I-485 step

feelinglucky

Registered Users (C)
Friends,

Lets have a special thread for the I-485 step, for all those guys who crossed the first hurdel.... Post your queries here.... Hope our gurus especially like EB1DOC would help us.....
 
Just to clear things up, This is what is needed right?
If I have missed anything correct me.

This is to file I-485, I-765 and I-131 for the primary applicant \

· Filling fees for I-485 (Adjustment of status): $325
· Filling fees for I-765 (Employment authorization): $180 (if needed)
· Filling fees for I-131 (Advance parole): $170 (if needed)
· Finger printing fees: $70

I-485 Adjustment of status

1. Form I-485: signed and dated
2. Form 325A (Biographic information): signed and dated
3. Form I-693: Sealed medical examination
4. 2 passport pictures
5. Employment Statement
6. Copies of passport and I-94 and current visa
7. Copy of birth certificate
8. Copies of last three years tax returns

I-765 Application for Employment Authorization (if needed)

1. Form I-765
2. 2 photos

I-131 Advance Parole (if needed)

1. Form I-131
2. 2 photos
 
Copy of tax return??? Where does it say it is needed??? I was freaking out for a minute because I don't have copy of my tax return but I just saw I can get it easily.

Also is "employment statement" really necessary for I-140 NIW???

SumeetBabu said:
Just to clear things up, This is what is needed right?
If I have missed anything correct me.

I-485 Adjustment of status

1. Form I-485: signed and dated
2. Form 325A (Biographic information): signed and dated
3. Form I-693: Sealed medical examination
4. 2 passport pictures
5. Employment Statement
6. Copies of passport and I-94 and current visa
7. Copy of birth certificate
8. Copies of last three years tax returns

I-765 Application for Employment Authorization (if needed)

1. Form I-765
2. 2 photos

I-131 Advance Parole (if needed)

1. Form I-131
2. 2 photos
 
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Now I do have a few questions on filling up the 485. Sorry if they're stupid!

1) "Were you inspected by a U.S. Immigration officer?" Isn't the answer to that always "yes" since we all have to go through an immigration officer when we arrive in the US?

2) My H1B visa stamp has expired. The visa has been renewed till 2008, but since I haven't been out of the country yet, I haven't had a chance to get a new visa stamp. In the 485 form what should I put for "COnsulate where visa was issued" and "Date visa was issued"? Do I put the information for the most recent visa, even though it's expired already?
3) where do I find my "nonimmigrant visa number"? Is it the WAC number of my most recent H1B approval?

4) "have you ever before applied for permanent residency in the U.S.?" The answer to that is yes, and it refers to my I-140, correct?

5) final question: Is I-140 NIW also considered "employment base". If so, do have to send my material to NSC (based on the instructions) Or do I send it to the center that approved my I-140 (TSC)? Or the center where I live (CSC)?

Any input will be greatly appreciated!
 
Last edited by a moderator:
Fgsilva said:
Copy of tax return??? Where does it say it is needed??? I was freaking out for a minute because I don't have copy of my tax return but I just saw I can get it easily.

Also is "employment statement" really necessary for I-140 NIW???
"employment letter" is generally expected. It shows that the job for NIW is available and that you can support your family.
Tax return is not expected for NIW case, I think.
 
Fgsilva said:
Now I do have a few questions on filling up the 485. Sorry if they're stupid!

1) "Were you inspected by a U.S. Immigration officer?" Isn't the answer to that always "yes" since we all have to go through an immigration officer when we arrive in the US?

2) My H1B visa stamp has expired. The visa has been renewed till 2008, but since I haven't been out of the country yet, I haven't had a chance to get a new visa stamp. In the 485 form what should I put for "COnsulate where visa was issued" and "Date visa was issued"? Do I put the information for the most recent visa, even though it's expired already?
3) where do I find my "nonimmigrant visa number"? Is it the WAC number of my most recent H1B approval?

4) "have you ever before applied for permanent residency in the U.S.?" The answer to that is yes, and it refers to my I-140, correct?

5) final question: Is I-140 NIW also considered "employment base". If so, do have to send my material to NSC (based on the instructions) Or do I send it to the center that approved my I-140 (TSC)? Or the center where I live (CSC)?

Any input will be greatly appreciated!
1) Correct.
2) Correct. The visa stamp you entered US with.
3) It is written on your visa stamp page. There should be 2 numbers. You can put either number. People have different opinions on this issue. It is not that important because you are expected submit photocopy of the visa stamp page.
4) Should be "No" unless you filed another I-485 before.
5) NSC. You can try to send "TSC", hoping that it will be processed at TSC. But there's change that your case may be slightly delayed due to the rerouting.
 
i see the only advantage at this stage is that we will not be called for any interview, we are waived for that....
 
do any of you guys know that are we supposed to work for the current employer for 180 days after filing I-485 in EB1 and EB2 category? This is bit strange for our categories since it is our self petition and we dont come under any labor conditions.....
 
I think I have heard about this before. I'm glad that in my current job, even though it's not permanent, it is still good till 2008.


feelinglucky said:
do any of you guys know that are we supposed to work for the current employer for 180 days after filing I-485 in EB1 and EB2 category? This is bit strange for our categories since it is our self petition and we dont come under any labor conditions.....
 
Thanks!! I don't like the idea of sending it to NSC as, based on what I've read here it appears that they take forever. Also, I checked online and it shows them still stuck in nov/05 for 485!!! :eek:

Now (and perhaps the dumbest question), I forgot to ask:. ON page 1 under "I am applying for an adjustment to permanent resident status because:" the answer should be "a", correct? other than the last one "h" none of the others seemed to fit.

Thanks again!

leviathan said:
1) Correct.
2) Correct. The visa stamp you entered US with.
3) It is written on your visa stamp page. There should be 2 numbers. You can put either number. People have different opinions on this issue. It is not that important because you are expected submit photocopy of the visa stamp page.
4) Should be "No" unless you filed another I-485 before.
5) NSC. You can try to send "TSC", hoping that it will be processed at TSC. But there's change that your case may be slightly delayed due to the rerouting.
 
Fgsilva said:
Thanks!! I don't like the idea of sending it to NSC as, based on what I've read here it appears that they take forever. Also, I checked online and it shows them still stuck in nov/05 for 485!!! :eek:

Now (and perhaps the dumbest question), I forgot to ask:. ON page 1 under "I am applying for an adjustment to permanent resident status because:" the answer should be "a", correct? other than the last one "h" none of the others seemed to fit.

Thanks again!
Yes, "a".
 
Tax return!

Fgsilva said:
Copy of tax return??? Where does it say it is needed??? I was freaking out for a minute because I don't have copy of my tax return but I just saw I can get it easily.

Also is "employment statement" really necessary for I-140 NIW???


tax return is mainly required in order to establish you as good immigrant.
it is gennerally required for LCA based cases and that too during initial processing ....after I-140 approval (be it be NIW/Eb1 or LCA based) I 485 is on similar panels..............tax return RFE is asked only if they see anything strange on ur IRS records against ur SSN. It is not absoultely essential to send but if you think you are MR Clead IRS wise ...they wit will not harm.
 
Fgsilva said:
Copy of tax return??? Where does it say it is needed??? I was freaking out for a minute because I don't have copy of my tax return but I just saw I can get it easily.

Also is "employment statement" really necessary for I-140 NIW???

It helps!
in any kind of application continuation of job is good sign.
At least get stamenets that XYZ is working on XYZ which need continued XY's efforts to successfull completion.
 
read bold!

SumeetBabu said:
Just to clear things up, This is what is needed right?
If I have missed anything correct me.

This is to file I-485, I-765 and I-131 for the primary applicant \

· Filling fees for I-485 (Adjustment of status): $325
· Filling fees for I-765 (Employment authorization): $180 (if needed)
· Filling fees for I-131 (Advance parole): $170 (if needed)
· Finger printing fees: $70

I-485 Adjustment of status

1. Form I-485: signed and dated
2. Form 325A (Biographic information): signed and dated
3. Form I-693: Sealed medical examination
4. 2 passport pictures not any more its USCIS standard pictures
5. Employment Statement (Employment verification letter EVL)
6. Copies of passport and I-94 and current visa
7. Copy of birth certificate 9in cas eyou don't get affidavits from relatives
8. Copies of last three years tax returns

I-765 Application for Employment Authorization (if needed)

1. Form I-765
2. 2 photos

I-131 Advance Parole (if needed)

1. Form I-131
2. 2 photos
 
feelinglucky said:
do any of you guys know that are we supposed to work for the current employer for 180 days after filing I-485 in EB1 and EB2 category? This is bit strange for our categories since it is our self petition and we dont come under any labor conditions.....


even lawyers admit that rules are not clear about this
and thus recommendation is that you shd work for 6-8 months after filling
some even recommend that after GC approval..............remember you can take up job leave employer easily but if BCIS catches you later then its not good.................as they are slow bot not stupid!!!!!
 
Oh yeah, on the birth certificate: do I need to get it translated to English by a certified translator since my original Certificate is in Portuguese?
eb1doc said:
read bold!
 
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