Filing I-485 on your own

S

sv1973

New Member
Hi All,

My employer is not filing for I-485. My I-140 was filed but is still pending.

1. Can I file for I-485 on my own.
I have all the documents for filing I-485.


2. I hear about a term called "change of lawyer" G-28 etc.
Do i need to fill the G-28 form if I file for I-485 on my own. I donot remember filing G-28 form.

Thanks in advance.
 
Originally posted by sv1973
Hi All,

My employer is not filing for I-485. My I-140 was filed but is still pending.

1. Can I file for I-485 on my own.
I have all the documents for filing I-485.

Yes you can. Make sure you also have the employment letter. Read the application form
I-485 @ USCIS

Employment Letter. If your adjustment of status application is
based on 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. The letter must also state the salary that
will be paid.

2. I hear about a term called "change of lawyer" G-28 etc.
Do i need to fill the G-28 form if I file for I-485 on my own. I donot remember filing G-28 form.

G-28 needs to be filed if you are changing your lawyer.

hth
dyno

Thanks in advance.
Click to expand...
 
Thanks dynobuoy.

I have few more doubts.

1. If I fill change of lawyer form G-28 then I will receive communication for I-485 from BCIS.

What about I-140 issues as it is not yet cleared. Will I receive communication for I-140 issues like RFE also.


2. Employment Letter :

I never changed my employer and have been working with my emmployer since the beginning.

Will the following letter format sufficient:

Format of employment letter.
------------------------------------
1. This is to certify that <name> is working with <company name>
since Jan 2000.
His salary is < amount > per annum.

I have the last 3 years w-2 and also the last 6 months salary slip also.

Pl. comment if it will fullfill the letter of support requirement.

Thanks
sv
 
Originally posted by sv1973
Thanks dynobuoy.

I have few more doubts.

1. If I fill change of lawyer form G-28 then I will receive communication for I-485 from BCIS.

What about I-140 issues as it is not yet cleared. Will I receive communication for I-140 issues like RFE also.

No. You will not receive any kind of communication from USCIS about change of attorney. See item 5, "Updating the Attorney of Record" from this link

As per the rule 140 issues will be send to your attroney/company. In your case since you are acting as your own attorney, you should get it. I haven't seen any cases where an individual had acted as his own attorney for 140. But for 485, yes.



2. Employment Letter :

I never changed my employer and have been working with my emmployer since the beginning.

Will the following letter format sufficient:

Format of employment letter.
------------------------------------
1. This is to certify that <name> is working with <company name>
since Jan 2000.
His salary is < amount > per annum.

I have the last 3 years w-2 and also the last 6 months salary slip also.

Pl. comment if it will fullfill the letter of support requirement.

Yes the letter seems ok. Remember it should be on your company letterhead. It is always a good idea to include your Alien No., and receipt numbers and the intend of the letter.

hth
dyno

Thanks
sv
Click to expand...
 
Thanks for the reply.


As already mentioned my company is not ready for I-485 when I asked them for a RECENT employment letter
they sent me following letter.

------------------------------------------------------------------------------------------------------
<Actual Experience Letter from My company>


December 10, 2003


Re: H-1B Beneficiary: Mr. <name>

H-1B Petitioner: <company name>

Employment Verification




Dear Sir/Madam,


This is to verify that <company name> employs Mr. <name> on a full-time basis as a Computer Programmer pursuant to the H-1B visa petition we filed on his behalf (<wac no>). Mr. <last name> receives an annual salary as listed in the above-referenced H-1B petition.



Thank you for your assistance in this matter. Should you have any questions, please contact me at <phone no





Sincerely,



<Technical Director>
-------------------------------------------------------------------------------------------------------

1. My I-140 was filed in the EB-3 Professionals, skilled and other workers.
Can I use the above letter as the letter of support for I-485 comparing
EB-III with Computer Programmer.

For the salary I will have last 3 years W-2 and the salary slips.

If yes can pl. suggest some wording to be included in the cover letter ?.


2. If I fill change of lawyer form I-140 issues will still be sent to my lawyer/Company as they filed for I-140 and I-485 issues will be sent to me (As I am
representing the case/lawyer).

2.1 Will my lawyer receive any letter that you have been replaced.


3. Possible reason for "change of lawyer"
1. The petition for I-485 is basically employee related and I want to fill this petition.
2. I can save lawyer fees.
3. Lawyer is now more busy with other cases.
4. If I file this case communication will be directly sent to me on which I can act promptly.


Pl. comment on the reason for change of lawyer and if possible give suggestions.
 
Originally posted by sv1973
Thanks for the reply.


As already mentioned my company is not ready for I-485 when I asked them for a RECENT employment letter
they sent me following letter.

------------------------------------------------------------------------------------------------------
<Actual Experience Letter from My company>


December 10, 2003


Re: H-1B Beneficiary: Mr. <name>

H-1B Petitioner: <company name>

Employment Verification




Dear Sir/Madam,


This is to verify that <company name> employs Mr. <name> on a full-time basis as a Computer Programmer pursuant to the H-1B visa petition we filed on his behalf (<wac no>). Mr. <last name> receives an annual salary as listed in the above-referenced H-1B petition.



Thank you for your assistance in this matter. Should you have any questions, please contact me at <phone no





Sincerely,



<Technical Director>
-------------------------------------------------------------------------------------------------------

1. My I-140 was filed in the EB-3 Professionals, skilled and other workers.
Can I use the above letter as the letter of support for I-485 comparing
EB-III with Computer Programmer.
Yes the above letter should suffice.

For the salary I will have last 3 years W-2 and the salary slips.

If yes can pl. suggest some wording to be included in the cover letter ?.
As I told it is a good idea to include your case numbers and alien numbers. Also mention the intend (Subject) of the letter clearly. As always keep a copy of it. Sorry I shall not draft a letter. Maybe you draft the letter with these information and ask experts like Jim Mills (he is a nice attorney who frequents this board) to comment.

2. If I fill change of lawyer form I-140 issues will still be sent to my lawyer/Company as they filed for I-140 and I-485 issues will be sent to me (As I am
representing the case/lawyer).
Yes it would be send to you. But as suggested earlier call USCIS and check if the G28 change has been entered into the system.

2.1 Will my lawyer receive any letter that you have been replaced.
No notification will be sent. But there had been incidents previously wherein the queries were sent to the previous lawyer. That is why it is important to confirm the change with USCIS.

3. Possible reason for "change of lawyer"
1. The petition for I-485 is basically employee related and I want to fill this petition.
2. I can save lawyer fees.
3. Lawyer is now more busy with other cases.
4. If I file this case communication will be directly sent to me on which I can act promptly.
Reason could be any valid reason and all above seem reasonable. You could also write "Like to represent self."

hth
dyno


Pl. comment on the reason for change of lawyer and if possible give suggestions.
Click to expand...
 
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