived. Did any one had this issue before. Normally i take copies of all docs but some how i missed this one.

I looked at Nishant's post that he called his university and got all docs i called my University they mentioned they will try to find it. I wanted to know other options in case if i cannot get that copy.

Tnayar,
Most of the time adjudication officer will look for legal status after last lawful entry in to US, so you if you don't find your initial i-94 don't worry to much about it.

[natvyas]

How do I get my last 2 yrs tx return documents? all I have is W2

[nishant2200]

How do I get my last 2 yrs tx return documents? all I have is W2

http://www.irs.gov/individuals/article/0,,id=110571,00.html

[RMS_V13]

Gurus,

Can some one answer this. I am Eb2 PD 07/16/2008 , i have not expected my date to become current this quickly i just started looking at 485 documents checklist and found that i do not have my FIRST I-94 copy when i entered USA back in 2004 on F1. I have copies of all I-94 after that but i do not have that FIRST one. If i can not get that can i send in passport copy which had stamp of date arrived. Did any one had this issue before. Normally i take copies of all docs but some how i missed this one.

I looked at Nishant's post that he called his university and got all docs i called my University they mentioned they will try to find it. I wanted to know other options in case if i cannot get that copy.

My company's lawfirm this is all they want. They did not mention "All I94". But they mention "All H1 B" and just 1 year of W2.

Copy of all Passport – Old and New (All pages except the blank pages.) of the Beneficiary
Copy of I-94, Arrival/Departure Record of the Beneficiary
Copy of all H-1B/H4, L1/L2 or any other Visa Approval of the Beneficiary
Copy of Birth Certificate of the Beneficiary
Copy of Marriage Certificate (if applicable)
Copy of Dissolution of Marriage/Divorce Decree from the Previous Marriage (if applicable)
Medical Exam from the Beneficiary taken from the USCIS Approved Civil Surgeon
Original Employment Verification Letter from the Petitioner
4 Passport Style Photographs from the Beneficiary
Copy of W2s and Income Tax Returns for the last year from the Petitioner

[natvyas]

How long does it take to get the tax return docs ? Should I be requesting the tax return transcript?

[tnayar78]

Tnayar,
Most of the time adjudication officer will look for legal status after last lawful entry in to US, so you if you don't find your initial i-94 don't worry to much about it.

Veni,

Thanks for replying , i was also thinking that it is not mandatory. Appreciate all Gurus efforts here, this site really helped me a lot in learning a lot about this tedious process.

[codesmith]

Can Business vas B1 be considered as "Legal non-immigrant"

For 485 filing my lawyer is asking for previous approval notices of Legal non-immigrant visa, I don't have it for Business visa. I want to know if that's problem ?
Does B1 visa alppln get any approval notice like H1 or L1 ?

[gc0907]

I never heard B1/B2 gets any approval notice.

[soggadu]

Can Business vas B1 be considered as "Legal non-immigrant"

For 485 filing my lawyer is asking for previous approval notices of Legal non-immigrant visa, I don't have it for Business visa. I want to know if that's problem ?
Does B1 visa alppln get any approval notice like H1 or L1 ?
Your passport should have all these info..... Even the first H4 doesn't have a notice.... So your passport copy is the key....

[SaturnRing]

Hi All,

I have a question on Birth certificate. In my birth certificate, I have my Name listed as this

Sharma Name (First Name)

apart from my hindu marriage invitation, the sharma name is not used anywhere else and I go only by my first name. Will this cause any problem ?

Also, I do have one affidavit prepared and signed by my father stating that it is indeed my birth certificate. But I hear that we need minimum of 2 affidavit.

My question is, my parents are visiting me in the US, can I get a notarized certificate here signed by my mother ? Will that hold good ?

Any help is much appreciated.

[codesmith]

Saturn,
I'd suggest if you can get the notarized affidavit from your mother while she's in India, that way it would be much easier.
Here, notary may ask many questions and proofs and some time it becomes difficult to convince a person who's not familiar to the culture/religion and names.


Hi All,

I have a question on Birth certificate. In my birth certificate, I have my Name listed as this

Sharma Name (First Name)

apart from my hindu marriage invitation, the sharma name is not used anywhere else and I go only by my first name. Will this cause any problem ?

Also, I do have one affidavit prepared and signed by my father stating that it is indeed my birth certificate. But I hear that we need minimum of 2 affidavit.

My question is, my parents are visiting me in the US, can I get a notarized certificate here signed by my mother ? Will that hold good ?

Any help is much appreciated.

[codesmith]

I never heard B1/B2 gets any approval notice.

Thanks gc0907, neither I ; but I just wanted to confirm since I don't have it. Though I came on B1.

[essenel]

From what I understand, what a Notary does is confirm that the person signing the document is indeed who he/she says. I don't think they care what the document is. A Notary only witnesses the signature. And confirms using ID (passport) that this person is the person in the ID. That being said, might as well bring a notarized copy of the birth certificate from India signed by your mom too. Since your parents are coming here for vacation, you can always get a second set notarized here if you want, after learning what the procedure is here.


Saturn,
I'd suggest if you can get the notarized affidavit from your mother while she's in India, that way it would be much easier.
Here, notary may ask many questions and proofs and some time it becomes difficult to convince a person who's not familiar to the culture/religion and names.

[maggie]

From what I understand, what a Notary does is confirm that the person signing the document is indeed who he/she says. I don't think they care what the document is. A Notary only witnesses the signature. And confirms using ID (passport) that this person is the person in the ID. That being said, might as well bring a notarized copy of the birth certificate from India signed by your mom too. Since your parents are coming here for vacation, you can always get a second set notarized here if you want, after learning what the procedure is here.

Getting notarized here is straightforward in case you are not able to get it done in India.
The responsibility in the affidavit lies on the person who is signing the affidavit not the attorney. Attorney is simply there to witness the process.

[pdmay2008]

Gurus,

I have a question.

With gods grace and with all your support my PD bacame current as of Jan 1 2012.

My current H1B is expiring on Feb 18th 2012. I will be filing my I-485 on Jan 1st.

When is the best time to file for H1B extension. I know that I won't be getting my EAD by Feb 18th 2012.

Option 1 : Apply H1 extension now and apply for I-485 after we get the receipt for H1B extension
Oprion 2 : Apply I-485 now with the current H1B approval notice which is valid till Feb-18-2012. And apply for H1B extension with the pending I-485 status.

If I take Option 2 I can apply for H1B extension in regular processing before end of Jan 2012, so that I can get my H1B extension receipt notice to maintain my working visa status. Once I get my EAD I will move on to that. But if something happens to H1B extension do I need to worry about it after I moved on to EAD. Will I be out of status between Feb 18th 2012 and until I get my EAD. Hoepfully not, as we can work using H1B extension receipt correct.

Please advise.

[soggadu]

Gurus,

I have a question.

With gods grace and with all your support my PD bacame current as of Jan 1 2012.

My current H1B is expiring on Feb 18th 2012. I will be filing my I-485 on Jan 1st.

When is the best time to file for H1B extension. I know that I won't be getting my EAD by Feb 18th 2012.

Option 1 : Apply H1 extension now and apply for I-485 after we get the receipt for H1B extension
Oprion 2 : Apply I-485 now with the current H1B approval notice which is valid till Feb-18-2012. And apply for H1B extension with the pending I-485 status.

If I take Option 2 I can apply for H1B extension in regular processing before end of Jan 2012, so that I can get my H1B extension receipt notice to maintain my working visa status. Once I get my EAD I will move on to that. But if something happens to H1B extension do I need to worry about it after I moved on to EAD. Will I be out of status between Feb 18th 2012 and until I get my EAD. Hoepfully not, as we can work using H1B extension receipt correct.

Please advise.

dude... it doesnt really matter which ever option you choose from USCIS point... H1 is H1 (provided u have ur 140 approved) .... so stop dilly dallying on this and apply for H1b extension asap....

[pdmay2008]

dude... it doesnt really matter which ever option you choose from USCIS point... H1 is H1 (provided u have ur 140 approved) .... so stop dilly dallying on this and apply for H1b extension asap....

I agree. But if USCIS makes a decission before Feb 18th 2012 and some thing goes wrong in that decission, I will loose my work visa status and No EAD by that time. Where as apply H1B extension By end of Jan 2012 and it will take more than 90 days from there at least. Mean while I have the receipt notice for my H1 extension, based on which I can work until the decission is made on that. Once I get my EAD I will move on that.

These day H1B extension with consulting companies, you know how it is going. That is the reason I am trying to avoid any possible issues.

[soggadu]

I agree. But if USCIS makes a decission before Feb 18th 2012 and some thing goes wrong in that decission, I will loose my work visa status and No EAD by that time. Where as apply H1B extension By end of Jan 2012 and it will take more than 90 days from there at least. Mean while I have the receipt notice for my H1 extension, based on which I can work until the decission is made on that. Once I get my EAD I will move on that.

These day H1B extension with consulting companies, you know how it is going. That is the reason I am trying to avoid any possible issues.

Which service center would you be filing?

Avg times for EAD in Hand from date of applying for NSC is 40 days and TSC is 70 days.... so you calculate, nonetheless, i would apply for H1B asap (you should have already done this)...

[scion78]

Gurus, one basic question. I live in Maryland, does that mean my 485 packet has to go to Texas Service Center?

[maggie]

Gurus, one basic question. I live in Maryland, does that mean my 485 packet has to go to Texas Service Center?

Google it (In sanskrit "Google'm sharanam Gachami")

Yes but please see link below.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCRD

[scion78]

Thanks Maggie. I had seen the link previously, my question was more about NSC (Nebraska Service Center) Where on that page does it say that I-140 based applications go to NSC, its either Phoenix or Dallas, so when people say NSC is faster than TSC, what are they talking about?

[gc0907]

The 3rd row with states listed says:
--You are filing base on:
--#6 A pending or approved I-140.

So depending on your state it should be Phoenix or Dallas lockbox.

What I heard is your 485 is filed at the same SC where your I-140 was filed. So check the Receipt(#) of your I-140 and see where it was filed.

Similar question (http://www.trackitt.com/uk-discussion-forums/i485-eb/855632073/i-485-service-center).


Thanks Maggie. I had seen the link previously, my question was more about NSC (Nebraska Service Center) Where on that page does it say that I-140 based applications go to NSC, its either Phoenix or Dallas, so when people say NSC is faster than TSC, what are they talking about?

[codesmith]

What's the alien or A# ?
I'd gone for medica exam yesterday and doctor's office asked me to provide it for me and my family.
I've see mixed reviews about A#, is it i94 # or something else ?
Or can I keep it blank ?
Please let me know - what did you use and where did you get it from ?

Thanks

[H1GC140]

Is anyone have instructions how to assemble I-485, EAD, AP package? I am thinking to file self for me(H1) and my wife(h4).

[leo07]

In some(most?) cases CIS issues A# or ALien number while approving your 140, that number will stay with you until you get a green card. You can check your 140 approval, if CIS assigned you A#. You can sue that if CIS assigned to you.

If CIS did not assign you one during 140 approval, it's still ok to leave that field blank in your 485 applications. Because, CIS will assign that at the time of 485.

Bottom line, if you have it already, use it. If you don't have it, it's perfectly OK to leave that field blank.


What's the alien or A# ?
I'd gone for medica exam yesterday and doctor's office asked me to provide it for me and my family.
I've see mixed reviews about A#, is it i94 # or something else ?
Or can I keep it blank ?
Please let me know - what did you use and where did you get it from ?

Thanks

[natvyas]

Friends I need your input -

PD Mar 08 - will be filing in Jan

Status H1B
H1B visa stamp valid till June 2014


given the fact that I have H1B visa stamp till 2014 the company is not interested in filing for EAD and AP since I wouldnt be needing it. the Law firm has advised me they will apply if I'm willing to pay for it.

My question is should I pay and get the EAD/AP and what are the advantages of EAD if I have H1B till June 2014

Please advise

[gc0907]

There is no filing fee when filing it with 485. May be the attorney fees.
Initially you will get it for 1year and then you can renew it (takes about 3months) and you need to pay for renewal.
Nothing happens if you don't renew after expiration.

So it's kind of your choice, I don't see a harm in filing together with 485. Ask your lawyer for what he is charging?

Friends I need your input -

PD Mar 08 - will be filing in Jan

Status H1B
H1B visa stamp valid till June 2014


given the fact that I have H1B visa stamp till 2014 the company is not interested in filing for EAD and AP since I wouldnt be needing it. the Law firm has advised me they will apply if I'm willing to pay for it.

My question is should I pay and get the EAD/AP and what are the advantages of EAD if I have H1B till June 2014

Please advise

[drapnvalsad]

I am in same boat (Visa Stamp up to 2014). I applied EAD and AP. My lawyer charge me $1100 for one person. (Including 485+EAD+AP). There is no filing fee when filing it with 485.

[natvyas]

Say I had to change jobs for some reason which would be faster ....transfering H1B or just using the EAD that I would get from present employer

[gc0907]

EAD should be faster I guess but again, you need to consider implications on your GC process itself while changing job.
Are you with a desi consultancy? I just wonder why would lawyer ask money to file EAD/AP? EAD is a single page form which you can easily fill. And even AP is very simple
The only thing lawyer might have to do is put their details as Preparer.

Ask the lawyer for what they are charging you(service or filing fees or both)?


Say I had to change jobs for some reason which would be faster ....transfering H1B or just using the EAD that I would get from present employer

[vizcard]

Friends I need your input -

PD Mar 08 - will be filing in Jan

Status H1B
H1B visa stamp valid till June 2014


given the fact that I have H1B visa stamp till 2014 the company is not interested in filing for EAD and AP since I wouldnt be needing it. the Law firm has advised me they will apply if I'm willing to pay for it.

My question is should I pay and get the EAD/AP and what are the advantages of EAD if I have H1B till June 2014

Please advise

Honestly, if you don't plan on changing jobs in the next year or are at no risk of losing your job, you don't NEED the EAD/AP. Given your PD, you should get your GC by Dec 2012 and most likely before that. Like others have pointed out, it shouldn't cost anything so it's usually a given that those are applied.

[zenmaster]

Dear friends,

Want to share a good news. I had submitted my AOS package to TSC on 6th December (PD-Sept '07) and today i got an email informing me that they have approved my EAD and AP applications. Curiously, my finger printing is not done yet. It is scheduled for later this week. I am not sure what inference can be drawn from this but i am sure it definitely is a positive sign for several of us and our family members who have been waiting for EAD.

thanks.

Congratulations Sandeep.
That is indeed very fast !!!

[codesmith]

My lawyer sent my 485 package to USCIS in Phoenix, I was wondering if it can be sent to other than TSC/NSC ?

I never heard of it, I've seen most of us in the forums referring to TSC or NSC.
Does any one know how this works?

[la_2002_ch]

My lawyer sent my 485 package to USCIS in Phoenix, I was wondering if it can be sent to other than TSC/NSC ?

I never heard of it, I've seen most of us in the forums referring to TSC or NSC.
Does any one know how this works?

Refer the following docuemnt:

http://www.uscis.gov/files/form/i-485instr.pdf

my package has also gone to Phoenix, AZ

[nishant2200]

Checks made payable to department of homeland security. USCIS is under DHS. DOS is seperate entity. So money goes to DHS not DOS. USCIS is completely user fee funded, hence budget is always concern. Read:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-1067/0-0-0-1318.html#0-0-0-280

Notice how thw theme is to not to waste resources and avoid unnecessary expense. We are afraid of RFEs but they also dont like sending them.

Now there are ways to increase revenue without simply raising fees or application intake.

Automation: Issuing FP notices, lockboxes scanning packet and streamlining intake, moving to e filing for forms instead of all manual, and so on






USCIS indicated that they anticipate increased income this FY is an important point to consider.

Are there any Fee hikes in the works? If not, how are they planning to increase income? VISA fees don't go to the USCIS, they go the DoS, so it can't be that they are considering increase in B1/B2/ F1 applications.

My thoughts are that this may be an indication that they are going to increase fees, they anticipate the number of H1s/L1 to increase substantially (not going to happen for H1, and L1 is under a lot of scrutiny these days), or they anticipate moving the priority dates for the most retrogressed countries.

Any thoughts on this line of reasoning? Am I missing something?

[ThatIsAll]

I may be current in next bulletin(PD Jan 9, 2009)..so trying to collect some of the information. (sorry to post here as the other thread has low visibility)

I’ve a question. We couldn’t find my wife’s birth certificate. So her parents tried to get a certificate from her native town. Here are the issues they are having
1) The certificate they can give is only in Local language (Marathi).
2) On the birth certificate there are two different names mentioned for her father ABC alias XYZ.
3) Also, on the birth certificate it will be mentioned that a girl baby is born. Her name won’t be mentioned, apparently since the name is decided later on that’s how the birth certificate was made.

Yes, we’ll make an affidavit but will 2) or 3) cause a big issue? Any resolutions that anyone can think of?

Also, if I get current in this(feb) bulletin I have to file my documents in month of Feb, will there be an issue If my wife travels to India this month and come back before Jan 31. She has a valid visa stamp on her passport so don't need any interview?

Thanks

[asankaran]

But still it's a shocker!!

One point, if the 485s which get adjudicated for EB2IC, keep getting satisfied by QSP, they will never appear in DD.

[kuku82]

It is referenced here in CM's blog:

http://us-non-immigrants.blogspot.com/2011/11/visa-bulletin-december-2011.html

[sdesh005]

http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
No offense, but you posted after like 3 pages of discussion, hoorays, and yelling already! :D

On a side note, if these numbers are reported by DOS and not USCIS, why does Mr. CO go by these numbers and not based on what he knows from all the filings? I guess they purposely don't ask for all the available numbers immediately so they can "front-load" and help us out with EAD?

[veni001]

No offense, but you posted after like 3 pages of discussion, hoorays, and yelling already! :D

On a side note, if these numbers are reported by DOS and not USCIS, why does Mr. CO go by these numbers and not based on what he knows from all the filings? I guess they purposely don't ask for all the available numbers immediately so they can "front-load" and help us out with EAD?

sdesh005,
Thanks, deleted my post.

Coming to your question, Its because of the processing times. As spec posted before, people opted for CP with PD 2008 can get GC in the next moth or two and most of the AOS filer should have to wait for months before receiving their approval!

[imdeng]

I guess the time has run out for VB today. We are close to 4PM ET. It is a strange feeling - its the first time that I am actually within the realm of possibility for becoming current - the wait for VB feels so very different now.

[mesan123]

yeap if the chance of ur dates becoming current are near...the visa bulletin wait seems longer...dont worry hang in there...hoping people in 2009 get current :)


I guess the time has run out for VB today. We are close to 4PM ET. It is a strange feeling - its the first time that I am actually within the realm of possibility for becoming current - the wait for VB feels so very different now.

[zenmaster]

I guess the time has run out for VB today. We are close to 4PM ET. It is a strange feeling - its the first time that I am actually within the realm of possibility for becoming current - the wait for VB feels so very different now.
I agree imdeng.
I guess we gotta wait for the "long" weekend to pass now !

[operas]

I agree imdeng.
I guess we gotta wait for the "long" weekend to pass now !

There is almost no chance I am going to be current (Feb 2010), still very eager to know whats in store.

[BBear123]

I guess the time has run out for VB today. We are close to 4PM ET. It is a strange feeling - its the first time that I am actually within the realm of possibility for becoming current - the wait for VB feels so very different now.

Seriously dude, the wait couple with work, I feel like punching a hole though the wall today.

[letheQ]

I called up this number 2026631541

[Jonty Rhodes]

Dates are out.

Called 202-663-1541.

EB2 India 1 January, 2010

EB3 India 15 August, 2002

[smuggymba]

Wov, call 2026631541 USA phone number

http://www.trackitt.com/usa-discussion-forums/i485-eb/884522279/feb-cutover-dates-are-out

EB2 IC : 1 Jan 2010

I verified by calling this number. Is this phone number legit?

--------------
update, number seems to be legit!!

It is in the VB itself mentioned:
The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

called no one picked up....kiska number hai yeh?

[bieber]

Congrats to Kanmani and others in 2009

[self.coach]

I am listening to it right now. You have to wait for Voice Message.....



called no one picked up....kiska number hai yeh?

[letheQ]

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

[bieber]

OFFICIAL BULLETIN IS OUT
it's JAN 1, 2010

[self.coach]

Congrats to all in 2009. What are our next steps?


OFFICIAL BULLETIN IS OUT
it's JAN 1, 2010

[dorais]

Updated on the website.

EB2IC 01/01/2010.

http://www.travel.state.gov/visa/bulletin/bulletin_5640.html

[pch053]

http://travel.state.gov/visa/bulletin/bulletin_5640.html

[enigma]

Official Feb VB is out too -

http://travel.state.gov/visa/bulletin/bulletin_5640.html

EB2IC has indeed moved to Jan 1 2010. Congrats to everyone who became current :)


Dates are out.

Called 202-663-1541.

EB2 India 1 January, 2010

EB3 India 15 August, 2002

[veni001]

Wov, call 2026631541 USA phone number

http://www.trackitt.com/usa-discussion-forums/i485-eb/884522279/feb-cutover-dates-are-out

EB2 IC : 1 Jan 2010

I verified by calling this number. Is this phone number legit?

Nishant,
That would be great News!

[bieber]

It is stated in the bulletin that, filings (not demand) are extremely low at USCIS.

It looks like the demand destruction is prominent atleast till March 2008, Next bulletin may see such rapid movement and Spec/Teddy/Veni needs to adjust the possible date of actual approval for fy2012 :)

[zenmaster]

OMG !!! I still cant believe i am current !!!
Finally after 5 years i will be able to go to India peacefully....
Oh man.........
just cant express my happiness....

Thanks guys.......

[transformer123]

http://travel.state.gov/visa/bulletin/bulletin_1360.html

[smuggymba]

31st March 2010. Missed by 3 months..maybe next bulletin..hehe

[TeddyKoochu]

Congrats All
01/04/09 - momster
01/09/09 - ThatIsAll
01/15/09 - pradeep1981
01/29/09 - JJcalifornian
02/17/09 - pdfeb09
03/06/09 - mrhyderabad
03/12/09 - billu1983
03/25/09 - EB2-03252009
04/02/09 - srisaikrupa
04/14/09 - dorais
04/24/09 - trackright
05/01/09 - billikoot
05/24/09 - zenmaster
06/27/09 - Kanmani
07/01/09 - professor
07/29/09 - coolmj_007
07/29/09 - Airbender
08/03/09 - BBear123
08/07/09 - imdeng
08/20/09 - self.coach
09/15/09 - savinir
10/10/09 - Pundit Arjun
10/16/09 - mbasense
10/16/09 - SunnyAround
10/23/09 - luckycub
11/10/09 - swathi
11/23/09 - redsox2009
11/XX/09 - Ghostwriter
12/24/09 - mrperfect

Congrats to all 2009 friends who became current. This is a amazing bulletin.

[kuku82]

Congrats Kanmani and all!

[ramchand]

First and foremost, heartfelt thanks to all contributors on this forum!

This is an exceptional forum with a very high Signal-to-Noise ratio and it has immensely helped me in understanding and navigating my personal situation. It also made me aware of other folks trials and tribulations. I am really amazed by the selflessness of the forum members. I congratulate everyone who is current in this bulletin and exhort them(especially myself) to take this opportunity by the horns and file all necessary paperwork without delay.

[operas]

31st March 2010. Missed by 3 months..maybe next bulletin..hehe

Congrats to all 2009'ers..

:) Im Feb 25 2010.. Never imagined the day I ask this question will ever come..

Any possibility of me being current in the next bulletin ? :)

[mesan123]

Congrats Kanmani Behen...enadhu vazhthukkal :) ....congrats to all others who became current

[TeddyKoochu]

Suninphx whats your PD?

AFAIK he is Dec 2009, congrats suninphx !
KANMANI big congrats to you once again.

[asankaran]

Congratulations to everyone who became current in this bulletin. Enjoy your freedom !!!

[BBear123]

Congrats All
01/04/09 - momster
01/09/09 - ThatIsAll
01/15/09 - pradeep1981
01/29/09 - JJcalifornian
02/17/09 - pdfeb09
03/06/09 - mrhyderabad
03/12/09 - billu1983
03/25/09 - EB2-03252009
04/02/09 - srisaikrupa
04/14/09 - dorais
04/24/09 - trackright
05/01/09 - billikoot
05/24/09 - zenmaster
06/27/09 - Kanmani
07/01/09 - professor
07/29/09 - coolmj_007
07/29/09 - Airbender
08/03/09 - BBear123
08/07/09 - imdeng
08/20/09 - self.coach
09/15/09 - savinir
10/10/09 - Pundit Arjun
10/16/09 - mbasense
10/16/09 - SunnyAround
10/23/09 - luckycub
11/10/09 - swathi
11/23/09 - redsox2009
11/XX/09 - Ghostwriter
12/24/09 - mrperfect

Thanks Kanmani. While I hate getting my blood taken, Ill gladly get'r'done this time. I am like the proverbial 'Then kudicha Nari' right now

[cbpds1]

Congrats to u Kanmani, u have been congratulating every month, its ur turn NOW !!

[manubhai]

Only been silently watching the works here last few days... but had to login and congratulate imdeng, Kanmani and others!!! Great news guys!!! Have a great weekend!!!!

[suninphx]

AFAIK he is Dec 2009, congrats suninphx !
KANMANI big congrats to you once again.

I am Nov 2009!

Thanks teddy , Kanmani!!

Kanmani & all 2009 congrats :)

[LUVSPIDER]

I missed the boat by 26 days. My PD is 26-JAN-2010.

Not sure whether there willl be forward movement in March Bulletin :confused:

[mbasense]

Congrats All
01/04/09 - momster
01/09/09 - ThatIsAll
01/15/09 - pradeep1981
01/29/09 - JJcalifornian
02/17/09 - pdfeb09
03/06/09 - mrhyderabad
03/12/09 - billu1983
03/25/09 - EB2-03252009
04/02/09 - srisaikrupa
04/14/09 - dorais
04/24/09 - trackright
05/01/09 - billikoot
05/24/09 - zenmaster
06/27/09 - Kanmani
07/01/09 - professor
07/29/09 - coolmj_007
07/29/09 - Airbender
08/03/09 - BBear123
08/07/09 - imdeng
08/20/09 - self.coach
09/15/09 - savinir
10/10/09 - Pundit Arjun
10/16/09 - mbasense
10/16/09 - SunnyAround
10/23/09 - luckycub
11/10/09 - swathi
11/23/09 - redsox2009
11/XX/09 - Ghostwriter
12/24/09 - mrperfect

Thanks! this forum has helped cool a lot of nerves with a no-nonsense approach to predicting and deciphering the situation. Good luck to the rest!

[Jonty Rhodes]

I missed your presence manubhai...time to push for HR 3012 shortly to bring a similar news to EB3-I.

Agree. Not only EB3I, even EB2I needs HR 3012 because EB2I is also spillover dependent. My PD is in May, 2011. There is no way I am going to get current soon without HR 3012.

[veni001]

Congrats All
01/04/09 - momster
01/09/09 - ThatIsAll
01/15/09 - pradeep1981
01/29/09 - JJcalifornian
02/17/09 - pdfeb09
03/06/09 - mrhyderabad
03/12/09 - billu1983
03/25/09 - EB2-03252009
04/02/09 - srisaikrupa
04/14/09 - dorais
04/24/09 - trackright
05/01/09 - billikoot
05/24/09 - zenmaster
06/27/09 - Kanmani
07/01/09 - professor
07/29/09 - coolmj_007
07/29/09 - Airbender
08/03/09 - BBear123
08/07/09 - imdeng
08/20/09 - self.coach
09/15/09 - savinir
10/10/09 - Pundit Arjun
10/16/09 - mbasense
10/16/09 - SunnyAround
10/23/09 - luckycub
11/10/09 - swathi
11/23/09 - redsox2009
11/XX/09 - Ghostwriter
12/24/09 - mrperfect

Congratulations for all 2009 EB2IC.

[Kanmani]

CONGRATULATIONS !!!!
01/04/09 - momster
01/09/09 - ThatIsAll
01/15/09 - pradeep1981
01/29/09 - JJcalifornian
02/17/09 - pdfeb09
03/06/09 - mrhyderabad
03/12/09 - billu1983
03/25/09 - EB2-03252009
04/02/09 - srisaikrupa
04/14/09 - dorais
04/24/09 - trackright
05/01/09 - billikoot
05/24/09 - zenmaster
06/27/09 - Kanmani
07/01/09 - professor
07/29/09 - coolmj_007
07/29/09 - Airbender
08/03/09 - BBear123
08/07/09 - imdeng
08/20/09 - self.coach
09/15/09 - savinir
10/10/09 - Pundit Arjun
10/16/09 - mbasense
10/16/09 - SunnyAround
10/23/09 - luckycub
11/xx/09 - Suninphx
11/10/09 - swathi
11/23/09 - redsox2009
11/XX/09 - Ghostwriter
12/24/09 - mrperfect

[Osaka001]

Congrats to all 2009'ers..

:) Im Feb 25 2010.. Never imagined the day I ask this question will ever come..

Any possibility of me being current in the next bulletin ? :)


I need another 6 months advance to currrent.. till yesterday.. I had no hope of being current in 2012.. but this bulletin and CO comments giving me some hope.. in next bulletin, if they advance 6 months that would be gr8, we saw last 2 bulletins, one with 9.5 months and 12 months advancement... Any thing can happen with USCIS, just hoping for the best.. If I miss this time, I will take longtime for them to adance the dates as they will have enough applications..

[pdfeb09]

CONGRATULATIONS !!!!
01/04/09 - momster
01/09/09 - ThatIsAll
01/15/09 - pradeep1981
01/29/09 - JJcalifornian
02/17/09 - pdfeb09
03/06/09 - mrhyderabad
03/12/09 - billu1983
03/25/09 - EB2-03252009
04/02/09 - srisaikrupa
04/14/09 - dorais
04/24/09 - trackright
05/01/09 - billikoot
05/24/09 - zenmaster
06/27/09 - Kanmani
07/01/09 - professor
07/29/09 - coolmj_007
07/29/09 - Airbender
08/03/09 - BBear123
08/07/09 - imdeng
08/20/09 - self.coach
09/15/09 - savinir
10/10/09 - Pundit Arjun
10/16/09 - mbasense
10/16/09 - SunnyAround
10/23/09 - luckycub
11/xx/09 - Suninphx
11/10/09 - swathi
11/23/09 - redsox2009
11/XX/09 - Ghostwriter
12/24/09 - mrperfect

I had given up hope of seeing the VB today .. just before going home I checked this forum and lo and behold .. saw this post ... checked the VB and sure enough .. am current .. cannot express how happy I am ..

CONGRATULATIONS everyone who will be current come February ... WOW what a movement..

A BIG Thank You to Q,Teddy,Spectator,Veni .... and countless others who made and continue to keep this forum THE BEST out there for GC information especially for EB2 ICs.

Kanmani, Thank you so much for this post .. and BIG CONGRATULATIONS !! :)

[gkjppp]

CONGRATULATIONS !!!!
01/04/09 - momster
01/09/09 - ThatIsAll
01/15/09 - pradeep1981
01/29/09 - JJcalifornian
02/17/09 - pdfeb09
03/06/09 - mrhyderabad
03/12/09 - billu1983
03/25/09 - EB2-03252009
04/02/09 - srisaikrupa
04/14/09 - dorais
04/24/09 - trackright
05/01/09 - billikoot
05/24/09 - zenmaster
06/27/09 - Kanmani
07/01/09 - professor
07/29/09 - coolmj_007
07/29/09 - Airbender
08/03/09 - BBear123
08/07/09 - imdeng
08/20/09 - self.coach
09/15/09 - savinir
10/10/09 - Pundit Arjun
10/16/09 - mbasense
10/16/09 - SunnyAround
10/23/09 - luckycub
11/xx/09 - Suninphx
11/10/09 - swathi
11/23/09 - redsox2009
11/XX/09 - Ghostwriter
12/24/09 - mrperfect

Congratulations to all. Newyear started with new hopes.

[ThatIsAll]

Man! this is unbelievable! Congrats to all those who are current!

[kd2008]

Super Congratulations to every one that got current! Don't "waste" time on forums, get your docs ready! :D

[luckycub]

Thanks!! !!!

[doctorp]

Great News,!!!!
However, the longer the party is going on, the logic is getting blurred, i think now the pipeline is atleast 50000... dont know the motives or CO's calculation, but as long as he keeps on advancing the dates, great...

[bieber]

all 2009 PDs, check my post before the bulletin and give me greens :D

[letmesee]

One way to let the dates advance further is , if the guys who were current in Dec/Jan Visa bulletin do not file until the March bulletin comes out. Since Any one who is current upto Jan bulletin have time till Feb 28th to file, it should be ok to file after feb 10th or so by which time March bulletin would be out. What do think Guru's !!!

[sathya4x4]

enjoy your freedom :-)

[immitime]

Congrats to all whose PD became current in this bulletin.

[jackbrown_890]

Congratulations to all who got current.
I am current too.
Can someone remember the thread number of a post related to someone getting married after filing 485. I will be in the same boat.
I am current and i will be sending my application on Feb1. But I am getting married in last week of Feb in India. What are my options for my wife's 485 when she comes here with me in March? I am assuming as long as the dates are not retrogressed, i will be able to send her 485 as dependent in march. And if they do retrogress, i will have to send her 485 whenever the dates become current in 2-3 years? I will talk to my lawyer too on Monday.
Again thanks all for your help.
Congratulations again.
And lets push for 3012 as hard as possible.

[gcseeker]

Huge round of congratulations to those who got current today and also in the previous bulletin :)

Work has kept me extremely busy and did not visit the forum.

2012 seems like a huge blessing to many folks.May this new year bring you a EAD/AP and end to many long standing problems.

[Jonty Rhodes]

4. And from VB: Employment Second:

China and India: Reports from U.S. Citizenship and Immigration Services (USCIS) indicate that the rate of new filings for adjustment of status in recent months has been extremely low. This fact has required the continued rapid forward movement of the cut-off date, in an attempt to generate demand and maximize number use under the annual limit. Once the level of new filings or USCIS processing increases significantly, it will be necessary to slow or stop the movement of the cut-off. Readers are once again advised that an eventual need to retrogress the cut-off date is also a distinct possibility.

This is something new: or USCIS processing increases. It indicates to me that a very clever usage of words, on one hand, he says level of filings is low, and on other hand he kind of indicates but we have got some good stuff and it may get ready soon.

I am pretty sure that with this movement USCIS will be way above the inventory of 50,000 and eventually the dates will stall or retrogress.

On a lighter note, I just hope that CO starts getting some auditory hallucinations, hearing unknown voices asking him to advance the dates to June, 2011 next VB or just make it current cause my PD is May 20, 2011. :)

[savinir]

Thank you one and all ,after painful journey of 7 years in this country i am finally current.

Guys we still need to push harder for HR 3012 so that we can see smiles on all of our friends faces!!

thank you,
savinir.

[Ra.One]

I am pretty sure that with this movement USCIS will be way above the inventory of 50,000 and eventually the dates will stall or retrogress.

On a lighter note, I just hope that CO starts getting some auditory hallucinations, hearing unknown voices asking him to advance the dates to June, 2011 next VB or just make it current cause my PD is May 20, 2011. :)

Amen Bro!!

Hearty Congratulations to everyone who is current in last few bulletins.

Please do not stop your support for HR3012.

GOCOGO!!!

PD - Feb 2011

[Pundit Arjun]

Congrats to all who became current. By the way, I am also Current :)

Special thanks to Q, Teddy, Spec, Veni & All others for all your number crunching and calculations. God Bless :)

Also I pray for other late PD folks to get current soon so that they can file for EAD/AP.

[codesmith]

Sports, Jack, Kanmani and all others BIG Congratulations...

Where's the party tonight ??
Have a blast guys.

[billikoot]

My hands are literally shaking writing this - Q, Spec, Teddy, Nishant, Kanmani, SportsFan, and all of you (apologies if I missed - case of shaking hands) thank you very very much for you ideology. Stay firm, stay forcused, do good, spread good information, provide solace to those of us in limbo land.

Heartiest Congratulations all.

My spouse is still on B1 and my lawyer just informed me that AOS cannot be applied for him unless H4 COS happens :( no matter no matter - have reached here, will climb some more :):)

[mesan123]

I hear you...i hope that too...mine is feb 2011 :)


I am pretty sure that with this movement USCIS will be way above the inventory of 50,000 and eventually the dates will stall or retrogress.

On a lighter note, I just hope that CO starts getting some auditory hallucinations, hearing unknown voices asking him to advance the dates to June, 2011 next VB or just make it current cause my PD is May 20, 2011. :)

[qriousjunta]

Firstly congrats to all who have got their PD current.
I appreciate someone bringing HR3012 here in this thread, i see the date movement is very much in relation with amount of stress on HR3012, just a thought.

[Nishant_imt]

Congrats everyone who became current today. I hope dates do not retrogress, because, even though I am current today, my company has restarted my gc process since my previous perm and I 140 was filed for a specific job location and I moved out from there. So I can't file for my 485 until may be 6 months. But I am really happy for all you guys out there. God bless you and fulfill all your dreams.

[Pdmar08]

Aur ye laga sixer, natraj phir champion.

Had i known(hind sight is 20/20) that my wife and i would be current 2 months apart i would have waited. to file. Now i have a 2 year bond with the company. well. no complaints really.

Congrats to all!!!

[SaturnRing]

My hands are literally shaking writing this - Q, Spec, Teddy, Nishant, Kanmani, SportsFan, and all of you (apologies if I missed - case of shaking hands) thank you very very much for you ideology. Stay firm, stay forcused, do good, spread good information, provide solace to those of us in limbo land.

Heartiest Congratulations all.

My spouse is still on B1 and my lawyer just informed me that AOS cannot be applied for him unless H4 COS happens :( no matter no matter - have reached here, will climb some more :):)

Hi Billikoot, you just need to apply for H4 COS for your spouse and can file with the receipt notice itself. You don't need to wait till you receive the COS approved.

[tendlya]

Congratulations to everyone who got current! I am also among the ones who got current today. Thanks for everyone's help. This forum is really terrific. Lets hope more people get a chance to file for EAD/AP. Can someone give a link to directions on how to proceed with medical examination and what all vaccinations are required etc?


CONGRATULATIONS !!!!
01/04/09 - momster
01/09/09 - ThatIsAll
01/15/09 - pradeep1981
01/29/09 - JJcalifornian
02/17/09 - pdfeb09
03/06/09 - mrhyderabad
03/12/09 - billu1983
03/25/09 - EB2-03252009
04/02/09 - srisaikrupa
04/14/09 - dorais
04/24/09 - trackright
05/01/09 - billikoot
05/24/09 - zenmaster
06/27/09 - Kanmani
07/01/09 - professor
07/29/09 - coolmj_007
07/29/09 - Airbender
08/03/09 - BBear123
08/07/09 - imdeng
08/20/09 - self.coach
09/15/09 - savinir
10/10/09 - Pundit Arjun
10/16/09 - mbasense
10/16/09 - SunnyAround
10/23/09 - luckycub
11/xx/09 - Suninphx
11/10/09 - swathi
11/23/09 - redsox2009
11/XX/09 - Ghostwriter
12/24/09 - mrperfect

[billikoot]

Thanks Saturn Ring - I will try that option.

[H1GC140]

Congratulations to All who became current in this bulletin.

Q,
Now we have to start new thread - GC Predictions - 2012. :)

Thanks all, spe. Q, Nishant, Teddy, Spec, V.

[chagas]

Congrats everyone who became current today.

[Feb262009]

Congrats 2009ers! I am current too. Happy. Happy.

I have 2 questions.

My husband works in different state. Can we do our medical exam in different states?

I applied for my passport renewal (with mother's last name correction) last week. Will a copy of passport enough for Medical exam?

Appreciate your responses.

[funnysummer2005]

Hello All- congrats everyone and was hoping someone would be able to help me. I have been a silent observer past several months and my priority date is now current too.

From my understanding this date is current starting February 1 and is valid through february 28? My question is what if on February 8th or whenever, the March bulletin is out, dates retrogress and go back to say sometime in 2008 or so. My priority date which is in 2009 will stop to be current from March 1 and even though march bulletin is out, I may still be able to submit I-485 until the end of february- correct? pls tell me if that is the case. Reason being, I have currently been working out of my firm's London office over the last several months, and my plan was to accordingly come back to the states for a few days in February to get the medicals done and mail the i-485 form to USICS.

I also understand that i have to physically be present in the US when the i-485 is 'sent' to USCIS (hence i would come back to the States for this). How long do i have to be in the States to ensure i am in compliance with all relevant rules. Do i just have to be there until i know they 'received' the application?- which would be 1-2 days with a fed-ex, UPS confirmation, or is there a requirement to be there till the issue a receipt of i-485.

Experts- pls help as I want to ensure that i don't miss out anything during this process.

Additionally, i am well aware that this post is definitely on the blog, but i was wondering that for the benefit of so many of us, someone could direct us to a started i-485 kit post with a check list for all of us to make sure we are not missing out anything and we have another set of eyes to check what our lawyers to. I have found by experience, that even the best lawyers have the tendency to miss out something and us having a firm knowledge on what all is needed will make it smoother for us.

Thank you very much and good luck.

[Kanmani]

Funnysummer

Welcome to the forum . Congratulations on your current status.

Your understanding is correct. Your PD is current through February 29 .(and beyond if the dates are not retrogressed)

You should be physically present in the US for filing I-485 and wait here until you receive the receipt from USCIS or the checks attached are encashed. ( either one )

Please do not leave the country with fedex receipt for the reason there is a chance of misplacement of the contents of the package.

[funnysummer2005]

Thanks Kanmani- for both answers.

Knowing by Feb 8th or so that I will either have to file the I-485 by the end of February or if dates don't retrogress being able to file even during the month of march makes it easy to plan travel.

As for the I-485 receipt part, are you stating the law and saying not to leave the country till they issue a receipt or is this to be on the safe side. I have been doing soe more research and from sites such as trackitt etc, i have heard that it could possibly take weeks for the receipt notice to be issued by the USCIS. One post mentions a conversation with someone at USCIS who said you don't have to wait for a receipt notice to reach you- you just have to make sure you are in the country when the application is mailed as it might take several days/weeks for notice to be received. I am hoping people who are sending applications in Jan will be able to shed some light on how long it takes for them to receive the receipt notice.

Thanks,

[Kanmani]

funnysummer

The law says one should be physically present inside US to adjust status from non-immigrant to immigrant . You have to prove yourself that you were physically inside while applying for AOS. The process of applying is completed only after the application is received by the uscis . proof? receipt !

[Airbender]

Congrats to all who are current....Crap that I changed my job 2 weeks back...else I would have filed 485...wish I could go back in time. Any comments on how much retrogression we can see from here ? My PD is July-2009.

[gcq]

Funnysummer,

The best way for you is to file I-485 after coming to US, wait till you get AP and then leave with AP. If you leave without AP, you are supposed to be abandoning your GC application.
Alternative would be to apply for consular processing, that way you can get your GC while abroad. In fact Ron Gotcher advises CP as a faster route to get GC than AOS. The only advantage with AOS is the EAD and AP that comes with it and you are staying in US.

[eb2visa]

Congrats all, mine also became current this month:cool: I hope this movement continues and EB2 becomes current very soon...

[imdeng]

Thanks Desperate. It has taken me good 8 years too - I came in in 2003. It sure feels lucky though to have our PD current in just 3 years. People with late 2009 PD had just about 2 years wait. This is awesome and I hope the movement continues.
BTW - all this movement means that soon we will have a much better idea of demand in 2008/2009 in a few months through DD and 485 Inventory.

imdeng - my hearty congrats to you and all those families waiting for this day - just 3 years of wait no buddy few including me have waited 8 years - well lets all pray for speedy movement of EB3 aswell , we should not forget our past and pain... I feel so bad for EB3 guys , I was current in last bulliten but still I didnot enjoy it to the core as I know what others would feel . It is ofcourse a time to rejoice but at the same time pray and try to help EB3 folks by all means (estimation etc).
I am not sure if this movement is good or we are locked for long, yes atleast we would get our EAD soon and will be able to travel to our home countries with least issues.
Its been over 4 years that I have visited my folks back in India - its time to pack short bags and leave !!!!! - Try to be first in the queue because moving forward everything is your Recieved Date a.k.a RD

[ThatIsAll]

Congrats 2009ers! I am current too. Happy. Happy.

I have 2 questions.

My husband works in different state. Can we do our medical exam in different states?

I applied for my passport renewal (with mother's last name correction) last week. Will a copy of passport enough for Medical exam?

Appreciate your responses.
I did my medical and driver's license was good enough. They didn't ask for passport. I guess till the medical is done by authorized civil surgeon then that should be ok. But please check with your lawyer

[vizcard]

Congrats 2009ers! I am current too. Happy. Happy.

I have 2 questions.

My husband works in different state. Can we do our medical exam in different states?

I applied for my passport renewal (with mother's last name correction) last week. Will a copy of passport enough for Medical exam?

Appreciate your responses.


I did my medical and driver's license was good enough. They didn't ask for passport. I guess till the medical is done by authorized civil surgeon then that should be ok. But please check with your lawyer

1. Yes you can fingerprint in any state.
2. You need a government-issued photo ID. It doesn't have to be a passport

[veni001]

Hi, guys, finally my employer filed 485 for me and my wife. I already got 485 receipts. I noticed one problem. My priority date is correct, but my wife's priority date is Dec.29, 2011, which is the received date. Could I contact USCIS to correct this issue? I noticed some other guys also found the same issue. I wonder whether we should all contact USCIS to correct it.

First of all Congratulations!

Usually they leave PD blank for derivative application receipt notice. In any event as long as both of your applications are in the same packet no need to worry.

[suninphx]

- First of all congratulations to all 2009ers. IMO dates will keep moving till a time CO sees substantial qualified demand (rather than filings). As things are going they may want to make category C eventually before retrogressing and that would be awesome. God bless CO.
- personal thanks to user 'coolanil' from trackitt for breaking news about recorded message. Also thanks to our friend Nishant for calling and confirming immediately. I had also called but could not believe so Nishant's confirmation helped.
- sportsfan33 I believe your lawyer sure plays basketball with CO ;). What he predicted came out true at least in terms of overall direction and intent. Please keep sharing such positive piece of information as you get it.
- and ofcourse many thanks for founders of this blog. Hats off to their passion to answer every question in simple terms and keeping calculations as up to date as possible. Some people may think calculations have taken a back seat and I don't agree. We need calculations eventually because that's the only thing which tells us about GC in hand timelines. The best thing about this forum is we have lot of data and every one had freedom calculate own numbers with help of experts here.

Note: eventually TOWCD's predictions(or wild guess- for lack of better word)came out to be true. But I am not ready to give him even benefit of doubt. Not yet.:d

[qesehmk]

Q- when is your tool public
?
I hope to release it for test use within 2-3 weeks.


Getting to a point where Gurus may not need a calculation thread anymore. :)
vizcard - I truly wish so. However that will be possible only when EB quota is increased to 250K or so AND EB1-A&B is made exempt from any quota. think about it - why should there be any quota on people who have extraordinary achievements AND/OR they are PHD holders / scientists etc. Its absolutely stupid. (Disclaimer - I am not one of EB1A&B!!)

[nishant2200]

Q, you may have missed this as Nishant agreed with my interpretation of CO's words in the VB. I believe he will continue with QSP for sure:

kd, but you would also agree that after 5-6 months, the USCIS will hit the "significantly" processing mark, unless Demand destruction is ridiculously high or rest of the categories demand ridiculously low. At the 4 month mark I think it will start trending upwards, but will not significantly high, but after 5-6 months, it might get out of the comfort zone of CO.

[nishant2200]

You are most welcome Sun. I did not want to post news before first calling and listening myself.

by the way, I wonder if that voice is CO's voice :) spooky.....

Are you current yet? Let me know when you do, when I come to Grand Canyon next, I will drop by for drinks :D


- First of all congratulations to all 2009ers. IMO dates will keep moving till a time CO sees substantial qualified demand (rather than filings). As things are going they may want to make category C eventually before retrogressing and that would be awesome. God bless CO.
- personal thanks to user 'coolanil' from trackitt for breaking news about recorded message. Also thanks to our friend Nishant for calling and confirming immediately. I had also called but could not believe so Nishant's confirmation helped.
- sportsfan33 I believe your lawyer sure plays basketball with CO ;). What he predicted came out true at least in terms of overall direction and intent. Please keep sharing such positive piece of information as you get it.
- and ofcourse many thanks for founders of this blog. Hats off to their passion to answer every question in simple terms and keeping calculations as up to date as possible. Some people may think calculations have taken a back seat and I don't agree. We need calculations eventually because that's the only thing which tells us about GC in hand timelines. The best thing about this forum is we have lot of data and every one had freedom calculate own numbers with help of experts here.

Note: eventually TOWCD's predictions(or wild guess- for lack of better word)came out to be true. But I am not ready to give him even benefit of doubt. Not yet.:d

[suninphx]

You are most welcome Sun. I did not want to post news before first calling and listening myself.

by the way, I wonder if that voice is CO's voice :) spooky.....

Are you current yet? Let me know when you do, when I come to Grand Canyon next, I will drop by for drinks :D

CO's voice - lol

You are welcome anytime !

[codesmith]

Yes, as long as he/she is USCIS certified physician.

You need original passport for medicals.

Depens on the physician, my (USCIS certified ) physician asked only for state approved photo id and I used my driving licence even though I'd carried my passport.
So, check with physician I think photo-copy should be good.

[veni001]

Depens on the physician, my (USCIS certified ) physician asked only for state approved photo id and I used my driving licence even though I'd carried my passport.
So, check with physician I think photo-copy should be good.

codesmith,
Agree, since physician has to enter your place & country of birth on the forms, in most cases, they ask for passport. Driver's licence does not carry this information

[randomax]

Fellow members, first of all congrats to all that became current!!

This sudden jump, and the potential (debatable) for a further forward movement in PDs has made my situation a little more complicated. As I mentioned below, i am contemplating taking up a job offer in April 2012. IF (a big IF) I become current in the next visa bulletin (my PD is June-2010) there are two questions I am grappling with:

1) I have to travel for a wedding (brother-in-law so no chance I can skip it) in the first two weeks of March. Given this situation, even if I do become current in March I probably will not be able to file for I-485 till after the second week. I am basing this on my understanding that I cannot file for I-485 while I am in India even if I have all the required documents readily available. There may be a day or two window available to me around March 1, 2 when I can file though. Is it feasible for me to file in that short time frame and then leave the country?

2) The reason this is important is that it seems my processing time for I-485 may be very high if I wait till the second week of March. The only way I can take up another job sooner than the 6 months required (AC21) is if my GC gets approved sooner than this. I am in NYC, can anyone shed light on the likelihood of this happening? I believe it will be Vermont processing.

Thanks again. And congrats to everyone who is current once more!


randomax - As Q keeps saying here - don't put your life on hold because of GC process. Take your new job if it means a significant progress in your career. Only way I see a mid-2010 PD becoming current soon is if HR-3012 passes - and if it does then a few months delay because of the new job will really won't matter much. Best of luck.

PS> Thank you for posting first in the appropriate forum and using the main forum as only the last resort.

[codesmith]

codesmith,
Agree, since physician has to enter your place & country of birth on the forms, in most cases, they ask for passport. Driver's licence does not carry this information

You're right Veni. The physician office asked to fill me their own form/questionier with these details but did not verify it against the passport !!

[veni001]

Fellow members, first of all congrats to all that became current!!

This sudden jump, and the potential (debatable) for a further forward movement in PDs has made my situation a little more complicated. As I mentioned below, i am contemplating taking up a job offer in April 2012. IF (a big IF) I become current in the next visa bulletin (my PD is June-2010) there are two questions I am grappling with:

1) I have to travel for a wedding (brother-in-law so no chance I can skip it) in the first two weeks of March. Given this situation, even if I do become current in March I probably will not be able to file for I-485 till after the second week. I am basing this on my understanding that I cannot file for I-485 while I am in India even if I have all the required documents readily available. There may be a day or two window available to me around March 1, 2 when I can file though. Is it feasible for me to file in that short time frame and then leave the country?

2) The reason this is important is that it seems my processing time for I-485 may be very high if I wait till the second week of March. The only way I can take up another job sooner than the 6 months required (AC21) is if my GC gets approved sooner than this. I am in NYC, can anyone shed light on the likelihood of this happening? I believe it will be Vermont processing.

Thanks again. And congrats to everyone who is current once more!

randomax,

You would know in about 4-5 weeks if you are going to be current!

1) You need to be physically present in US when your AOS applications reach USCIS, i would not recommend leaving US without receipt notice(electronic or hard copy).

2) Since dates are moving in controlled manner i would not worry much for a two week delay in submitting AOS forms.

In any event, for a June-2010 PD i don't expect GC in hand before end of 2012, unless something is really wrong with the data we have on hand.

[funnysummer2005]

Hi gcq- thanks for the response. however, as per the below rule, leaving the country after filing i-485 is not considering abandoning green card application if traveling under valid h1 status.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."



Q/Kanmani/Other experts---Please can you give your comments on the point that qcq has raised.


thanks,





Funnysummer,

The best way for you is to file I-485 after coming to US, wait till you get AP and then leave with AP. If you leave without AP, you are supposed to be abandoning your GC application.
Alternative would be to apply for consular processing, that way you can get your GC while abroad. In fact Ron Gotcher advises CP as a faster route to get GC than AOS. The only advantage with AOS is the EAD and AP that comes with it and you are staying in US.

[veni001]

Hi gcq- thanks for the response. however, as per the below rule, leaving the country after filing i-485 is not considering abandoning green card application if traveling under valid h1 status.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."



Q/Kanmani/Other experts---Please can you give your comments on the point that qcq has raised.


thanks,

funnysummer2005,

Please refer to Federal Register Vol 72 No. 211.

You can download it here (http://www.gpo.gov/fdsys/pkg/FR-2007-11-01/pdf/FR-2007-11-01.pdf), refer to pages 61791-2

[leo07]

is HR3012 still on?

Amen Bro!!

Hearty Congratulations to everyone who is current in last few bulletins.

Please do not stop your support for HR3012.

GOCOGO!!!

PD - Feb 2011

[qesehmk]

That is correct. My understanding is that travelling with Valid H1 visa or approved 797 AFTER 485 filing is not a problem as long as the duration of stay outside is reasonably short. I think a couple months abroad should be considered reasonably short duration.

In fact USCIS shouldn't care about your temporary trip abroad if you can prove you had a residence in US while you were travelling abroad.


Hi gcq- thanks for the response. however, as per the below rule, leaving the country after filing i-485 is not considering abandoning green card application if traveling under valid h1 status.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."



Q/Kanmani/Other experts---Please can you give your comments on the point that qcq has raised.


thanks,

[mohan_jgd]

Congratulations to all those who become current. I really hope EB2IC juggernaut continues!

[iatiam]

Congratulations to all those who become current. I really hope EB2IC juggernaut continues!
Hi Mohan,
Does the "JGD" in your handle stand for "Jai GuruDev". I have been a member of art of living family for the past decade. Just curious.

[iatiam]

I goggled charles oppenheim but could not find his pictures. Wondering how he looks like. For now I am trying to picture him as a very old man with white beard riding a sled and handing out Christmas gifts :D

[funnysummer2005]

Hi Veni and Q- thanks for your answers. I took a look at the Federal Register and from that and your responses, I can conclude 3 things. Pls tell me if you agree with any/all or disagree.

1) From the register as per the change in law, it is not required for a valid h1 holder to present a Receipt when re-entering the country after a trip overseas and importantly nor does this harm the green card process after filing AOS.

2) Leaving the country after filing form AOS does not mean abandonment of green card process if having valid h1 status (counter argument with gcq) as h1 is dual intent.

3) From the bulletin, it also seems clear that if they don't require a Receipt on arrival from overseas back to the US (if having a valid h1), then obviously there is no problem in leaving the US right after (next day) filing form AOS and without having received the Receipt Notice from USCIS. Once again, just have to make sure that you have to be in the country on the day/ day after AOS is filed. (counter argument to earlier discussions with Kanami).

The main point i wanted to get clarified was that there is none adverse impact on green card process with the above after filing AOS and not necessarily the re-entering part.

Thanks for the responses guys.




funnysummer2005,

Please refer to Federal Register Vol 72 No. 211.

You can download it here (http://www.gpo.gov/fdsys/pkg/FR-2007-11-01/pdf/FR-2007-11-01.pdf), refer to pages 61791-2

[gcq]

Hi gcq- thanks for the response. however, as per the below rule, leaving the country after filing i-485 is not considering abandoning green card application if traveling under valid h1 status.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."



Q/Kanmani/Other experts---Please can you give your comments on the point that qcq has raised.


thanks,
I think you are right. Whatever I quoted was a traditional interpretation of I-1485 & AP. Recently I saw some clarifications regarding this.
http://www.murthy.com/news/n_favint.html

Some persons can have nonimmigrant status and an I-485 pending simultaneously, based on the doctrine of dual intent allowed under law. These classes of individuals may file for advance parole while in the U.S., leave before it is approved, and return using their proper nonimmigrant visas without abandoning the advance parole. This privilege extends to H1B, H-4, L-1, L-2, K-3, K-4, V-2 and V-3. These people must be readmitted in the nonimmigrant status without jeopardizing the pending I-485 application to adjust status.

http://www.murthy.com/arc_news/a_adpe.html

The INS has published interim regulations enabling persons who are maintaining valid H1, L1, H4 or L2 status and who have applied for adjustment of status to permanent residence, to travel abroad and reenter the U.S. on their non-immigrant visas rather than needing the advance parole. This new rule takes effect July 1, 1999.

Previously, all persons who have filed for adjustment of status (Form I-485), the last stage of green card processing, have needed to obtain an "advance parole" document in order to travel out of the country while their I-485 applications were pending. Those who traveled abroad without advance parole were considered to be abandoning their adjustment of status applications. In order to maintain one's status, that status must not have expired, and one must not violate that status.

[Kanmani]

Funnysummer

As Q said, a short trip after filing your AOS seems good. You said u are currently stationed at UK. Eventhough the position described in the perm is for furture employment, USCIS nowadays scrutinising all future employment applications. So a potential RFE is likely in your case.

You can consult an immi-attorney for free here http://www.allexperts.com/el/Immigration-Issues/

[funnysummer2005]

Thanks Kanmani- would that be the case even though I have filed under the NIW category and therefore no perm was filed. I mean would me being in the UK and having filed under NIW still be a cause for a RFE?



Funnysummer

As Q said, a short trip after filing your AOS seems good. You said u are currently stationed at UK. Eventhough the position described in the perm is for furture employment, USCIS nowadays scrutinising all future employment applications. So a potential RFE is likely in your case.

You can consult an immi-attorney for free here http://www.allexperts.com/el/Immigration-Issues/

[Kanmani]

I am unfamiliar with NIW category. What I said is true for regular filings .
Thanks Kanmani- would that be the case even though I have filed under the NIW category and therefore no perm was filed. I mean would me being in the UK and having filed under NIW still be a cause for a RFE?

[suninphx]

Funnysummer

As Q said, a short trip after filing your AOS seems good. You said u are currently stationed at UK. Eventhough the position described in the perm is for furture employment, USCIS nowadays scrutinising all future employment applications. So a potential RFE is likely in your case.

You can consult an immi-attorney for free here http://www.allexperts.com/el/Immigration-Issues/



Thanks Kanmani- would that be the case even though I have filed under the NIW category and therefore no perm was filed. I mean would me being in the UK and having filed under NIW still be a cause for a RFE?

IMO - current job location do not have much bearing on GC approval. Otherwise it would almost impossible to get GC for consulting guys. Many of them need to wait for years and no one can expect them to be in one place. Per my understanding in such cases company files with address of HO as job location. And the advertise mentions that employee would need to work at different client locations across US.

[funnysummer2005]

ok Thanks....apologize if this has already been asked, but as everyone else, I am trying to gather all the documents and want to make sure i don't miss anything about and these questions could help others too.

1) Is it a requirement to turn in the I-20 also with the AOS packet? I have been out of school for over 8 years and there is no way i have the 1-20 that was issued back then.

2) Vaccinations- if you are missing one of the vaccinations, will the doctor that you go to for the examination and to complete the form, will be give you that vaccine there and then and check off the box?

3) Anyone who has been to the medical exams so far, what do the doctors ask about past/current drug usage, are there any tests they do for drugs and what is the policy on it?


Thanks,




IMO - current job location do not have much bearing on GC approval. Otherwise it would almost impossible to get GC for consulting guys. Many of them need to wait for years and no one can expect them to be in one place. Per my understanding in such cases company files with address of HO as job location. And the advertise mentions that employee would need to work at different client locations across US.

[suninphx]

ok Thanks....apologize if this has already been asked, but as everyone else, I am trying to gather all the documents and want to make sure i don't miss anything about and these questions could help others too.

1) Is it a requirement to turn in the I-20 also with the AOS packet? I have been out of school for over 8 years and there is no way i have the 1-20 that was issued back then.

2) Vaccinations- if you are missing one of the vaccinations, will the doctor that you go to for the examination and to complete the form, will be give you that vaccine there and then and check off the box?

3) Anyone who has been to the medical exams so far, what do the doctors ask about past/current drug usage, are there any tests they do for drugs and what is the policy on it?


Thanks,

Please check 485 thread. There is lot of information out there.

[Kanmani]

Agree with you with respect to consulting jobs . Consulting firm attorneys are smart enough . But seen and heard several RFEs to non-consultants for change of location too .


IMO - current job location do not have much bearing on GC approval. Otherwise it would almost impossible to get GC for consulting guys. Many of them need to wait for years and no one can expect them to be in one place. Per my understanding in such cases company files with address of HO as job location. And the advertise mentions that employee would need to work at different client locations across US.

[suninphx]

Agree with you with respect to consulting jobs . Consulting firm attorneys are smart enough . But seen and heard several RFEs to non-consultants for change of location too .

Yeah - always best to consult immigration lawyer.

[ontheedge]

I goggled charles oppenheim but could not find his pictures. Wondering how he looks like. For now I am trying to picture him as a very old man with white beard riding a sled and handing out Christmas gifts :D

Hahahahaha! I guess CO Claus had EB2 Indians on his 'nice' list this year

[suninphx]

Why these guys need last residence of one year out side of United States in G-325 form? So for my friend who lived in Australia for oct 05 - nov 07 and then 4 months in India before coming to US he should provide Australia address I believe? Are they going ask him to obtain police Clarence report from Australia? ( He is going to ask his lawyer but that will be on Monday so thought of asking here quickly. Will remove post soon.)

[codesmith]

1) From the register as per the change in law, it is not required for a valid h1 holder to present a Receipt when re-entering the country after a trip overseas and importantly nor does this harm the green card process after filing AOS.
..............


Qstn - What do you mean by valid H1 ? If I've H1 extension and need visa stamping if I go to India would it be considered as valid H1 ?

[funnysummer2005]

codesmith- once you have the visa stamped in your passport, you would then be a valid h1b visa holder. Until you have the visa stamped, you would not be a visa holder.



Qstn - What do you mean by valid H1 ? If I've H1 extension and need visa stamping if I go to India would it be considered as valid H1 ?

[gomesnj]

Hi Gurus,

My PD is FEB 2010, so have to wait for the next month bulletin.
Have a question, I am in my OPT period and my cos to H1b is in process(regular). If I become current in next month bulletin, can I still go ahead and apply my I485 or do I need to wait for my H1B to be approved.
Experts who have any idea in my situation, please advice.

[qesehmk]

You can file 485 without waiting for H1B. But I think you need to check with lawyer since F1 is NOT dual intent status.


Hi Gurus,

My PD is FEB 2010, so have to wait for the next month bulletin.
Have a question, I am in my OPT period and my cos to H1b is in process(regular). If I become current in next month bulletin, can I still go ahead and apply my I485 or do I need to wait for my H1B to be approved.
Experts who have any idea in my situation, please advice.

Veni, I understand that. But documentarily qualified for India has to be 300 per month for EB2I ...and that's enough to stop any further dates progress.

In fact he had not applied QSP, there was absolutely no need to move the dates until May-Jun 2012. Will EB2I produce 300 documentarily qualified in January so that the Mar bulletin that comes out in Feb doesn't need to show dates progress? May be? Will there be 300 EB2I DQ's in Feb? You betcha! Of course but the dates movement is discretionary. So CO can do whatever. IMHO ... April bulletin shouldnt show any movement. If anything it should show retrogression.


Nishant;KD2008; Q;

IMHO, CO can (may/will) continue implementing QSP so long as documentarily qualified EB1& EB2ROW-M-P applications are less than the total available VISA numbers(27%) for that quarter for both categories!


Qstn - What do you mean by valid H1 ? If I've H1 extension and need visa stamping if I go to India would it be considered as valid H1 ?

He should've said approved H1. Whether it is stamped in passport is immaterial. In fact I would say any valid dual intent status is fine.

[SIII140]

Congratulations to all 2009 PD holders! This is a great forum!

I was supposed to file for Successor in Interest I-140 before my PD becomes current, but with Feb2012 bulletin, I am suddenly current.

1. Can I file for Successor in interest I-140 and I-485 concurrently? Last I talked to my lawyer, she said she recommends filing SII before my PD is current. However she did not say I cannot file concurrently. And I would have filed for SII early,but who knew dates will move so fast?

2. What happens if I am diagnosed with TB? Does it stop me from applying for I-485? Does the civil surgeon not sign the I-693?

3. My priority date is in late 2009, EB2I so the earliest that I can apply is Feb1, 2012? Will USCIS accept my application if I manage to submit before Feb2012?

4.Does EAD/AP processing get affected due to concurrent filing? Will they wait until my I-140 is approved before they process EAD/AP?

Thanks in advance for the help.

[Desperate8]

Sorry folks not in the right spot but if someone could answer (my sincere apology if it was already asked)

1-I did my medicals , for my wife since we are expecting our second one she did not get the shots nor the T.B test , the doctor therefor had the waiver checked with a remarks on why she cannot take the test for now - any issues here ?
2- In (my case I got MMR, (T.B was negative), Tetanus -The doctor had marked it as Insufficient Time Interval with a wavier , reason is that I need to take shots in 6 weeks and 6 months - any issues here ?
3 - My birth certificate has both registration date and an issue date, the registration date is few days after my birth (same as birth year) but the Issue date is as of last years we had got a copy , have not submitted any affidavids - any issues here ?
4 - My Employer (has lots of success stories) told me recently that 485 is not employer dependent and that while filing (we dont have any attorneys as such - my employer himself was an attorney in the past) the 485 he submitted my recent paystubs (no company letter or W2's) any issues here ?

[EB2Jun08]

SIII140,

1) You can file SII I-140 and I-485 Concurrently. My Colleague's situation is same as yours and they filed concurrently. In My case, My SII has been filed couple of months before my PD become current ,attorney recommend to get the SII I-140 approved through PP and then file 485.

3) USCIS will reject if they receive the application before Feb 1

4) No,


Congratulations to all 2009 PD holders! This is a great forum!

I was supposed to file for Successor in Interest I-140 before my PD becomes current, but with Feb2012 bulletin, I am suddenly current.

1. Can I file for Successor in interest I-140 and I-485 concurrently? Last I talked to my lawyer, she said she recommends filing SII before my PD is current. However she did not say I cannot file concurrently. And I would have filed for SII early,but who knew dates will move so fast?

2. What happens if I am diagnosed with TB? Does it stop me from applying for I-485? Does the civil surgeon not sign the I-693?

3. My priority date is in late 2009, EB2I so the earliest that I can apply is Feb1, 2012? Will USCIS accept my application if I manage to submit before Feb2012?

4.Does EAD/AP processing get affected due to concurrent filing? Will they wait until my I-140 is approved before they process EAD/AP?

Thanks in advance for the help.

[EB2Jun08]

Gurus,

Can someone tell me what will happen if one enter US on AP with expired H1 visa stamping and valid 797. Does it invalidates H1 and do we have to must use EAD ? or can we still continue work on H1.

thanks

[kd2008]

Please read this report http://www.oig.dhs.gov/assets/Mgmt/OIG_12-12_Nov11.pdf

I guess this details latest systems of USCIS and the challenges as it moves towards an electronic system.

[la_2002_ch]

Gurus,

I have a question. I am currently current and finally filled my papers with USCIS last week (In case some one remembers my previous comment where my employer was not ready to file the I-485) as I negotiated a contract with the management.

Now I have another question. Is it possible for some one to change the location (within the same company, same role and same designation and even the same end client) after filing the I-485? I know we need to wait 180 days before changing the jobs, but not sure if this will be treated as change of jobs or not. My client has a new project at a different location office and wants me to handle that "critical project".

Please advise.

[EB2-03252009]

Hi,

My priority date is 03-25-2009 and I am current in latest VB. The biggest question is "Shall I apply or not", coz I am planning to get married in Dec 2012 to a girl who is in India right now. I am in biggest confusion state whether I shall wait till Dec 2012 and apply for GC or apply now and add my fiance information later? Do you guys think will I be getting my GC by end of 2012 if I apply now? plz comment.

Thanks!

[sdesh005]

Why has the prediction thread been hijacked for 485 filing questions?? Can we create a separate thread in the other Live Q&A section for that if it doesn't already exist? :)

[numgc1311]

I was viewing this thread for long time. And I withdrew myself from asking the question "when I will be current?" from this thread since my PD is may 13 2011. But some how I believe now our time has come to participate in this thread actively.

I really understand that the date movement is based on the visa availability but on basis of recent movement(as saying goes when it pours it will the rip the roof and pours) which even the forum Gurus cannot predict. So can I make a suggestion for future prediction worst case and best case scenario for the year 2010 and 2011.

Best case scenario - That is as the consumption of VISA goes (Currently Oct 2007) what will be the PD movement forward.
Worst case scenario - What if the CO moves two months (or 3k) for every VB from hereafter.

[immi2910]

Gurus,

My PD is 06/2011 so this may not apply for me anytime soon but the recent movement has been unprecedented and I had a question related to CP.

I know it is easy to go from CP to AOS without any additional documentation. Therefore, I had applied as CP when I filed I-140. Moreover, it was general consensus that you generally get Fee Notice and FP notice even before your dates are current (i.e. 6 months before your dates are current). So presumably as soon as the dates got current you would be called for an interview and would get GC faster than AOS.

I do not think any Fee Notices were sent for people in 2nd half of 2009 since the recent movement caught everyone by surprise (including State Dept). What is option for people on CP? Should they continue with CP knowing fully well the dates might retrogress and they may never get an interview? Or should they go for AoS? If the PD is current when is a visa number allocated? Is it when the Fee Notice is sent or at some later stage?

[leo07]

I would suggest transfer H1 and port your PD.(file for labor+140and 485 at the same time)

I agree, you should not be leaving ur h1 for no reason,,.but i was talking about if situation arises and if i have to leave my job or loose my job,, can I change jobs using AC21 if i am using EAD (may b after 180 days)? or if not and if i loose my H1 job before AOS approval, do I have to transfer H1 and start GC process from the beginning?

[leo07]

Risk as I see it is obvious:), if you lose the primary job you are in a soup. because EAD is valid only for 12 months. If your employer revokes your 140??

I think EAD can be used for any employer. So what is the risk of using EAD when you have H-1? Please explain

[suninphx]

Risk as I see it is obvious:), if you lose the primary job you are in a soup. because EAD is valid only for 12 months. If your employer revokes your 140??

They are giving out EAD with 2 yr validity now ins't it? ( In fact heard its a EAD/AP combo card)

[leo07]

nope. Just 1 year combo card. Even if it's two years, I'd argue against the venture.

They are giving out EAD with 2 yr validity now ins't it? ( In fact heard its a EAD/AP combo card)

[kolugc]

I wouldn't call it a fiasco this time, as it is a calculated move. But, yes, in general I agree with your inference that it could take that long for 2008 filers.
Curious, if any 2008 filers got their EAD/AP? if so, is it for 1 year or two years?

I think people applied in Oct 2011 are getting their EAD's now... 2008'ers would have start applying from Dec 1st 2011.

[iatiam]

Is it true that 485 can be filed only in Feb if the PD is current for Feb bulletin? At least that's what my attorney says?

[leo07]

yes. In most cases, if your attorney says, it's almost always true. atleast as to when to file:) Good Luck!

Is it true that 485 can be filed only in Feb if the PD is current for Feb bulletin? At least that's what my attorney says?

[Sandeep2011]

They are giving out EAD with 2 yr validity now ins't it? ( In fact heard its a EAD/AP combo card)

They are still issuing EAD with only one year validity but it is a EAD/AP combo card. I received it for my wife and I last week.

[Sandeep2011]

Is it true that 485 can be filed only in Feb if the PD is current for Feb bulletin? At least that's what my attorney says?

Yes, this is what was told by my lawyer as well.

[leo07]

Right. NSC is pretty fast, so was wondering if any of 2008 filers got 2 year combo card for EAD/AP. Because that would indicate some thing

I think people applied in Oct 2011 are getting their EAD's now... 2008'ers would have start applying from Dec 1st 2011.

[zenmaster]

Guys,
Did anyone self-file 485 ??
I am so sick of these lawyers... and their exorbitant fees

[sudeep]

Hello,

Greetings to all forum members! I have been following the forum for a while now, and have found to be quite helpful and logical. I am hoping that forum members would be able to help me with my current issue..

My PD is EB2 nov 2007, but recently (a few months back) my company was merged with another. This made an I140 amendment (successor in interest) necessary, and the same has been received by Nebraska Svc center on Sept 20 2011. It has not been pending for 3 months and 20 days. The case status for this I140 amendment petition is "Initial Review".

Meanwhile, in Dec I was eligible to file for I485 and sent the application to the USCIS with a receipt date of Dec 6 2011.

My questions are,
1. Will my I485 application be processed even if my I140 amendment is still pending?
2. How long does it take for USCIS to adjudicate I140 amendment petitions? (my lawyer told me that there is no Premium Processing for I140 amendments). Currently, the average time taken for the Nebraska svc center to handle I140 petitions is 4.5 months. Is it reasonable to expect a similar time frame for I140 amendments as well?

Also, will it be possible for me to get a Green Card this year? :-)

[zenmaster]

Zenmaster

what was the max and min amount you come across as attorney fees? You can't beat what I heard from one of the biggest law firm today .

These are my lawyer's fees :
$1400 Primary 485 Filing Lawyer Fees
$1000 Dependent 485 Filing Lawyer Fees
$250 File Maintenance

I agree that there might be way many attorneys charging higher fees.
So much arrogance and so much attitude by the Paralegals is what pissed me of today :(

[imdeng]

I have a quick question regarding 485 filing. I am current and will be filing 485 in Feb. I have everything set - except for one issue. I am currently on a Leave-of-Absence for one year that will finish in Sept 2012 (this is quite common in academic jobs, I am essentially not teaching but working on my research). My employer has no problem issuing me an EVL (I got my H1B visa stamped in Nov using one), however, since I am on leave, I do not have any pay-stubs. I have noticed that some filers are attaching pay-stubs while others are not. Do you think this is a problem? Should I just file with an EVL and no pay-stubs?? Thanks.

[enigma]

Folks,

I will be current in February and am preparing to file for AOS (a lot sooner than expected like most other 2009ers) :)

I have a question regarding my situation -

Back in 2009 I applied for and got my Australian Permanent residency approved - I had been in US for 9 years by then and lost hope with US GC and decided to try my luck elsewhere. Please note that even though I have my Australian PR I have lived and worked in the US all along.

Now that I am current and eligible to apply for AOS, I am curious to know if my Austrlaian PR could anyway be an impediment to my US GC process. Has anyone been through a similar situation before or have any thoughts on this?

Thanks.

[vizcard]

I have a quick question regarding 485 filing. I am current and will be filing 485 in Feb. I have everything set - except for one issue. I am currently on a Leave-of-Absence for one year that will finish in Sept 2012 (this is quite common in academic jobs, I am essentially not teaching but working on my research). My employer has no problem issuing me an EVL (I got my H1B visa stamped in Nov using one), however, since I am on leave, I do not have any pay-stubs. I have noticed that some filers are attaching pay-stubs while others are not. Do you think this is a problem? Should I just file with an EVL and no pay-stubs?? Thanks.

Paystubs are not required per 485 instructions. Section 11B.

[BBear123]

I have a quick question regarding 485 filing. I am current and will be filing 485 in Feb. I have everything set - except for one issue. I am currently on a Leave-of-Absence for one year that will finish in Sept 2012 (this is quite common in academic jobs, I am essentially not teaching but working on my research). My employer has no problem issuing me an EVL (I got my H1B visa stamped in Nov using one), however, since I am on leave, I do not have any pay-stubs. I have noticed that some filers are attaching pay-stubs while others are not. Do you think this is a problem? Should I just file with an EVL and no pay-stubs?? Thanks.

imdeng, my immigration attorney asked for my taxes but not for pay stubs. I think this has to be one of those optional things that some application packets may have?

This is just my personal experience but several other people in my company have gone through the same law firm and the procedure has been the same.

[Desperate8]

I have a quick question regarding 485 filing. I am current and will be filing 485 in Feb. I have everything set - except for one issue. I am currently on a Leave-of-Absence for one year that will finish in Sept 2012 (this is quite common in academic jobs, I am essentially not teaching but working on my research). My employer has no problem issuing me an EVL (I got my H1B visa stamped in Nov using one), however, since I am on leave, I do not have any pay-stubs. I have noticed that some filers are attaching pay-stubs while others are not. Do you think this is a problem? Should I just file with an EVL and no pay-stubs?? Thanks.

Well, this is my 2 cents on this.

1.You can very well enclose a company letter which would establish the fact that the "Future employment" is still valid.

2.The reason for paysutbs been submitted is to prove your legal status.You could well send supporting documents that would add value to your case.

[bieber]

Paystubs are not required per 485 instructions. Section 11B.
vizcard

can you please provide the link to the document that you are referrring?

thanks

[enigma]

I posted the below question in the 485 thread but I am posting it here as well since this thread seems to be lot more active and has better visibility.

I will be current in February and am preparing to file for AOS (a lot sooner than expected like most other 2009ers)

I have a question regarding my situation -

Back in 2009 I applied for and got my Australian Permanent residency approved - I had been in US for 9 years by then and lost hope with US GC and decided to try my luck elsewhere. Please note that even though I have my Australian PR I have lived and worked in the US all along.

Now that I am current and eligible to apply for AOS, I am curious to know if my Austrlaian PR could anyway be an impediment to my US GC process. Has anyone been through a similar situation before or have any thoughts on this?

Thanks.

[vishnu]

consult your attorney on this or browse online for people in similar situations (more with canadian pr approved). my feeling is that there is no problem so long as u intend to make the US your home... in doing so, i guess your aussie PR would lapse at some point anway.

[SIII140]

Hi,

I need to know urgently if this is a normal way of doing business:
My lawyer says I need to pay him the USCIS fees and then he will cut checks to USCIS when he sends my application. This is not my company lawyer and my company is paying nothing.

Is it better to give him certified checks addressed to US DHS instead? But unlike normal checks, I wont come to know through my online account about the certified check being cashed, so that benefit is lost.

Thanks in advance for the help.

[gc0907]

From my general understaning, the GC process itself shouldn't affect your Australian PR. What you might want to consider is the rules that might affect your A-PR and GC once you have multiple PRs.
e.g. US GC has some rules (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCR D&vgnextchannel=3f443a4107083210VgnVCM100000082ca60a RCRD)that define if you are maintaining the PR status:

So check if there's something similar for A-PR. Also you might want to post this question on some australian PR forum as well.



Folks,

I will be current in February and am preparing to file for AOS (a lot sooner than expected like most other 2009ers) :)

I have a question regarding my situation -

Back in 2009 I applied for and got my Australian Permanent residency approved - I had been in US for 9 years by then and lost hope with US GC and decided to try my luck elsewhere. Please note that even though I have my Australian PR I have lived and worked in the US all along.

Now that I am current and eligible to apply for AOS, I am curious to know if my Austrlaian PR could anyway be an impediment to my US GC process. Has anyone been through a similar situation before or have any thoughts on this?

Thanks.

[imdeng]

Thanks everyone. Your responses are much appreciated. My conclusion is that Pay Stubs are not mandatory and an EVL should do the trick. Thanks.

Well, this is my 2 cents on this.

1.You can very well enclose a company letter which would establish the fact that the "Future employment" is still valid.

2.The reason for paysutbs been submitted is to prove your legal status.You could well send supporting documents that would add value to your case.


imdeng, my immigration attorney asked for my taxes but not for pay stubs. I think this has to be one of those optional things that some application packets may have?

This is just my personal experience but several other people in my company have gone through the same law firm and the procedure has been the same.


Paystubs are not required per 485 instructions. Section 11B.

[fudge-it]

this is not a thread about predictions/calculations anymore..?

[vizcard]

vizcard

can you please provide the link to the document that you are referrring?

thanks

http://www.uscis.gov/files/form/i-485instr.pdf

Section 11B (page 4)

[SIII140]

Hi,

I need to know urgently if this is a normal way of doing business:
My lawyer says I need to pay him the USCIS fees and then he will cut checks to USCIS when he sends my application. This is not my company lawyer and my company is paying nothing.

Is it better to give him certified checks addressed to US DHS instead? But unlike normal checks, I wont come to know through my online account about the certified check being cashed, so that benefit is lost.

Thanks in advance for the help.

[qesehmk]

Point well taken.

I guess we encourage but don't restrict people to post only relevant posts. We try to clean up the thread offline. But honestly that's a very time consuming effort. And I do it once in a while.



this is not a thread about predictions/calculations anymore..?

[dexter2010]

Greetings,

I'm posting this question on behalf of my friend who is desperately seeking some advise as his lawyer has not been very clear.

His situation is as follows:

His PD is Nov 2009 and he will be current as of Feb 1st 2012. He is here on H1 and his spouse is on H4. VISA has been stamped on their passport. They have two kids and they are american citizens.

He has to travel to India in the month of February to attend to a personal matter that cannot be easily postponed. His lawyer has suggested that he should file for AOS/EAD/AP on the first day of February, wait for the receipts to come (he indicated that it usually takes about a week to get the receipts) and then travel to India. The appointment for FP usually takes 6 to 8 weeks and he can be back in time for that. In case the FP appointment comes up early then he can reschedule that for a later date.

Would this be a good route to adopt? Would they have any problems considering that the FP process is not yet done and they leave the country?

The other option is that he prepones his visit to india and returns by 3rd week of February and then files for AOS. He will finish his medical tests etc before he leaves for India.

Please advise on what you would recommend.

[randomax]

thanks Veni, and how long does it usually take to get a receipt from the time I send my application for I-485? Also, would my wife need to be in the country as well? She will be added to my GC application. thanks.


randomax,

You would know in about 4-5 weeks if you are going to be current!

1) You need to be physically present in US when your AOS applications reach USCIS, i would not recommend leaving US without receipt notice(electronic or hard copy).

2) Since dates are moving in controlled manner i would not worry much for a two week delay in submitting AOS forms.

In any event, for a June-2010 PD i don't expect GC in hand before end of 2012, unless something is really wrong with the data we have on hand.

[veni001]

thanks Veni, and how long does it usually take to get a receipt from the time I send my application for I-485? Also, would my wife need to be in the country as well? She will be added to my GC application. thanks.

randomax,
Receipts will take couple of weeks, Yes your spouse need to be physically in US to be able to apply for AOS(485).

[gc0907]

My lawyer asked for two separate checks. You can ask the lawyer that you would like to give separate checks. I am not sure why he should deny.
One thing I can think of why someone could ask this is - they can use your money for a week or two.


Hi,

I need to know urgently if this is a normal way of doing business:
My lawyer says I need to pay him the USCIS fees and then he will cut checks to USCIS when he sends my application. This is not my company lawyer and my company is paying nothing.

Is it better to give him certified checks addressed to US DHS instead? But unlike normal checks, I wont come to know through my online account about the certified check being cashed, so that benefit is lost.

Thanks in advance for the help.

[zenmaster]

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



<DATE>

US Department of Homeland Security
United States Citizenship and Immigration Service
<your Service Center address>

Re: Permanent Residence of <primary applicant's name>

Dear Sir or Madam:

This letter is to confirm that <primary applicant's name> will be employed with us on full time, permanent basis upon receiving approval of his permanent residence application. He will receive an annual salary of no less than <annual salary as per your labor cert, could be more, not less>. His job title will be <job title as per labor cert.>, and he will be performing the following duties:

<As per job description of your labor cert Develop Java, J2EE, Web development, database dev, ETL, C++, and whatever the duties are there list in your labor cert>

Please feel free to contact us if your office should require any further information.


Sincerely,


<signature, name and title of authorized person>
<employer name>

[zenmaster]

In my case, law firm sent full invoice to employer inclusive of filing fees. So i guess lawyer will write his own check/create money order etc...
I wont be able to track check cashing... but i guess its ok :)
Why bother about cashed checks when i know i am not gonna get GC before 2014 :D
My pd is May2009.

[funnysummer2005]

Hi guys- so far i have the following supporting documents that i will be sending to the lawyer. can someone see if i have missed anything:

1) Birth certificate
2) OLD EAD cards
3) Passport copies
4) Visa copies
5) College degree
6) All I-797 notices from prior visas and I-140 approval
7) Pay stubs
8) W2 stubs
9) Tax returns
10) Bank statements
11) Bank letter
12) Employer letter
13) I-94
14) Photos

These are the forms that i think i need to fill out.

1) I-485
2) Biographical form G-325A
3) EAD form
4) Advance parole form
5) Attorney rep form
6) Internet notification form
7) Medical form

Pls tell me if i have missed anything here.

thanks and good luck all.

[EB2-03252009]

I am ONE among them :(


20k H1's are for MS guys, assume 50% them applied for GC's every year . ie 10k. 50% chances are there 5k are unmarried in that pool or in dilemma to file or rushing for finding girl, this definetely take atleast 6 months to 1 year for them to file.most of them finishes MS by 23 years + 2.5 years OPT + 2 years H1 they start apply for GC=28 years

so since Jan 1st 2008 to Jan 1st 2010 there must be atleast 8k . i.e 17% huge....what do you guys think?

[gkjppp]

I am ONE among them :(

I wish you will definetely find a girl before retro...you got more 79 days to file...

[EB2-03252009]

I guess I wont apply this time, as I might get married during later part of the year. so I will wait. Don't know when again my dates will be current. Its disappointing that you wait all these years and suddenly u r at a point tht u cannot apply.. thts okay.. there is always next time!



I wish you will definetely find a girl before retro...you got more 79 days to file...

[free2talk]

I guess I wont apply this time, as I might get married during later part of the year. so I will wait. Don't know when again my dates will be current. Its disappointing that you wait all these years and suddenly u r at a point tht u cannot apply.. thts okay.. there is always next time!

I think you should apply for EAD right now and also maintain your H1 status.
Your wife can then come with you on H4.If the date retrogresses, which it will, you can file for her 485 and GC when it opens again.I have a friend who got EAD in the July EB2 fiasco,got married in 2010 and now when his date got current in July 2011 he applied for 485 for his wife and they both have their GC's now.Its important to stay on your H1 for this to work.If you plan to move to EAD then of course this wont work.

[ragx08]

I think you should apply for EAD right now and also maintain your H1 status.
Your wife can then come with you on H4.If the date retrogresses, which it will, you can file for her 485 and GC when it opens again.I have a friend who got EAD in the July EB2 fiasco,got married in 2010 and now when his date got current in July 2011 he applied for 485 for his wife and they both have their GC's now.Its important to stay on your H1 for this to work.If you plan to move to EAD then of course this wont work.

If spouse can change his/her status to H1B, then moving over to EAD should be OK - I guess?!

[enigma]

Thanks Vishnu and gc0907 for your insight. I did some googling as well and it looks like the majority of them indicate that holding a PR of another country should not have any impact on US GC process.


From my general understaning, the GC process itself shouldn't affect your Australian PR. What you might want to consider is the rules that might affect your A-PR and GC once you have multiple PRs.
e.g. US GC has some rules (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCR D&vgnextchannel=3f443a4107083210VgnVCM100000082ca60a RCRD)that define if you are maintaining the PR status:

So check if there's something similar for A-PR. Also you might want to post this question on some australian PR forum as well.