Concurrent Filing I140 & I485 Nebraska Service Center

Akash

You will need to file I-140 for yourself and I-485 for each of your family members and yourself.
BTW which is your service center.
 
Akash

Its better to engage a lawyer rather than doing it yourself,I-140 is employer petition;I-485 you can do it on your own (but i would recommend doing it via lawyer,in case you have RFEs etc).

BTW do you live in Lisle-Napervile area.
 
Re: Travelling abroad without AP on H4

Originally posted by Akash Sharma
Hi,

I just got my labor approved and waiting for hard copy and I am preparing for concurrent processing. Probably next week We will file 140,485 and EAD. I have 2 years left for my h1 visa. My wife needs to go India in second week of May. Can she travel without applying Advance Payrole and after filing 485 and EAD? What will be impact on 485 and EAD?

Yes, she can travel on h4 and no, it will not impact on I-485 or EAD
We were in same situation last december when we were on h1 while my I-140/ I-485 was pending

For the safer side I would get employement letter and some recent pay stub of yours in case immigration office asked at port of entry when she comes back



Thanks in advance.
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Re: Re: Travelling abroad without AP on H4

As far as I know you can travel after you receive your I-485 receipt (and if you have a valid H1 visa). If your visa is expiring, its advisable to apply for EAD and AP. Remember, if you start using your EAD (even for a part-time job, you need to have AP to travel).

Originally posted by jbm
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Re: When can I file 485 and others

Originally posted by Akash Sharma
Hi All,


My labor is approved and dwaiting for hard copy for further processing? I have few questions:

1. Do I have to file seprate 485 for all my family members?

YES
2. Can I file 140 and 485 both same day?
YES
3. What other forms do I need to file with 485? e.g I-765, G-325A and I-693 and fingerprint form (I dont know the form#)
I-485
I-131 (AP) (optional)
I-765 (EAD) (optional)
I-693 (Medical)

And you can request all the form by mail from INS from INS website or your lawyer can send you forms
Thanks.
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Re: Re: Re: Travelling abroad without AP on H4

Originally posted by 4gc
As far as I know you can travel after you receive your I-485 receipt (and if you have a valid H1 visa). If your visa is expiring, its advisable to apply for EAD and AP. Remember, if you start using your EAD (even for a part-time job, you need to have AP to travel).

I disagree with 4gc, about have to have I-485 receipt before you start travel. If you are on any valid h visa you don't need to show anything for I-485 to port officer, sometime it confuse them and asked for AP, they are not perfect and INS has poor record of communication of rule & regulation.

So I would say don't show I-485 receipt even if you have, if you are plan to use H1, that is my personal opnion.

Good luck

JB
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Thanks JBM,

Can I file 485 for my wife if she is outside USA? I am waiting for hard copy of labor and my wife is going to India next week. If I receive hard copy after her departure, can I file for her since she is not here?
 
Akash Sharma

You literally can get your wife medical, and signed up all forms earlier when she is in US and file it later days when you get LC in your hand.

However, ot be on the safe side, At least keep your wife in USA, the day you file.

This is not a legal advice. Consult with an immigration attorney to get legal advice...
 
Agree with Sahin

Akash Sharma

I am totally Agree with Sahin, get medical and other forms/ documents ready where you need your wife singature.

For the safer side you can put current date on those form, so it will convice INS, she was here when she filed out form and it's upto Lawyer/ INS when that form accepted by INS and it's not necassary you have to be in USA when they accept or process your application, as long as you have other valid (H) visa.

I hope this helps.

JB
 
Re: travelling on H4

I disagree with jbm and agree 4gc. As per our lawyer, if you travel on H visa (1B or 4) and have already filed for AOS you MUST show the INS officer at POE the I-485 proof of filing (original receipt).
However, what you can do is file yourself first, let your wife travel to India on H4 and she will apply when she comes back. That's what we did because I wanted to go home, but my husband wanted to have the papers filed as soon as possible. So he filed in January and I filed in Febraru when I came back.
Good Luck!
 
I applied for my 140 and 485 concurrently and am waiting for the lin numbers.Can someone tell me the time frame to get the reciept and lin numbers???

Thanks...
 
You might be right Bic_1702

But we did exactly oppsite as you said and my lawyer was agree with us. I got our medical done before our LC clear and finalise I-485 paper work for my wife. She left for india before it was filed with INS, becuase Lawyer took couple of days and mail took 3-4 days so before our receipt/ notice date she left USA.

In addtion our h visa stamp was expire so we sent our pp for visa stamping by post in india, and we got without any problem, when we came from india we didn't mention I-485 and our AP and EAD was approved and we also did our fp in feb.

So this is just my experience and your might be different.

and sometime you have to combine your instinct and lawyer advise, which is different for everyone.

I hope i didn't confuse more.

Good luck,

JB
 
Thanks JBM and Bic,

I think we can do either way. but I would prefer Bic way and will file for me now and wait for my wife.

Thanks again.
 
There is not such a law

There is not such a law in effect that you muct have to show I-485 receipt notice at the POE while you are entering on H4/H1. I dont think that anybody is required to show this voluntarily.


This is according to my lawyer. I beleive this guy as he does not speak crap at all. His word carries much value.
 
No you need not show any 485 related documentation if you are using H1. you need to show 485 reciept Only when
If your H1 is expired and (or) You are using AP then only .
 
I got mine in 3 weeks


Originally posted by gc_03
I applied for my 140 and 485 concurrently and am waiting for the lin numbers.Can someone tell me the time frame to get the reciept and lin numbers???

Thanks...
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NSC stats


--------------------------- -----on------ Processing

I-485 Employment based 11/01/2002 08/01/2001
I-485 Employment based 11/15/2002 08/01/2001
I-485 Employment based 01/01/2003 08/01/2001
I-485 Employment based 01/15/2003 08/01/2001
I-485 Employment based 02/01/2003 08/01/2001
I-485 Employment based 02/15/2003 08/01/2001
I-485 Employment based 03/01/2003 08/01/2001
I-485 Employment based 03/15/2003 08/01/2001
I-485 Employment based 04/15/2003 08/22/2001
I-485 Employment based 05/01/2003 08/22/2001


Looks like NSC is processing anything other than I-485.
Any idea WHY?
 
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