Prepare to file I485

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11-23-2011, 02:03 PM
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.

Quote:

Originally Posted by 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?
12-04-2011, 02:09 PM
Reddy001

http://www.qesehmk.org/forums/forumdisplay.php?18-485-amp-CP-Related-Topics

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.
12-04-2011, 02:32 PM
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.

Quote:

Originally Posted by 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.

Quote:

Originally Posted by soggadu

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

soggadu replied privately. My best wishes.
12-04-2011, 05:33 PM
Reddy001

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

Quote:

Originally Posted by 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.

soggadu replied privately. My best wishes.
12-04-2011, 05:46 PM
qesehmk

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

Quote:

Originally Posted by Reddy001

Thanks Q. What if we recieve Green card..can she use it to re-enter?
12-04-2011, 06:39 PM
Reddy001

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

Quote:

Originally Posted by qesehmk

Absolutely yes as long as the 485 was filed when she was in US.
12-04-2011, 08:49 PM
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.

Quote:

Originally Posted by Kanmani

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
12-05-2011, 09:02 AM
veni001

Quote:

Originally Posted by Kanmani

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

Quote:

Originally Posted by 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.

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.
12-10-2011, 10:21 AM
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.
12-10-2011, 10:46 AM
veni001

Quote:

Originally Posted by 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.

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.
12-10-2011, 10:59 AM
natvyas

How do I get my last 2 yrs tx return documents? all I have is W2
12-10-2011, 11:08 AM
nishant2200

Quote:

Originally Posted by natvyas

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

http://www.irs.gov/individuals/artic...110571,00.html
12-10-2011, 11:09 AM
RMS_V13

Quote:

Originally Posted by 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.

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
12-10-2011, 11:29 AM
natvyas

How long does it take to get the tax return docs ? Should I be requesting the tax return transcript?
12-10-2011, 03:37 PM
tnayar78

Quote:

Originally Posted by veni001

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.
12-11-2011, 03:00 PM
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 ?
12-11-2011, 03:12 PM
gc0907

I never heard B1/B2 gets any approval notice.
12-11-2011, 03:33 PM
soggadu

Quote:

Originally Posted by 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 ?

Your passport should have all these info..... Even the first H4 doesn't have a notice.... So your passport copy is the key....
12-11-2011, 04:35 PM
SaturnRing

Birth Certificate - Affidavit Question

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.
12-11-2011, 08:45 PM
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.

Quote:

Originally Posted by 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.
12-11-2011, 08:47 PM
codesmith

Quote:

Originally Posted by gc0907

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.
12-12-2011, 10:05 AM
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.

Quote:

Originally Posted by 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.
12-12-2011, 10:14 AM
maggie

Quote:

Originally Posted by 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.

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.
12-12-2011, 11:33 AM
pdmay2008

H1B Extension & I-485 Filing

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.
12-12-2011, 01:35 PM
soggadu

Quote:

Originally Posted by 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.

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....
12-12-2011, 02:05 PM
pdmay2008

Quote:

Originally Posted by soggadu

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.
12-12-2011, 02:32 PM
soggadu

Quote:

Originally Posted by pdmay2008

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)...
12-12-2011, 03:38 PM
scion78

Gurus, one basic question. I live in Maryland, does that mean my 485 packet has to go to Texas Service Center?
12-12-2011, 03:48 PM
maggie

Quote:

Originally Posted by scion78

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/usc...004718190aRCRD
12-12-2011, 04:07 PM
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?
12-12-2011, 04:47 PM
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.

Quote:

Originally Posted by 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?
12-15-2011, 09:19 AM
codesmith

A#

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
12-15-2011, 11:50 AM
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).
12-15-2011, 12:00 PM
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.

Quote:

Originally Posted by 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
12-20-2011, 07:24 PM
natvyas

EAD + AP - Should I apply for it

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
12-20-2011, 08:11 PM
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?

Quote:

Originally Posted by 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
12-20-2011, 08:37 PM
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.
12-20-2011, 09:05 PM
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
12-20-2011, 10:42 PM
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)?

Quote:

Originally Posted by 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
12-22-2011, 02:33 PM
vizcard

Quote:

Originally Posted by 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

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.

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