Friday, July 19, 2013

Getting ready to file I-485


As per August 2013 Visa Bulletin, EB2 India priority cut off date is 01 JAN 2008. This means, whoever has not filed their I-485 and related documents will be able to file from August 1, as long as their EB2 India priority date is earlier than 01 JAN 2008.

Please consult with your immigration lawyer for an exhaustive list.

In general, you will need these:

1. Copy of official birth certificate
2. Copy of official marriage certificate
3. Copy of current passport and previous passports (each and every page including blank pages)
4. Copy of most recent I-94 card (front and back sides)
5. Copy of latest 2 years of US federal income tax return
6. Copy of latest 2 years of W-2 forms
7. Experience letters from previous employers
8. History detailing all entries into and exits from the U.S. -- visa and date
9. Medical examination results in a sealed envelope
10. Six passport-style photographs
11. Degree certificates

If your Birth Certificate or Marriage Certificate is incomplete, you will need an affidavit. For more information, Please Click Here

For I-485 form and instructions, Please check the USCIS website -- http://www.uscis.gov/i-485

If you have I-485 already pending and if you want contact USCIS, please check the procedure on the USCIS website -- USCIS Contact Us

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39 comments:

  1. Thank you... Can you pls tell me what should I put under the non immigrant visa number on 485 app? Will this be from my visa stamping? iF so... I have few visa approvals after my stamping..still use the last number stamping informant?

    ReplyDelete
    Replies
    1. Any thoughts, Ambal?

      Delete
    2. Yes. It is the visa number from stamping. Please do verify with your immigration lawyer showing your visa.

      Delete
  2. Thanks for the comprehensive checklist. Might sound trivial whats the typical filing date aka mailing date. Should the packet be post marked Aug 1st. And the latest payslip or stubs required?

    ReplyDelete
    Replies
    1. Typically, if it reaches to USCIS on Aug 1 or later, you should be good.

      Delete
  3. Thank you Ambals. How long will it take to do the Medical Examination. Should I wait until the Visa bulletin to be released with my PD current. My PD is Feb 2008

    ReplyDelete
    Replies
    1. Wait for next month VISA Bulletin..

      Delete
    2. As soon as you see you are current in a visa bulletin, you can go for medical.

      Delete
  4. Hello Ambals,

    This questions doesn't fit into the topic. However, could you answer this when you get a chance.

    My I 485 is pending. I have an approved EAD. I want to change the employer. My new job has similar description to that of the old one. SOC is the same. The wages at the new job is slightly higher.

    Is it safe enough to change the job and employer?

    Please advice.

    Thank you.

    ReplyDelete
    Replies
    1. If it has been 180 days since the day your EAD was approved, you are eligible to switch employers using the AC21 clause. Your immigration lawyer will file a letter with the USCIS informing them of the change in jobs.

      Delete
    2. If it is same or similar role, you can switch employers and file AC 21. In order to do this:
      Your I-140 has to be approved, your I-485 has to be pending for 6 months or more and you should have your EAD.

      Delete
  5. Ambal, my I-140 is approved for a specific financial services role in my company. I am seeking to move to another role within the same organization and legal entity. I heard there's a way to update USCIS about this without going through PERM and 140 again. Can you shed some light?

    ReplyDelete
    Replies
    1. As far as my understanding goes, if you change your roles, you need to file new PERM.

      Delete
  6. Dear Ambals,

    I am working in North Carolina, but company is based in Detroit, MI. In the I-485 form, my company is putting their address instead of my address.

    When I asked my company about it they said that RFE's for I-485 are directly going to employee homes and sometimes they move and the mail doesnt get delivered, so they are filling up their address.

    I am highly suspicious of this practice since the G-28 form already has the attorney details. Is my gut feeling correct?

    Also, will they send the Biometric screening to Detroit instead of North Carolina?

    Thank You in advance for your assistance.

    Raj.

    ReplyDelete
    Replies
    1. My company also has its headquarter in MI. But, there was a place to put my home address in TX.

      Delete
  7. Just wondering how much is a reasonable amount for the attorney fees, my jackass lawyer is demanding 4000$ for my wife and myself on top of the 2140$ application fees. I feel he is taking advantage of me. My company is not paying for this even though i work full time.
    Thanks

    ReplyDelete
    Replies
    1. That definitely is a steep amount. Try getting a quote from a different lawyer, the real jackass here is your company, they should be paying for the fees.

      Delete
    2. This comment has been removed by the author.

      Delete
  8. Hello Ambal, I have submitted all my documents to my company- they are going to review before they submit to the INS. Quick question though- I am assuming that me and my spouse will have the EAD and Advance payroll in a month or so after the filing. I am parallely also filing for the h1 extension. If i travel on Advance payroll and with new extended H1 approval- do I have to get the stamp done or I can come back in USA on Advance payroll with approved I 797? In short- I no longer want to go through stamping process! Hope you understand my question. I ALSO hope that the dates remains current for another few months in order for the GC- I also heard that depending on the office it is filled- it may come in 15 days after the finger print? How true is that????

    ReplyDelete
    Replies
    1. Whether you want to come in h1b or AP, you need discuss your specific case with your immigration lawyer.
      Once you apply, AP and EAD should come in about 60 days.
      Time to get GC -- depends on lot of factors -- how correct you have filed your docuemnts, how long it takes for FBI name check, how long you have been in US and what status they are and so on.

      Delete
  9. Thank you...In any event do you think stamping is needed.. just because I have the AP and extended H1?

    Thank you!

    ReplyDelete
    Replies
    1. Some folks suggest you maintain your H1b as long as possible till you get your green card, for various reasons -- main thing being if there is any issue on your Green Card application, you have something to fall back.
      I am on EAD and AP. I have used it AP last couple of times.
      It is just the choice and your job situation.

      Delete
  10. Hi
    I am on EAD and my PD is oct 2007 EB 2 but my wife has an F1 approved and stamping done recently from India and her F1 is from July 2013 - 2018 but she did not join college in July so planning to join for fall sep 2013 and my question does she need to join college or could she apply for I 485 when it is current

    ReplyDelete
    Replies
    1. I think it is better to consult an immigration lawyer.
      I am assuming your goal is to get green card. If I am in your place, I would apply for I-485 whenever it is current. It might retrogress.
      But, consult your specific case with an immigration lawyer.

      Delete
  11. Does any one can tell- How long the EAD/Advance Payroll takes to arrive after you apply for the 485 for the first time- different site and blog have different answer- some site it says- it can take at minimum of 10 days at times.. TRUE?

    ReplyDelete
    Replies
    1. Hi Ambal, Any thoughts?

      Delete
    2. It totally depends on the volume they are dealing with at the time you apply. Current timing is about 60 days. Check USCIS website for timing and also trackitt to see when folks are getting.

      Delete
  12. Hello Ambals,
    Any tips or experiences on GC via Consular processing?I have applied for I140-EB2 and my priority date is current now.
    Thanks,

    ReplyDelete
    Replies
    1. I am not sure about consular processing. I will let other readers reply.

      Delete
  13. Hi,
    This is a specific question on filling the G-28 form, In Part 3, Notice of Appearance as Attorney or Accredited Representative:
    Box 7: Provide A-Number and or Receipt Number
    My attorney filling in:
    N/A - Concurrent Filing

    What does this mean? I already have my I-140 approved under EB2 with PD of Sep, 2007.

    Googling didn't help, wondering if anybody has an answer..
    Thanks

    ReplyDelete
  14. Hi,
    We have A number on the Medical exams for 485 filled in using our I-94 number.
    But the rest of the forms have the actual A-number from the EAD card. Would this result in an RFE?
    Thanks

    ReplyDelete
  15. I just left the A number empty- since I am filling the 485 application for the first time. I was told my attorney that any place they need the A number- they will file at their end. Since the Medical are sealed... it should not be a problem and they should be able to take that as a reference from other forms.

    ReplyDelete
    Replies
    1. Ok. thank you for the reply. We are done closing our package and ready to mail today. Hope everything goes good.
      ..

      Delete
    2. Awesome- Good Luck!

      Delete
  16. I have got the EAD/AP for me(primary applicant) and my wife
    I have some questions for my wife’s work situation:
    - Currently my wife is on L1B from her current employer (different from Primary applicant's employer)
    - Once she gets the EAD/AP if she switches job, I am assuming she will be out of status
    - If my wife converts her L1B to H4, can she work based on EAD?
    - What will be the impact of Adjustment of Status (I-495) if the status is changed from L1B to H4?
    Please advise

    ReplyDelete
    Replies
    1. As far as my understanding goes, she switches to EAD, she goes to pending GC status as long as the primary's (your) application is pending.
      But, I am not an immigration lawyer. So, it is best if you consult an immigration lawyer and get all the scenarios cleared.

      Delete
  17. Hi Ambals, I have a question. my I-485 has been filed on my 01,2012. I havent received any card so far but on uscis site it says - n July 5, 2012 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    My Lawyer keep renewing my EAD.. my friend just saw this and said they might have posted GC long back.. Can you please suggest me the next steps.

    ReplyDelete
  18. Do we have the list of documents required for Spouse/Dependent?

    ReplyDelete
  19. is the GC tied to primary applicant? If the primary applicant decides to give up the GC (say after 2 years after getting GC), what happens to the dependents?

    ReplyDelete