About to file 485; wait for 140? Couple questions; Please help!

G

GT250R

Registered Users (C)
Hi all,
I am a great fan of this site [for the obvious reason:( ]. I have used it for answers to my problems/difficulties in the never ending GC process that i have indulged myself in.

My stats are as such:
I am on H1 currently running 6th year.
Employement based 3rd categorie.

My labor was approved on May 2006.:)
--> I filed a I 140 same month and got a RFE for a 3yrs bachelors degree.
--> I got a evaluation done and submitted that. I was denied.
--> SO i filled a new I 140 and also filled an appeal for the previous one(both about 2-3 weeks ago).

NOW suddenly yesterday i saw the priority dates moved to Jun 03:eek: :D :D . It was nice to see this since my priority date was Sep. 2002.
It made my day. I even had a party at my place yesterday night with all my GC in process H1 friends!!

I sent an email to my lawyer if i could file I 485 for me and my family. The answer was positive.

But however i see some confusion on the horizon....and i would love all you deep sea surfers to assist me.

The questions:

Hold your breath! lol...


1.) If I file for a I 485 now, will i still have to wait for my I 140 approval? I heard that if I don't get your 485 in 90 days; I can get the SS # for all my family who's waiting to start working! Is That even true?


2.) What happens if my I 140 gets denied again? Since the lawyer has asked around $4,500 for his/USCIS fees. [My 2 boys, my wife, and I] That a lot of money to put down if my I140 gets denied! And theres no alternative route.[Maaaa....help!]

3.) My elder son is turning 21 on Jan 2nd. If i file for his 485; does that mean he wont have to file for a students visa (F1) and can stay in the GC process?
I heard that if he turns 21 before his 485 filling he will be thrown out of the GC process. True? Can filling I 485 help him at all?

4.) Finally, can i change my job after 180 days of filling the 485 even though my I 140 isn't approved yet ? There is another opportunity waiting for me with the same job title, can i take it? My current job is squeezing every hour out of me with the same pay. And it hurts!


Hope some one can help answer my questions. I am in this dilemma of what happens next too. But answers to these will most definitely make my day.
I just hope things turn out well for every one of us here.


Thanks in advance; and with you best luck from our side.

GT250r:)
 
You don't need a lawyer for I-485. I'm filing myself, it is really simple.
Once you file I-485 you can also file for EAD at the same time which takes around 2 months for approval and your wife can work.
If your I-140 gets denied your I-485 will be denied too and your wifes EAD will become invalid.
How about spending $1000 to upgrade your I-140 to premium processing? You will have answer in no time.
 
Thank you for the reply dryheat.
Yes i know about the Premium processing. I had chosen to upgrade my I-140 to premium processing and even paid the extra $1000. Theres no $$ count now considering i have already spent over 30k in getting green cards for my family [the legal way of course]! The deal is USCIS returned my check of $ 1000. They told me that for premium processing i need to submit the original copy of my labor approval. However my lawyer had already submitted the original labor approval while filling the first regular I 140 (which got denied). So all i have now is the duplicate and thus i cannot use premium processing.

On the other note you mentioned that if my I140 gets denied, the EAD will also become invalid. In that case what options would i have? Since if my wife used the EAD; her H-4 will be discontinued. And thus is the EAD also becomes invalid she/ my children will be out of status! Ouch!

Any way around this?

Common 'gurus' i really need your help here!
 
I-485 help

Hi Guys,

Please help me undetstand;

1.Employment based I-485 must be filled by beneficiary or the employer?

2.With I-140 being pending what claue to choose in Part 2 of 485 application.

3.Will an application without medicals be good just to get a receipt notice?

Infact, my I-485 based on lottery is pending due to background checks and I am expecting a decision before 09/30/2007.

Any help will be appreciated!!!

Jugnu
 
GT250R said:
On the other note you mentioned that if my I140 gets denied, the EAD will also become invalid. In that case what options would i have? Since if my wife used the EAD; her H-4 will be discontinued. And thus is the EAD also becomes invalid she/ my children will be out of status! Ouch!

Any way around this?
Click to expand...

I don't know of any way except maintaining your non-immigrant status while AOS is pending, which might mean not using EAD. Sorry but that's how it works, if I-140 is denied --> I-485 is denied --> all benefits/status connected with I-485 are denied. You could take a risk and just make sure to prepare a very strong case unlikely to get denied. Or you could wait for I-140 approval before using EAD or before filing I-485 altogether, for that matter. Your choice.

Not sure about your children (their status is the main reason you need to consider implications of filing I-485) - maybe somebody else will chime in on that one.

Jugnu786 said:
1.Employment based I-485 must be filled by beneficiary or the employer?

2.With I-140 being pending what claue to choose in Part 2 of 485 application.

3.Will an application without medicals be good just to get a receipt notice?
Click to expand...

1. Anybody can file I-485 on your behalf, including yourself.

2. If I-140 is pending, you can choose "h" and include an explanation a la "an immigrant petition giving me an immediately available immigrant visa number is pending approval, receipt #XYZ" - and don't forget to attach a copy of your I-140 filing receipt.

3. As far as not including medicals, I would normally say that would be Okay, just be prepared to receive RFE about them later, which would delay your case somewhat. However, I've just read about tjoy's experience at http://boards.immigrationportal.com/showthread.php?t=250227, whose case got denied "due to abandonment" because of the missing medicals. That shouldn't have happened, but maybe it's a new procedure trend... So, I'd say - do the medicals and save yourself some headache!

As always, good luck!
 
Last edited by a moderator:
Hi civ2ru,

Thanks for reply,much appreciated!!!Hey my diversity visa based I-485 is pending due to background checks and that has to be adjudicated before September 30,2007 otherwise I will loose the benefit.I was just trying to safe money on medicals and hoping I can stick a copy of my first medicals(abt 8 months aold)with my employment based case judt to get by and if first one is not approved then send medicals for this one...

Thank you so much!!!

Jugnu
 
Jugnu,

Well... Normally I-693 results are valid for a year... However, USCIS always requires a sealed envelope from a civil surgeon, not a copy of old results.

Maybe you could visit the civil surgeon's office again and see if they will re-issue the I-693 since the results are still valid... Or, if you had to go through examination once more, at least a few vaccinations could be omitted since they've been recently done.

But do try to do it as close to the book as possible - I wouldn't cut corners in something as important as immigration, just to save a few bucks.

Good luck!
 
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