Any reviews on Seyfarth Shaw for Family based immigration?

[Aayitrun]

Seyfarth and Shaw are currently handling my EB GC process. As I have gotten married to a USC, I am planning to interfile with that for an expedited process. I was wondering if I should continue with the same Seyfarth Shaw (Russell Swapp is the partner handling my EB case). They seem pretty decent so far. Does it make sense since they are already handling a case for me?

Does anyone know what are typical total fees (Lawyer + filing) for this whole process?

 

[Jackolantern]

Most people don't need and don't use a lawyer for marriage-based GCs, and EB- to FB interfiling is risky because it's unusual and USCIS is inconsistent about it.

Unless your employer is going to pay the law firm, if I were you I'd just file the marriage-based I-485 separately (i.e. without interfiling) and without the lawyers involved. If lawyers handle the marriage-based case end-to-end it will be at least $2000 + filing fees.

 

[Aayitrun]

Oh, so you are suggesting I just file for Spouse-GC+AOS by myself and not even discuss this with the lawyer that is doing my EB. the company is paying for EB but i would have to pay for any other service.

I thought that I "must" interfile if I have two apps running at the same time. So is it ok if I file spouse without even informing the current applications processing center that I have another application at the same time? Would the USCIS/interviewer get aggravated if he found that I also have another application going on?

Is the process to self file for FB relatively easy provided I have all the necessary documentation?

Should I let all her name change documents (ssn,passport,id) to come in before I start?

should i inform the company and lawyer once i actually get my greencard to withdraw the eb petition?

 

[Jackolantern]

I thought that I "must" interfile if I have two apps running at the same time.

That's not true, you can have multiple I-485's active at the same time, provided they're based on different petitions.

So is it ok if I file spouse without even informing the current applications processing center that I have another application at the same time? Would the USCIS/interviewer get aggravated if he found that I also have another application going on?

Take the same A-number you got from your existing I-485, and write that in your new I-485 paperwork wherever it asks for A-number. With that information, USCIS should make the connection between your old and new applications. At the marriage-based interview, tell the interviewer about the EB case (bring a copy of the EB I-485 receipt), if it's not clear that they are already aware of it. But you don't have to tell the employer until later (see below).

Is the process to self file for FB relatively easy provided I have all the necessary documentation?

Yes, unless you have some complicating factors like a criminal record or certain other immigration violations. But you must prepare for the interview.

Should I let all her name change documents (ssn,passport,id) to come in before I start?

That's not necessary. She can write her new name in the paperwork where it asks for her current legal name, and write her maiden name where it asks for maiden name or other names used. The marriage certificate will provide the connection between the old and new names, and she should bring the updated passport and ID/DL to the interview.

should i inform the company and lawyer once i actually get my greencard to withdraw the eb petition?

When your FB case is close to approval or has been approved, USCIS will cancel the EB I-485 and notify the lawyer. Better for you to tell the company and lawyer first instead of them getting the message by surprise from USCIS. But don't tell them too soon ... wait until right after the interview (or maybe right before the interview, if you need time off from work to attend the interview). Because if you tell the company too soon, that might lead them to get lazy with your EB case, cutting funding or not responding to RFEs etc. It is preferable for you to be approved in the employment-based category, since that directly gives you a 10-year GC whereas marriage-based would give you a 2-year conditional GC followed by another round of paperwork and fees 2 years later to extend it to a 10-year card. So avoid prematurely giving the company a reason to slow down or cancel your existing EB case.

 

[Aayitrun]

Firstly i want to thank you and everyone else on the forum for doing this for basically no reward other than the prayers of everyone you help.

as far as my EB stuff goes, the lawyers have just finished the advertisements and stuff for the perm, so they havent even filed perm yet. so there is no 485 receipt or A number. so im guessing i will get my very first A number in the FB process itself.

i have no criminal record (2 traffic tickets - speeding, assuming these dont count) and no immigration violations.

what if her renewed documents arent obtained yet before we get called for the interview, from some other experiences it could come up pretty quick.

im guessing if i start this sometime in december/jan, i should have a result before the perm results even come back. and then i can inform company and lawyer to withdraw.

also my country takes quite a few years for priority dates on eb-gc so i would much rather just deal with the 2 year conditional and then finalize it then.

 

[Jackolantern]

as far as my EB stuff goes, the lawyers have just finished the advertisements and stuff for the perm, so they havent even filed perm yet. so there is no 485 receipt or A number. so im guessing i will get my very first A number in the FB process itself.

You were talking of interfiling, so I thought you already had a pending I-485. Interfiling is the process taking an existing I-485 having its basis transferred from one petition to another.

what if her renewed documents arent obtained yet before we get called for the interview, from some other experiences it could come up pretty quick.

It will take at least another 2-4 weeks for you to gather all the documents (including receiving the I-693 medical results) to file the I-485. Then the interview will be at least 2-3 months after you file the I-485. So there will be enough time to get either the passport or state ID/DL or both updated before the interview. SSN card isn't necessary, they don't ask for that. She doesn't need to have everything updated, it just helps if she has at least one ID updated with her new name and it's not a dealbreaker if she doesn't. It is more important to have her address updated on the state ID/DL to match the address on yours.

im guessing if i start this sometime in december/jan, i should have a result before the perm results even come back. and then i can inform company and lawyer to withdraw.

also my country takes quite a few years for priority dates on eb-gc so i would much rather just deal with the 2 year conditional and then finalize it then.

If you haven't filed an EB I-485 yet, and the priority dates are such that you'll have a multi-year wait just to become eligible to file the EB I-485, it doesn't make sense to have your employer waste any more money on the EB filing. If I were you I'd tell them about the marriage-based case once the I-485 receipt is in my hand. My earlier comments about waiting to inform the employer were based on the thought that you've already been through the PERM and I-140 stages and had an active EB I-485.

 

[Aayitrun]

Ah i see. I'll start gathering stuff right away then. My own DL actually has an older address printed on it. I did submit a address change with the RMV but they said i dont get a new id, just make an address sticker for the old card. hopefully that will be fine.

another snafu i just came across is, for the affidavit of support, she doesnt have a job atm, so we plan to use my income as an h1b worker as it will continue after i get gc. but now i found out that she may not have filed 0 income tax returns for the last 2 years. how do u think that will affect stuff?

More: she last had income in 2008 so she probably has that and 2007 returns (filed in 2009 and 2008 respectively). in 2009 and 2010 her father claimed her as dependent. he is not a sponsor though, so im wondering for her tax records should i get his to show her being claimed as dependent?
basically are tax returns an essential document as far as visa process goes? or are they for proof of income for sponsor? because if they are just the latter then thats not really important because we are using my income to sponsor anyways.

 

[ananga73]

Not good. The relevant tax years in your case are 2008, 2009, and 2010. She needs to file the 2008 returns ASAP. She then needs to show why she was eligible not to file for 2009 and 2010. She being a dependent on her fathers taxes does not help you. You probably need to get a co-sponsor.

but now i found out that she may not have filed 0 income tax returns for the last 2 years. how do u think that will affect stuff?

More: she last had income in 2008 so she probably has that and 2007 returns (filed in 2009 and 2008 respectively). in 2009 and 2010 her father claimed her as dependent.

 

[Jackolantern]

Not good. The relevant tax years in your case are 2008, 2009, and 2010. She needs to file the 2008 returns ASAP. She then needs to show why she was eligible not to file for 2009 and 2010. She being a dependent on her fathers taxes does not help you. You probably need to get a co-sponsor.

Aayitrun said she probably has the 2007 and 2008 returns. Then she just needs to attach an explanation why she didn't file for 2009 and 2010 -- the simple explanation is that she had no income for those years.

Co-sponsor is unnecessary, since Aayitrun is the intending immigrant and has legal income from the H1B job.

 

[Aayitrun]

Aayitrun said she probably has the 2007 and 2008 returns. Then she just needs to attach an explanation why she didn't file for 2009 and 2010 -- the simple explanation is that she had no income for those years.

Co-sponsor is unnecessary, since Aayitrun is the intending immigrant and has legal income from the H1B job.

right. i will be adding my income and thank god my tax returns are duly filed and in proper order. now im guessing this "explanation" can just be a personally signed letter stating exactly the one fact that there was no income?

 

[Aayitrun]

another question that i thought of.

sorry if im appearing to be too inquisitive, its just that i like to evaluate all corner cases.

I am in my third year of h1b so should i also ask for an ead and then just not bother to extend the h1b? or do i not qualify for the ead? or should i extend h1b and not bother with the ead? or do both?

thanks.

 

[Jackolantern]

right. i will be adding my income and thank god my tax returns are duly filed and in proper order. now im guessing this "explanation" can just be a personally signed letter stating exactly the one fact that there was no income?

And another fact explaining what she was doing in that time -- was she a student? Or doing volunteer work? Or just plain unemployed? Note that if she was collecting unemployment checks, she should have filed a tax return and reported the unemployment benefit amounts.

I am in my third year of h1b so should i also ask for an ead and then just not bother to extend the h1b? or do i not qualify for the ead? or should i extend h1b and not bother with the ead? or do both?

When you file the I-485, apply for the EAD no matter what. There is no extra fee to apply for it, and you don't have to use it if you get it. It's good to have it in case you want or need it in the near future. But whether you should extend the H1B or use the EAD (or both) depends on other factors ... when does your current H1B expire? Have they already applied for the extension? How long have you been married?

 

[Aayitrun]

Hm8R8m

And another fact explaining what she was doing in that time -- was she a student? Or doing volunteer work? Or just plain unemployed? Note that if she was collecting unemployment checks, she should have filed a tax return and reported the unemployment benefit amounts.

student claimed as dependent by her parents. her parents were paying for her school and living. she had a scholarship but it was non taxable. just a tuition reduction. she did not collect any unemployment checks.

When you file the I-485, apply for the EAD no matter what. There is no extra fee to apply for it, and you don't have to use it if you get it. It's good to have it in case you want or need it in the near future. But whether you should extend the H1B or use the EAD (or both) depends on other factors ... when does your current H1B expire? Have they already applied for the extension? How long have you been married?

current h1b expires 31 sept 2012. they will file for extension, havent yet.
married since oct 28th 2011.
i was planning to take it easy in november and start assimilating stuff in december to send for the 130,485 filing.

mainly i want to be certain that it is in no way illegal or a violation to apply for an EAD since i already have another form of employment authorization (h1b)?