I-485 Filing Checklist

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10-08-2011, 06:39 PM
makmohan

Quote:

Originally Posted by Spectator

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

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

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

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

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

Thanks Spec. Appreciate your reply.
10-09-2011, 09:22 AM
indiaeb2

Hi Friends,

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

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

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

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

2. will this create a issue on my GC

Hope i was clear. pls help
10-09-2011, 09:42 AM
qesehmk

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

Quote:

Originally Posted by indiaeb2

Hi Friends,

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

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

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

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

2. will this create a issue on my GC

Hope i was clear. pls help

Quote:

Originally Posted by vedu

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

I am sure Gurus have also taken this into consideration.

well it helps EB3. But not EB2. Practically EB3 is so large that porting at that level can continue forever. Its a lose lose game frankly speaking. What must happen is a number of things like:
1. Increase EB limit
2. Stop counting dependents in EB
3. Abolish country limit
4. Recapture prior visa wasted
10-09-2011, 09:51 AM
indiaeb2

Quote:

Originally Posted by qesehmk

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

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

Cool. I have the i797 which i never used. Ok then i will submit.
10-09-2011, 07:25 PM
snathan

Quote:

Originally Posted by indiaeb2

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

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

Why do you invite the devil for dinner?
10-09-2011, 08:29 PM
veni001

Quote:

Originally Posted by snathan

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

Why do you invite the devil for dinner?

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

One way of proving it is by submitting all i797 approval notices.
10-09-2011, 10:35 PM
snathan

Quote:

Originally Posted by veni001

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

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

If you never joined that compny how its going to help to prove ? If you are on bench without pay with the current employer, and if you submit the I-797 of another employer for that period...still you are out of status. Its not going to make any difference.
10-10-2011, 11:24 AM
tackle

Quote:

Originally Posted by veni001

one must prove continuous legal status when applying for AOS.

I've seen this mentioned at several places. But I was not able to find this requirement in I-485 instructions. Is it mentioned elsewhere? Also, what does continuous legal status mean? Does it mean that you were on a valid visa for the entire period of stay in US? Do they not have access to the applicant's visa records to determine if the person was in US legally?
10-10-2011, 12:02 PM
nishant2200

Quote:

Originally Posted by krishnav

Awesome...Thanks Nishant

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

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

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

Page 27, post 660 by kanmani and few posts later there is further info put indiaeb2 on post 675.
10-10-2011, 01:39 PM
nishant2200

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

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

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

Quote:

Originally Posted by indiaeb2

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

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

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

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

Thanks
10-10-2011, 01:52 PM
qesehmk

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

Quote:

Originally Posted by indiaeb2

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

On the IV topic - I have moved all the posts to its own thread at http://www.qesehmk.org/forums/showth...and-censorship to keep this thread clean.
10-10-2011, 01:53 PM
veni001

Quote:

Originally Posted by tackle

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

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

Please read this article on AOS (i485) from immihelp.com

Look at the paragraph before "Ineligibility to Adjust Status"
10-10-2011, 03:17 PM
indiaeb2

Quote:

Originally Posted by qesehmk

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

On the IV topic - I have moved all the posts to its own thread at http://www.qesehmk.org/forums/showth...and-censorship to keep this thread clean.

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

.......My company or my company attonry does not know this and i dont want to share with them at this point of time as its too late for them to know this and now they may create a fuss now... and i am filing using my company attorney.
10-10-2011, 03:30 PM
indiaeb2

Quote:

Originally Posted by nishant2200

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

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

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

Thanks Nishant for googling this for me... Better now seeing all your replies..i am gonna hold off sending the I797 which i never used..
10-10-2011, 04:23 PM
ct06511

Questions about delivery date and staples

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

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

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

Thanks very much!

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
10-10-2011, 05:36 PM
veni001

Quote:

Originally Posted by ct06511

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

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

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

Thanks very much!

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

ct06511,

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

2) Paper clips are recommended.
10-10-2011, 07:34 PM
veni001

Quote:

Originally Posted by ct06511

Veni, thanks for the reply!

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

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

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

ct06511,

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

Don't worry about the convenience factor for the reviewer!
10-14-2011, 12:14 AM
nishant2200

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

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

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

Quote:

Originally Posted by ct06511

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

http://www.visajourney.com/forums/to...uscis-require/

Any official clarification? Thanks!
10-16-2011, 11:02 AM
nayekal

Regarding Marriage Certificate

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

I am planning to add house title, which has got her full name. Would that be sufficient?
I have asked my attorney, but haven't received any answer so far.
10-16-2011, 11:22 AM
nishant2200

Yes that's sufficient.

Quote:

Originally Posted by nayekal

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

I am planning to add house title, which has got her full name. Would that be sufficient?
I have asked my attorney, but haven't received any answer so far.
10-20-2011, 04:38 PM
Pdmar08

Monica guess what...i went skydiving 9 years ago to the date.wow...
10-24-2011, 08:58 AM
TeddyKoochu

Does anyone know exactly in whose name the checue for I485 filing needs to be made is it USCIS, INS or DHS. I read couple of places and there is different information everywhere.
10-24-2011, 12:24 PM
TeddyKoochu

Quote:

Originally Posted by TeddyKoochu

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

Friends I found the answer, the cheque is supposed to be in favour of US DHS it’s given on page 8 of the I485 instructions.
10-28-2011, 01:19 AM
EB2EB2

Hi All, I'm in EB2 category with Priority date 23-FEB-2009.
I've question regarding my birth certificate. Basically we did not have my birth certificate at all (It probably was not mandetory in the part of India where I was born).
My mom did an affidavit in 2007 in standard template stating that I'm her son and I was born so-&-so date at so-&-so place. This affidavit is on a 100 Rupee stamp-paper and endorsed by notary in India.
My question is -- Is this birth affidavit enough during filing for I-485 ? Or do I need to produce any other document related to birth proof ?
Please help with this question, please.
Regards.
10-28-2011, 02:13 PM
druvraj

Q and other Gurus,

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

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