I-485 filing questions

D

docny

Registered Users (C)
I will soon be filing I-485 for an approved I-140.

1. If submitting I-485/I-765/I131 together, do we submit all the evidence as one unit or submit evidence that is common to all applications (such as approval notices, proof non-immigrant status, etc etc) separately with each individual application even though it is going in one packet.

2. I have an H1 approval for the next year medical training and do not necessarily need EAD for the year. Is it still advisable to get EAD anyway? What will be the chances of getting the plastic card before 06/2008? I see some of the forum users have gotten their GC in 1-2 months but it seem like it is an exception rather than the norm.

3. My spouse is on H4 and she will need an EAD in order to work. Will her EAD use invalidate her H4 status or my H1 Status?

4. Do tests for Medical exam (such as Immunization/PPD/Chest X-ray/HIV/Syphillis etc) have to be by the authorized civil surgeon or outside test are acceptable to the civil surgeon. Can these test result be from past (e.g. one year ago). Do I need to pre-fill the medical exam form or civil surgeon will do that.

5. I do not have a planned date/country of travel but would like to have AP just in case. What should I answer in boxes where they ask about specific date and country of travel.
 
docny said:
I will soon be filing I-485 for an approved I-140.

1. If submitting I-485/I-765/I131 together, do we submit all the evidence as one unit or submit evidence that is common to all applications (such as approval notices, proof non-immigrant status, etc etc) separately with each individual application even though it is going in one packet. I sent just one set of supporting documents for both I485 and I765, but if you send set for each I think will not hurt.
2. I have an H1 approval for the next year medical training and do not necessarily need EAD for the year. Is it still advisable to get EAD anyway? Up to you, if you will not use it, just save the application fee for the time being
What will be the chances of getting the plastic card before 06/2008? I see some of the forum users have gotten their GC in 1-2 months but it seem like it is an exception rather than the norm. Your chance is very high to get by this time, this is the norm, the processing time in different centers is much shorter than that. The name check is the delaying factor but per USCIS, more than 99% get cleared within 6 months.

3. My spouse is on H4 and she will need an EAD in order to work. Will her EAD use invalidate her H4 status or my H1 Status? invalidate her status and will not affect your for sure

4. Do tests for Medical exam (such as Immunization/PPD/Chest X-ray/HIV/Syphillis etc) have to be by the authorized civil surgeon or outside test are acceptable to the civil surgeon. Can these test result be from past (e.g. one year ago). Do I need to pre-fill the medical exam form or civil surgeon will do that. You can do immunizations, PPD test, chest xray (if PPD is positive more than 5 mm) outside and show the results to civil surgeon and usually HIV and syphilis will be done by civil surgeon.

5. I do not have a planned date/country of travel but would like to have AP just in case. What should I answer in boxes where they ask about specific date and country of travel.
Click to expand...

You want to visit your family (parents, siblings ....etc), attend overseas meetings and conferences or even do not write anything it will be approved.
 
thanks mmed...

I have heard that one should maintain non-immigrant status (such as H1) while I-485 is pending...Just in case.

Since I will not be using EAD and may not even apply for it..I am OK...

But if my wife uses derivative EAD and in worst case scenario my I-485 is rejected (I don't know how likely is that scenario?), I will still be H1...but she will be out of status?

Please advise.
 
yes - if your 485 is rejected your wife will fall out of status. but that is worst case scenario. do not think about it. the road to green card is laid with uncertainties but focus on the positive.
 
docny said:
thanks mmed...

I have heard that one should maintain non-immigrant status (such as H1) while I-485 is pending...Just in case.

Since I will not be using EAD and may not even apply for it..I am OK...

But if my wife uses derivative EAD and in worst case scenario my I-485 is rejected (I don't know how likely is that scenario?), I will still be H1...but she will be out of status?

Please advise.
Click to expand...

Since you are not going to use the EAD it is OK, do not apply, the point is that it is just $180 dollars (which may be increased soon) and will give you fexibility in any case with unexpected problems with your H sponsor (no one knows).
Yes, she will be out of status but will not accumulate illegal stay unless the USCIS send a notice to her that she will start to accumulate illegal stay. So you will have some time to apply for her again for H4 and she should go outside the US to get the stamp by then. Do not think of that for the time being because if I-485 rejected the time left in your H (I do not know how much you waste from the 6 years) will be relatively short and both of you suppose to leave.
 
mmed said:
The name check is the delaying factor but per USCIS, more than 99% get cleared within 6 months.
Click to expand...

And also according to uscis 10% of ALL name checks delayed beyond 1 year
and according to FBI NNCP section chief declaration 16% of name checks initiated by uscis in December 2002 are pending on the date of Nov 30, 2006....

so... choose whom to believe
 
Cmapocma said:
And also according to uscis 10% of ALL name checks delayed beyond 1 year
and according to FBI NNCP section chief declaration 16% of name checks initiated by uscis in December 2002 are pending on the date of Nov 30, 2006....

so... choose whom to believe
Click to expand...

The point here is that the OP want to know is the norm to be delayed or approved. If we go to even the highest worst number, still there are 84% cleared within one year and his proposed date (6/08) is still more than one year. Even most of those 10% or 16% delayed in name check still have no priority date available. So even if the name check cleared now they will stuck with the PD which may be ready after many years bythen the name check should be repeated again.
 
mmed said:
The point here is that the OP want to know is the norm to be delayed or approved. If we go to even the highest worst number, still there are 84% cleared within one year and his proposed date (6/08) is still more than one year. Even most of those 10% or 16% delayed in name check still have no priority date available. So even if the name check cleared now they will stuck with the PD which may be ready after many years bythen the name check should be repeated again.
Click to expand...

I don't know what to believe, man...
My I-485 is still pending
EB1OR World, ND 08/25/2003
"required security checks remain pending"
 
Cmapocma said:
I don't know what to believe, man...
My I-485 is still pending
EB1OR World, ND 08/25/2003
"required security checks remain pending"
Click to expand...

Then, you are in the percent (1, 10, or 16%) with pending security check long time ago. This percent looks low, but still thousands of people (out of million applicants) including you are suffering from. I am not defending this long wait but saying that there anre many applicants still pending despite they are low percent from the whole.
 
Thank you for your input.. Cmapocma and mmed


If I gather it correctly, namecheck will delay I-485 adjudication but not I-131 and I-765. True?

Is this name check for I-485 different than the one done for non-immigrant visa and the like (H-1 visa and J-1 waiver process) or USCIS does not perform namecheck on these processes.
 
docny said:
Thank you for your input.. Cmapocma and mmed


If I gather it correctly, namecheck will delay I-485 adjudication but not I-131 and I-765. True?

Is this name check for I-485 different than the one done for non-immigrant visa and the like (H-1 visa and J-1 waiver process) or USCIS does not perform namecheck on these processes.
Click to expand...

The USCIS can request name check for any application which is almost the same for H1 visa, J waiver (I stuck in waiver for name check for 10 months) because it is carried by the FBI. Few posts in this forum with people pending for EAD for more than a year due to name check, others got the AP after a year and so on.
 
Hi I am new in this forum and my attorney is preparing all paper work to
field I-140 with pp and I-485 concurrently now my question is whats the
total fees for that if I include my wife how much I am going to spend
I-140 pp 1000+195
I-485 concurrently 325 +70 biometrics this is for each person or just for application thank you any advise
 
JSANTANAFUENTES said:
Hi I am new in this forum and my attorney is preparing all paper work to
field I-140 with pp and I-485 concurrently now my question is whats the
total fees for that if I include my wife how much I am going to spend
I-140 pp 1000+195
I-485 concurrently 325 +70 biometrics this is for each person or just for application thank you any advise
Click to expand...

I-140: $195 +$1000 pp (one application only whatever the number of the family)

I485 : From 14-79 years old $325+$70 (x number of family member)
Less than 14 Years $225 only (x number of children)
more than 79 years $325 only (x number of family member)

This is for every one (the principal and derivatives). Every one has his own I-485 form, own medical exam, separate check with the fees and so on. May be in one package or separate packages. Even if in the same package you have to include copies of supporting documents for each one (I-94, visa form, ..........etc)
 
You must log in or register to reply here.
Top