EB1EA and I-485

AGM6

Registered Users (C)
Hi guys,

I have a few questions regarding the I-485 form for EB1-EA visa.

1. The I-485 form requests a letter of employment, including salary information. I included a letter from my employer for the I-140 application stating that they would offer me a job after GC approval. I know that EB1-EA does not require an employment.
Do I still need to submit a letter from my employer for the I-485, or should I simply not submitt a letter from the employer? I will obviously include the I-140 approval notice for EB1-EA.

2. Do I need to submit all documents in original and copy (so that they have two samples)?

3. Otherwise I will only include this: photos, G-325a form, I-94, current visa copy/passport copy, medical exam in sealed envelope, birth certificate, copy of I-140 approval notice.
Did I forget anything?

4. On form I-485 Part 2 (application type): I assume that the I-140 approval notice for EB1-EA means that I indicate (a) here (an immigrant petition ... has been approved). Right?

5. Nonimmigrant visa number: I assume this is the red number on the H1B visa, right?

Thanks!
AGM6
 
Hi AGM6,

I am not sure about other questions (as my lawyer prepared the application) but you do not need to submit the employment letter as EB1-EA is employer independent. I had a discussion about this with my lawyer and he suggested not to attach the employment letter along with I-485. I thought about this and I agreed as I did not want to put any employer name out there because it was a self petition for I-140 anyway.
 
Thanks!
From your note I see that you have not received a response from USCIS.
Or did they send you a RFE regarding that letter?
Was your lawyer sure about not sending the letter?

Also, I believe that I cannot submit the I-485 with PP, right?
Thanks!
Alex
 
I have only received FP notice from USCIS. No RFE yet. And, even if they send an RFE request about that employment letter, it should be pretty simple to respond.

I remember someone else on this forum told me that as long as you clearly mention that your I-140 was based on EB1-EA, employment letter is not mandatory. You can attach it, if you want, though it should not change anything...

And, yes, there is no PP for I-485. You just have to stand in queue :) Good luck!


Thanks!
From your note I see that you have not received a response from USCIS.
Or did they send you a RFE regarding that letter?
Was your lawyer sure about not sending the letter?

Also, I believe that I cannot submit the I-485 with PP, right?
Thanks!
Alex
 
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5. If you do a google search for ("visa number" "control number") in quotation marks, you'll see that some places tell you it's the control number, others tell you its the red number. I used the control number, as I assumed the red number is just a "sticker" number. However, the majority of sites on google apparently regard the visa number as the red number. And either way, it doesn't make a difference, as people who have used the red or the control numbers have had no problems..
 
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Hi guys,
1. The I-485 form requests a letter of employment, including salary information. I included a letter from my employer for the I-140 application stating that they would offer me a job after GC approval. I know that EB1-EA does not require an employment.
Do I still need to submit a letter from my employer for the I-485, or should I simply not submitt a letter from the employer? I will obviously include the I-140 approval notice for EB1-EA.

Don't send a letter of employment. Your case is EB-1 EA based, so don't make it employer-dependent (in case you want to change employer in the future). I included a statement in my I-485 cover letter, "I am not including an employment letter, since my Form I-140, Immigrant Petition for Alien Worker, was self-petitioned under Section Alien of Extraordinary Ability, §203(b)(1)(A)".

2. Do I need to submit all documents in original and copy (so that they have two samples)?

First I hear of this. I'd say - send originals (unless copies are acceptable) and keep copies of everything for your records.

3. Otherwise I will only include this: photos, G-325a form, I-94, current visa copy/passport copy, medical exam in sealed envelope, birth certificate, copy of I-140 approval notice.
Did I forget anything?

Some people also include color/enlarged copy of driver's license (I did), but that's not required.

4. On form I-485 Part 2 (application type): I assume that the I-140 approval notice for EB1-EA means that I indicate (a) here (an immigrant petition ... has been approved). Right?

Yes.

5. Nonimmigrant visa number: I assume this is the red number on the H1B visa, right?

I put the red number.

Good luck!
 
Hi civ2Ru,

that is very helpful!

I want to make sure that I really understand what you are saying.
Since I see in your comment that you have already received the I-485 based on an EB1-EA I-140 petition, I assume that they have never asked you for a letter of employment. Is that correct?
Also, your reply suggests that if I add an employment letter that this would mean that they could associate my GC with an employer. Is that correct?
I obviously do not want to do that, since I did this on my own without the employer. Would they list the name of the employer on the GC?

So in conclusion: I should send it without the letter of employment, correct?

Next question: how long did it take you to gget the I-485? Is there anything I can do to get this done ASAP?
I have heard that in July many new I-485 are expected, and that it may make a difference if I delay the submission by a week or so; do you know anything about that?

Last question: Do I have the obligation to stay for x amount of time in the US after the GC has been approved?
Thanks!
AGM6
 
Since I see in your comment that you have already received the I-485 based on an EB1-EA I-140 petition, I assume that they have never asked you for a letter of employment. Is that correct?

Correct.

Also, your reply suggests that if I add an employment letter that this would mean that they could associate my GC with an employer. Is that correct?
I obviously do not want to do that, since I did this on my own without the employer. Would they list the name of the employer on the GC?

No, they would not list the name of the employer on the GC, sorry if I misunderstood or misled you. However, if you read I-485 instructions closely, "If your adjustment of status application is related to an employment based visa petition (Form I-140), you must submit a letter on the letterhead of the petitioning employer which confirms that the job on which the visa petition is based is still available to you." If your visa petition wasn't based on a particular job (i.e. you self-filed your EB-1 EA I-140), why would they need to know that the same job is still available to you? Still, employment letter is not detrimental to EB-1 EA based case, merely unnecessary (according to my experience).

Next question: how long did it take you to get the I-485? Is there anything I can do to get this done ASAP?

As it says in my signature, my I-485 RD (receipt date) was June 26, 2006 and AD (approval date) was August 31, 2006. So, it took me a little over 2 months to get my I-485 approved by TSC (lucky!). As for speeding up the process, I'm not sure what can be done.

I have heard that in July many new I-485 are expected, and that it may make a difference if I delay the submission by a week or so; do you know anything about that?

I guess the expected flood of new I-485 in July can be attributed to priority date becoming current for all EB cases. As far as delaying your submission a week... I don't see how that would help. Another thing to consider is the filing fee increase starting July 30, 2007.

Last question: Do I have the obligation to stay for x amount of time in the US after the GC has been approved?

I wondered that myself. There have been opinions voiced that you should stay a certain amount of time in U.S. after getting your GC (like, a month), but I never found anything definitive to back that up. Maybe other forum members will chime in.

Oh, and you were also asking about abbreviations in signature:
RD is receipt date
AD is approval date
AP is Advance Parole (I-131)
EAD is Employment Authorization Document (I-765)
FP is finger printing (or biometrics)
code 3 = code 1 (ten finger prints) + code 2 (photo, signature and thumb print)

Hope this helps. Good luck! :)
 
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Thanks!
One last question:
I received the approval notice for the I-140 from TSc, and it says send your I-485 to this Service Center.
So I am now just sending the I-485 to TSC at the address that is listed on the bottom of the I-140 approval notice. Correct?
It is in Mesquite, TX.

Thanks!
AGM6
 
Thanks a lot for all this great info!

One more question:

I have now submitted my I-485 petition.
I am currently on an H1B visa in my passport that expires on 6/30/2007. I have two employers, with two concurrent H1B visas. I had received last week the I-797 approval notice for my H1B visa extension for my part-time employment until 2009, and I will receive next week or so the approval notice for my full-timne employment (valid until July 2008).
However, I did not wait to receive that second I-797 notice, because I thaught it may be better to submit the I-485 petition, before my H1B visa expires in my passport (6/30/2007) and I only included with my I-485 petition a photocopy of my I-94 and H1B visa in my passport and only the I-797 form from my part time-employer (for the H1B visa extension until 2009).

Was that correct, or should I have waited until I get the approval notice for my full-time H1B visa employment as well? Should I send this I-797 approval notice to the service center to which I send the I-485 once I receive it, or would you not do anything and say that everything is fine?

I assume that everything is fine, because I would think that the only requirement would be that at the time of filing the I-485 I need to be on a valid H1B visa in the country (which I am as of now).

Thanks!
AGM6
 
I believe you did the right thing, since the employment requirements in AOS process are for future employment - not always the same as current employment. Also, your category is EB-1 EA!

However, even if it wasn't the right thing, now would be too late to do anything about it anyway. Don't send anything to USCIS now, unless specifically asked for it - it may take forever to get forwarded to the right place to be attached to your file.

But I personally think you just need to stop worrying, do your FPs when requested and then patiently wait for your I-485 approval! :)
 
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