Does USCIS contact employer re: I-485 application? If so, when?

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dc4opera

Registered Users (C)
My employer's attorney will be filing I-140 within the next few days with NSC. Based on the processing times on the USCIS website, this should be approved around late August - early September.

My employer wants me to wait until January 2007 to file my I-485. We were both under the impression that the EMPLOYER files this, but I have since learned that the I am the one who files this.

I want to "fly under the radar" and file my I-485 as soon as the I-140 is approved instead of waiting for January 2007. Of course, I will need a copy of the approval from my employer for this (which shouldn't be a problem to obtain).

The only way my employer could find out about this is if the NSC sends him a letter requesting further information about me. The employment letter (which my employer has already signed) has the contact information of my employer so they could get in touch with him if they needed to.

Has anybody's employer been contacted by the USCIS regarding their I-485 application? If so, did this occur soon after the receipt of the application or did it happen closer to the approval date? The NSC has around a 9 month processing period so if they contact my employer closer to the approval date then this would be after January 2007 and he wouldn't know that I filed earlier than he wanted. If, however they contact the employer as soon as the application is received then he will find out.

Any help on this matter would be greatly appreciated. Thanks!
 
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dc4opera said:
My employer's attorney will be filing I-140 within the next few days with NSC. The only way my employer could find out about this is if the NSC sends him a letter requesting further information about me. The employment letter (which my employer has already signed) has the contact information of my employer so they could get in touch with him if they needed to.
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I have never heard of such a case, since the employer is not a party to the I-485 application.
 
dc4opera said:
My employer's attorney will be filing I-140 within the next few days with NSC. Based on the processing times on the USCIS website, this should be approved around late August - early September.

My employer wants me to wait until January 2007 to file my I-485. We were both under the impression that the EMPLOYER files this, but I have since learned that the I am the one who files this.

I want to "fly under the radar" and file my I-485 as soon as the I-140 is approved instead of waiting for January 2007. Of course, I will need a copy of the approval from my employer for this (which shouldn't be a problem to obtain).
----------- one can also file I-485 with the copy of I-140 filing reciept. if you want to file I-485 then file with I-140 filing reciept and you can also file EAD AP with I-485.
The only way my employer could find out about this is if the NSC sends him a letter requesting further information about me. The employment letter (which my employer has already signed) has the contact information of my employer so they could get in touch with him if they needed to.

Has anybody's employer been contacted by the USCIS regarding their I-485 application? If so, did this occur soon after the receipt of the application or did it happen closer to the approval date? The NSC has around a 9 month processing period so if they contact my employer closer to the approval date then this would be after January 2007 and he wouldn't know that I filed earlier than he wanted. If, however they contact the employer as soon as the application is received then he will find out.

Any help on this matter would be greatly appreciated. Thanks!
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---TheRealCanadian has replied
 
Part of I1485 application is "Employer (I-140 petitioner) letter confirming that the terms of employment as specified in the underlying petition continue to exist." How can one apply by himself unless the employer gives one? I know they gave one during I140 but seems like at I485 you need another one too..

Its 15# in http://www.immigration-law.com/485.html

Excerpt:

Service Center's Initial EB-485 Filing Guidance: Each Service Center adopts different practices as follows:

NSC I-485 Filing Guidance: Order of papers in the filing package

Two-hole punched and fasten in fastener in the following order for each applicant "separately"

1. Check for 485 filing fees, stapled to the left hand corner of the first INS form submitted;

2. Blue form G-28 for 485 if represented;

3. Form I-485, with two color photos; photos in transparent envelope and stapled to the lower left corner of the I-485;

4. Form I-485A, if 245(i) case, with filing fee of $1,000,( plus G-28, if represented);

5. Form I-765, if applied with the NSC, with filing fees and two color photos (see above); (if represented, G-28 for I-765)

6. Form I-131, if applied with the NSC, with filing fees and two color photos (see above);(if represented, G-28 for I-131)

7. Form G-325A;

8. Medical Report, I-693, with a copy of INS designated Civil Surgeons list;

9. Documentation for maintenance of nonimmigrant status:

(a) Summary nonimmigrant history;

(b) Both sides of I-94

(c) I-20 or IAP-66, if applicable

(d) Back-to-back copy of passport

(e) Other evidence, such as the lastest paycheck, W-2, etc. in employment visa cases

10. IRS Form 9003 in duplicate;

11. Form I-797 (I-140 Approval Notice original)

12. Form I-134 Affidavit of Support, if dependent family member

13. Birth certificate or secondary evidence of birth (oldest documents and/or parents' affidavits)

14. Marriage/divorce records

15. Employer (I-140 petitioner) letter confirming that the terms of employment as specified in the underlying petition continue to exist.

16. Cover letter listing all the documents submitted and explaining other issues, if any.

(Phographs must be taken in strict compliance with the INS instructions)

(Separate check for each INS form is suggested: Make payable to "INS" and note file type and applicant name)
 
arouncoumar said:
Part of I1485 application is "Employer (I-140 petitioner) letter confirming that the terms of employment as specified in the underlying petition continue to exist." How can one apply by himself unless the employer gives one? I know they gave one during I140 but seems like at I485 you need another one too..

Its 15# in http://www.immigration-law.com/485.html

15. Employer (I-140 petitioner) letter confirming that the terms of employment as specified in the underlying petition continue to exist.
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My employer has already signed a notarized letter confirming that I am to employed by him and will continue to be. I plan to submit this with my I-435 application. By the way, I don't think a letter is submitted with the I-140 application since the labor certification that is submitted with it proves the availability of the position.
 
I don't want to use the I-140 receipt notice since I will be filing the I-485 with a different lawyer. My fear is that my employer's lawyer (who is filing the I-140) will check on the status of my case and find out that I filed the I-485 before January 2007. My plan is to use the approved I-140 to file the I-485 so that my employer's lawyer has no reason to check on the case.

Is this fear substantiated? Is there any way my employer's lawyer can find out that I filed the I-485 if I file it before the I-140 is adjudicated?
 
With I140, there is a letter. I have soft copies. Its good in your case, he has given you a letter. Smooth sailing for you.

TheRealCanadian, Ginnu.. What are your thoughts on #15
 
dc4opera said:
I don't want to use the I-140 receipt notice since I will be filing the I-485 with a different lawyer.
My fear is that my employer's lawyer (who is filing the I-140) will check on the status of my case and find out that I filed the I-485 before January 2007.
---------- how your employer's lawyer can check your I-485 status ? to check I-485 status one needs I-485 filing reciept#. If you dont provide the I-485 reciept# it is not possible to check your I-485. you are hiring YOUR lawyer for your I-485 and I-485 belongs to you and you will sign G28 with new lawyer and your new lawyer will get I-485 filing reciept. your new lawyer or you will be able to check online status of I-485 after you get I-485 filing reciept. the lawyer who file I-485. you can also directly file I-485, EAD AP and you will get all reciepts at your home address.
My plan is to use the approved I-140 to file the I-485 so that my employer's lawyer has no reason to check on the case.
---------- file with I-140 approved or not your Employer or his lawyer may not be able to check your I-485 status if you dont give your I-485 reciept#

Is this fear substantiated? Is there any way my employer's lawyer can find out that I filed the I-485 if I file it before the I-140 is adjudicated?
----read above
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arouncoumar said:
^^

TheRealCanadian, Ginnu ....... So how can one apply his own I485 w/o employer's letter.
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I think you are right. When I filed I485, CIS asked to submit employer's letter.
I485 can be filed by individual, but still need some support from sponser in case of EB.
 
GotPR? said:
I think you are right. When I filed I485, CIS asked to submit employer's letter.
I485 can be filed by individual, but still need some support from sponser in case of EB.
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After how long you got RFE for employer's letter.

People suggest this. If current employer is uncooperative, go ahead and file I485 on your own w/o EL. Then hope 180 days pass by before you get RFE on that. In that case, send EL from a new employer and also invoke AC21. The question is whether intent is there at the time of filing I485 as there is no EL. Will USCIS hold it against you? Dont know.
 
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