help with simple questions on filling forms

A

aguy

Registered Users (C)
Hi,

Thanks to all the information in the on this forum, I think I can file for my GC in EB2 on my own. I am filing in the NIW category. I have gone through some of the forms and have a few questions:

I am on H1 and wife is on F1.

1. So, as I understand, I file one I140 for myself, file one i485 for myself and another i485 for my wife, correct? Do both of us need the medical exam?

1.5. In part 7 of form i140, should I include my wife or not? She is on her own f1 so the i140 is only for me as such.

2. I will be filing concurrent I-140 and I-485. In form i485, which option in part 2 (application type) should I use for myself? For my wife, I think I should use option (b)?

3. Can I file i140 online and submit i485 later and still be called concurrent filing or is it better to send paper copies of everything? It seems like submitting i140 does not require any documents, so it should be very quick if I do it online.

4. Can all the various fees be included in a single check?

5. I am not clear on the affidavit of support? Will I need one for my wife?

6. Also not clear on i765 and adv parole. Can I file for these along with the i140 and i485? is it advisable to do so?

I will appreciate any thoughts,

thanks,
ashish
 
1- Yes, you need one for you and one for your wife. They are separate applications, and you both will need separate medical exams to include.

1.5- Yes, you must provide the information about your wife, because its asking for your family members regardless of what status you are on. Every I-140 is for one individual only, so the fact that the I-140 is not being filed for your wife is irrelevant, they are asking for details of the applicant's (your) family and you must provide it.

2- For yourself, you can choose "other" and write "I-140 immigrant petition being filed concurrently". For your wife, yes you can use option B.

3- I-140 does require some documents, including your labor certification, employer letter, and other personal stuff (passport, I-94 perhaps, and visa). I wouldn't recommend sending it separately, because you must provide a I-140 receipt notice with your I-485s (yours and your wife's). Since it is taking unusually long these days for USCIS to issue receipt notices, you may run the risk of not receiving yours in time before July 30 or August 17. Therefore better to submit all together - and you must do it in July, not in August. If you wait until August 17, it won't get accepted.

4- Much safer (and preferable to USCIS) to have a separate check for each application.

5- Most lawyers will tell you yes, you do. Fill out I-134 and get it notarized, with supporting documents.

6- If you have H-1 visa it's not necessary, but it's always nice to have them just in case. If you apply for them but don't use them, you will not abandon your H status. If your wife travels, she will not be able to return in F status. In fact, her F status will be shaky after she files I-485, so I would definitely get EAD and AP at least for her.
http://www.hooyou.com/news/news062307faq.html
 
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thanks for your help! I have one follow up question reg # 3 though. Why do you say that waiting until Aug 17 will be too late? Don't get me wrong, I am pushing to file my application by July 31st, but I may get delayed by a couple of days. I just checked that the fee increase will take place only after aug 17th. thanks again.
 
You have not filed I-140 yet. The date USCIS receives your I-140 NIW is your priority date.

The August 17 extension is given only to those whose priority dates are current as of July 2007 bulletin. There are no visa numbers available in August. If you submit your I-140 in August, you will get an August priority date, which means you will not be eligible to file I-485 concurrently. It is very important to files I-140 in July.
 
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Well, I cannot thank you enough for clarifying this. I really appreciate your help. I am on track to finish everything by next Wednesday. If you get a chance, I have a couple of questions reg form i140 (which is for me). For Q #4, I intend to file only i485 and i765 for myself and i485, i765, i131 for my wife. I guess since I140 is for me only, I need to check only the ones that I am filing.

Now, the main questions is: should I file for i-131 and i-765 right now or not? I was thinking that I can leave that for later, but then, since they have to be filed anyway, might as well finish them now (and also pay lower fees). The only risk is that if my i-140 or i485 do not get approved. Right?
 
Yes, you only check the applications that you are filing, since this is your application not hers.

If you are on H-1B and will be able to remain so for the foreseeable future, you can travel as you wish as long as your visa is valid (and you can renew that visa in your home country also). You don't need I-131. As for EAD, again, if you plan to stay at your current job you don't need it. Apply for EAD and AP -while not using them- won't hurt anything. But if you get your EAD and use it for your work or, for example, for another small side job, you will lose your H-1B status. You will still be legal, but won't be in H-1 status.

So basically its up to you if you want to apply for them or not. Either way, its your choice!
 
I appreciate your suggestions. I think I will do i785 for myself and i131 and i785 for my wife b/c of her f1 status. i can always apply for AP in case I need to travel outside. I have a question regarding form i131: in part 3, what should i fill in for questions 1 and 2? And what is usually written for part 7? Foreign travel, if any will be either for personal family visits or to attend conferences.
 
hey, another question: form i-864 seems more immigration oriented than i-134. I am not sure which one to use.
 
hey, i am at my last form g 28: what is the difference between petitioner, applicant, beneficiary? i am representing my wife.

And what does one fill out for item 4 of question 12, in other?

And what would be appropriate to write for "the above consent to disclosure is in connection..."/

Could it be "Filing of immigration forms and legal matters associated with it"?

thanks.
 
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