EB1-EA... Next step(s)

C

ChrisV

Registered Users (C)
Hi!

Sent the forms for the 485/131/765 step out this morning. See details in my signature. I have no clue how long it will take. I could not find somebody moving from an A2 visa to GC... One of the forms we had to fill is a paper version I had to ask for, dating back from the 70s ;)

I'll stay on the forum helping around for at least as long as it takes for us to get our GC, which is likely to be for a while :)

Chris
 
Hi ChrisV,

I am also in the same boat. I got approved my EB1-OR (I-140)on June 29th. I applied (both me and my wife) for I-485, I-131, and I-765 on 18th of July.

I have one question to you. Hope you will be able to answer this.

I am on J1 (already got waiver certificate for 2year HRR) and my J1 expires in June 2008. Suppose if I don't get my GC by June 2008 what is my situation. Should I get my H1? or EAD helps to live and work in US?.

I really appreciate your suggestions.
 
rkottani said:
Hi ChrisV,

I am also in the same boat. I got approved my EB1-OR (I-140)on June 29th. I applied (both me and my wife) for I-485, I-131, and I-765 on 18th of July.

I have one question to you. Hope you will be able to answer this.

I am on J1 (already got waiver certificate for 2year HRR) and my J1 expires in June 2008. Suppose if I don't get my GC by June 2008 what is my situation. Should I get my H1? or EAD helps to live and work in US?.

I really appreciate your suggestions.
Click to expand...

I'm not ChrisV, but I'l chime in. If you've already filed your I-485 and it's been accepted, you are legal to stay in the U.S. for as long as your I-485 is pending. Once you get your EAD, you'll be legal to work as well. So you don't really have a problem of status if everything goes smoothly.

Now, my understanding is that your J1 is no longer valid, since you have filed I-485 and thereby proven your immigrant intent. But, as your EB1-OR I-140 has been approved, I-485 approval should be a matter of time. MAKE SURE you appear for your FP appointment(s) and don't travel out of the U.S. without AP - in other words, don't give them a chance to deny you due to abandonment, and you should be fine. Good luck! :)
 
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Thanks Civ2ru. I am relaxed. I don't have plans to go out of the country until everything is cleared.

Is EB1-485 acceptance are faster than other catagories?. I ready it somewhere that EB1-485 green cards are faster to get. Is that true?

Thanks for the inputs
 
Congrats ChrisV

Congrats ChrisV on ur recent 140 approval,
U really r a very lucky guy.

I think I can use some of ur luck and input in submitting my I-485!!!

My I-140 (self filing) is still pending (EB1-EA, TSC, 3-2-07 & NIW , NSC, 11-15-06), don't know when I will get to hear any news on either one of these. I am thinking of submittng my I-485 while these cases are pending just to avail the new oppurtunity. I will appreciate if you could provide some inputs about 485 package.

1). what is the checklist ( what all to include and in what order)?

2). did u separate ur and ur spouse sections (or made 2 subpackets) in the packet ( including the medical, fees and other papers) or just separated ur and ur wife's papers while putting the medical and fees cheques in the front of the application?

3). which center did u send ur file to?

4). any cover letter to include and do u by any chance have a rough draft or pattern for it?

Thanks
 
civ2ru said:
I'm not ChrisV, but I'l chime in. If you've already filed your I-485 and it's been accepted, you are legal to stay in the U.S. for as long as your I-485 is pending. Once you get your EAD, you'll be legal to work as well. So you don't really have a problem of status if everything goes smoothly.

Now, my understanding is that your J1 is no longer valid, since you have filed I-485 and thereby proven your immigrant intent. But, as your EB1-OR I-140 has been approved, I-485 approval should be a matter of time. MAKE SURE you appear for your FP appointment(s) and don't travel out of the U.S. without AP - in other words, don't give them a chance to deny you due to abandonment, and you should be fine. Good luck! :)
Click to expand...

Hi civ2ru,

I have an EAD but I got an RFE on my AP. I don't know what its about as I have not received the RFE yet. Please see my signature for details.

Can I keep working on H1-B visa as I still have 3.5 years left on my H1? If I travel outside the country, can I re-enter with a valid H-1B visa? Can this cause an abandonment of AOS if I enter on H-1B while my AOS is pending. Please let me know.
 
to EB1 query

eb1a-query said:
Hope this helps.
Click to expand...

I understand that you submitted all pages from your passport. When I read through the I-485 applications, it says submit PAGE of your passport that HAS visa on it. Then why do you need to submit all pages?

Also you are supposed to show your recent immigration documents only as per I-485 instructions. Can you please clarify?

Thanks
 
A quick answer about the documents to attach to the forms: just follow the instructions on the form ;)

- The package is indeed made of two subpackages, one for me and one for my spouse.
- I made 6 cover letters, one for each of the 485, 131, 765 for me and for my spouse.
- I added a cover letter explaining the whole package on top of it.

For each individual form, I attached what is needed. It means that there are three copies of the visa stuf, as it is needed for each form. I decided that each form had to have its own copy of the required documents, because I don't know how they are going to be treated once at the Service Center. It is not because the forms are in the same package that they have to share a single copy of the visa!

All of this is very straightforward... it is just a question of reading the instructions, which are actually pretty clear ;)

Chris
 
- There is no need to give all the pages of the passport.
- When you are asked for a photo ID, the ID page of the passeport is indeed useful.

Otherwise, the instructions are very clear for each of the forms... Here you need to give the visa page, there an I-94, for another one a proof of status, ...

I don't think there is a need to swamp USCIS with unnecessary paperwork. There is enough of that already by just sending what is required ;)

Chris
 
lakksh said:
I understand that you submitted all pages from your passport. When I read through the I-485 applications, it says submit PAGE of your passport that HAS visa on it. Then why do you need to submit all pages?

Also you are supposed to show your recent immigration documents only as per I-485 instructions. Can you please clarify?

Thanks
Click to expand...

There are no official requirements to submit all pages of passport. A copy of page with your most current visa and an ENLARGED color copy of a biographic page should be sufficient (the I-485 instructions even limit the requirement to visas issued "within the last year"). I did however include all pages of passport, as well as a copy of my driver's license (having read some posts about RFE asking for it), but that doesn't seem to be required.

As far as current status, a copy of I-94 card from your last entry and and all approval notices (extensions of stay) since then should be enough. USCIS sometimes issues RFEs for old I-94s and approval notices so it would be wise to keep copies... But again, including every shred of evidence of every status you've ever had in your original submission is in no way a required initial evidence.

Hope this helps. Good luck!
 
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Thanks

Thanks Civ2ru and ChrisV for all the information. I guess I have to act fast to send in application now just that a part of me always wants to see an approval notice first. I check trackiit.com and other forums just to see that they r closing in to my filing date but somehow all the recent approvals seem to be coming from either EB2 or EB3 category none that I have seen is from NIW or EB1EA. Do u thiink they r processing other categories too. ( mine is in NIW, NSC, 11-15-06 & EB1EA, TSC, 03-02-07). Just keeping my fingers crossed. I did see one EB1-EA approval on 07/05 for the same filing date as mine( 03/02) from TSC but after that nothing seems to be moving.
 
Looks like I made a big mistake by saying that I submitted all of my passport pages. I had done so after asking few people in the forum who already got their GC (including eb1doc and civ2ru). I did not ask anyone to follow what I did in any post. and I didn't think it will be such a big deal. Anyway I'll delete all my posts here.
 
eh1a_query,

No! you did not make a big mistake! You explained what you did, that 's all... I don't think that submitting all pages of your passeport has big consequences anyway. There is just no need for it...

We all share our experiences here, and it is fair enough.

You should hear soon from TSC ;)

Chris
 
Yes, you are probably right that we did not need to submit all pages. It is just that I did not want to give USCIS any excuse. Also our lawyer was pretty adamant about this.

also, i don't know whether we would hear anything from TSC by the end of this year. Actually I had my EB1EA approved (non PP) from NSC with a PD: June '06. however, we used my spouse's I-140 as it was filed in TSC. Just to avoid NSC, we used the later. Then the whole scene changed. may be I should have sent everything to NSC with older PD. so anyway, just to make long story short, I do not expect to hear anything this year.
 
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eb1a-query,
As long as you have EAD and APD, you can go on with your life here anyway. The GC is just a matter of time, and you should get something back much before the end of the year.
 
I hope you are right. It is just a botheration and something that you want to get done with. USCIS is so unpredictable! Then I hear all those scary namecheck stories! also I do not see much EB1 approvals now and people before me are waiting. Hope this comes to an end for everyone waiting here in this forum.
 
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