Prepare to file I485

[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.