I-140 filed, but not I-485

M

mahe157

Registered Users (C)
As per my lawyer's advice, I filed only 140 (RD=Sep 26,2003).

Am just wondering if I should file I485, EAD now
even though I 140 approval with VSC is taking longer
and erratic times.

Plus point for that is:
It will allow members of my family to have EAD and work;

Minus point:
If I140 is not approved, then at that point EAD (and everything else) goes. I have to continue with my another H1B which I have.

Am not sure what is the right thing to do.

Unfortunately the lawyer was not very helpful and forthcoming.

In fact he asked me to send him a signed letter saying that I am willing to take risk of filing I-485 now without I-140 having been approved.

Lawyer is my H1B company's lawyer.

I need input from you all experienced guys in countering this
rather strange behavior.
 
Originally posted by mahe157
As per my lawyer's advice, I filed only 140 (RD=Sep 26,2003).

Am just wondering if I should file I485, EAD now
even though I 140 approval with VSC is taking longer
and erratic times.

Plus point for that is:
It will allow members of my family to have EAD and work;

Minus point:
If I140 is not approved, then at that point EAD (and everything else) goes. I have to continue with my another H1B which I have.

Am not sure what is the right thing to do.

Unfortunately the lawyer was not very helpful and forthcoming.

In fact he asked me to send him a signed letter saying that I am willing to take risk of filing I-485 now without I-140 having been approved.

Lawyer is my H1B company's lawyer.

I need input from you all experienced guys in countering this
rather strange behavior.
Click to expand...



What risk?? There is no such thing! Just go ahead and ask your lawyer to file concurrent.

hth
dyno
 
You lawyer comment on risking I-485 without I-140 approval is one of the worst joke of this 21st centuary,

I hope he is filing your paper right. The only disadvantage is you will loose your fee if something happened ti I-140. But who cares if you can years of time to get it sooner...........

Dont waste any more time to file it.......
 
I had one question :

At what stage of processing of I-485 do they ask W-2?

I have all my recent paystubs alright but the problem with
W-2 is that for last year it is half as fat of the required size
and much thinner for previous year.

Thanks in advance to All.
 
Originally posted by mahe157
I had one question :

At what stage of processing of I-485 do they ask W-2?

I have all my recent paystubs alright but the problem with
W-2 is that for last year it is half as fat of the required size
and much thinner for previous year.

Thanks in advance to All.
Click to expand...


W2 can be asked during any stage. There is nothing that prevents USCIS to ask for W2 or for that matter any information any time during the process.

However fat or thin your paycheck is, doesn't matter. BUT if your W2 statement is less than the one specified in your H1B application or less than the minimal wages then you MIGHT be in trouble. Also if you are working for the sponsoring company for that less than minimal wages, the INS can conduct an immigration audit.

Again these are possibilities and not a guaranteed procedure.

hth
dyno
 
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