Can I file I-485 with receipt of H1B extension?

[sawtowtow]

Hello all,

Need help from all of you...

My employer has filed I-140 for me in Oct, 2006 and has received the receipt for it. Employer told me I have to file I-485 myself, I am thinking either filing it myself or hiring a local lawyer to do that. My priority date is now current.

1) Do you suggest self-filing of I-485? While I found one decent immigration lawyer who will charge me $700 to do that.

2) Can I file I-485 when my H1B has expired last month, but with a receipt of H1B extension filed?

3) If so, what do I put in:
a. Part 3 on the I-485 form for Nonimmigrant Visa Number and Date Visa was Issued?
b. Part 1 on I-485 form for I-94#, Vurrent USCIS Status and Expires on?

4) Can I file I-485 to the TSC instead of NSC where my I-140 was filed? I was told TSC is alot faster.

Thank you very much in advance for any help that I may get...

 

[civ2ru]

Hello all,

Need help from all of you...

My employer has filed I-140 for me in Oct, 2006 and has received the receipt for it. Employer told me I have to file I-485 myself, I am thinking either filing it myself or hiring a local lawyer to do that. My priority date is now current.

1) Do you suggest self-filing of I-485? While I found one decent immigration lawyer who will charge me $700 to do that.

I filed my I-485 (and I-140, for that matter) without an attorney and had no problems. The burden of proof lies mostly on I-140; filing I-485 is much simpler.

2) Can I file I-485 when my H1B has expired last month, but with a receipt of H1B extension filed?

I strongly believe so.

3) If so, what do I put in:
a. Part 3 on the I-485 form for Nonimmigrant Visa Number and Date Visa was Issued?
b. Part 1 on I-485 form for I-94#, Vurrent USCIS Status and Expires on?

I can't say about I-485, but I did file my I-140 while my non-immigrant status was pending extension. Just to speculate about your case, I'd put the visa number and the date visa was issued from your passport, the current status H1B (one you filed an extension for) and the current (expired) I-94# (it'll stay the same after the extension is approved). As for "Expires on", I'd put "Pending, receipt #XYZ" - and don't forget to include a copy of the receipt notice. This plan worked for my I-140 petition.

4) Can I file I-485 to the TSC instead of NSC where my I-140 was filed? I was told TSC is alot faster.

No. All I-485 applications have to go to NSC. Read I-485 form instructions carefully. Good luck!

 

[sawtowtow]

Dear civ2ru,

Thanks for your info and advise.

I am leaning on filing the I-485 myself as it looks quite simple.

One more question... since my I-140 is pending, should I choose Box 'h' (Other basis of eligibility) as the answer to Part 2 - Appilcatoin Type on I-485 form for concurrently filing? (Although I-140 has been filed by my employer)

Thanks much!

 

[civ2ru]

I would check "h" with an explanation "an immigrant petition giving me an immediately available immigrant visa number is PENDING APPROVAL - a copy of the receipt notice #XYZ attached". Of course, be sure to attach a copy of your I-140 receipt notice. Good luck!

 

[sawtowtow]

Hi again,

Thanks for your help...

To further clarify, does receiving an I-140 receipt mean "an immigrant petition has provided an immediately available immigrant visa number", although it is pending for approval"?

Does immigrant visa number also means my priority date is current?

Thanks again!

 

[civ2ru]

Sawtowtow,

I only suggested putting "an immigrant petition giving me an immediately available immigrant visa number is pending approval..." to sound somewhat consistent with "a". You could just say "an immigrant petition with me as a beneficiary is pending approval" or something like that.

I ASSUME that your priority date is current because you said so. In that case, the immigrant petition, if approved, will give you an immediately available immigrant visa number. Which is why you have the option of filing I-485 concurrently (or semi-concurrently).