My I-140 was received by INS on April 8 this yr (EB-2), its not been approved yet, but I am ready to file I-485 as the new interim rule, 67 FR 49561, July 31, 2002; which made it possible for alien workers to submit form I-485, with out I-140 approval.
I have few questions and it would be really helpful if some one know the answers.
1. In I-485 I don't know which item to check (PART 2) which ask
"I am applying for an adjustment of status to permanent resident status because"
Should I check item (a) in Part 2 (which states “an immigrant visa giving me an immediately available…) is that enough or I should also check (h) of Part 2 to quote the interim rule, 67FR 495721?
Or somethin else has to be done, since my I-140 has not yet approved...?
2. I know that the spouse has to file separate I-485 form (or any other form for that matter), but is it true that either the spouses should file (submit) separately, or it can go into same package?
3. In EAD application (item 11) one is suppose to attach all the document related to previous EAD. My wife when she was on J-2 (I was on J-12 that time), had an EAD (which expired once I moved to H-1B), does any one knows what are the documents she is suppose to attached besides the expired EAD and I-797 (i.e. notice of action)?
4. My last question is regarding form I-131 (travel document Item #7), where one has to mentione the eligibility criteria, my wife who has now a valid H1B visa but she is applying for an EAD; does the notice of action (I-797 for my I-140 petition) is good enough or something else is required?
Thanks a lot in advance.
Mukesh Nyati
I have few questions and it would be really helpful if some one know the answers.
1. In I-485 I don't know which item to check (PART 2) which ask
"I am applying for an adjustment of status to permanent resident status because"
Should I check item (a) in Part 2 (which states “an immigrant visa giving me an immediately available…) is that enough or I should also check (h) of Part 2 to quote the interim rule, 67FR 495721?
Or somethin else has to be done, since my I-140 has not yet approved...?
2. I know that the spouse has to file separate I-485 form (or any other form for that matter), but is it true that either the spouses should file (submit) separately, or it can go into same package?
3. In EAD application (item 11) one is suppose to attach all the document related to previous EAD. My wife when she was on J-2 (I was on J-12 that time), had an EAD (which expired once I moved to H-1B), does any one knows what are the documents she is suppose to attached besides the expired EAD and I-797 (i.e. notice of action)?
4. My last question is regarding form I-131 (travel document Item #7), where one has to mentione the eligibility criteria, my wife who has now a valid H1B visa but she is applying for an EAD; does the notice of action (I-797 for my I-140 petition) is good enough or something else is required?
Thanks a lot in advance.
Mukesh Nyati