Prepare to file I485

[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.