I140-485 Issue!!!

M

Mettlus

Registered Users (C)
Hi All, This is whats happening . ...need assistance from you all.
Situation
==========
- I have got my LC approved. want to file 140& 485 now.
- I am married wife is on H4 (she doesn't has her Birth Certificate nor Tax Number)

I have all my documents except for Medical Examination.


Questions
=========
1. Can I apply for 140 & 485 for myself right now and include my wife's application later ? (when she gets all her supporting docs)

2. Should I apply for just I-140 right now and collect all the supporting docs medical examniations etc in the mean time,,,until the 140 gets approved?



TIA
 
1. Can I apply for 140 & 485 for myself right now and include my wife's application later ? (when she gets all her supporting docs)

You can.

2. Should I apply for just I-140 right now and collect all the supporting docs medical examniations etc in the mean time,,,until the 140 gets approved?

It's up to you, you can do it this way.
 
Second option is better

Apply 140 now. Get that going. Then apply for 485 for yourself and wife when you get the birth cert. Tax number is not required.

I had Tax number for wife then she got EAD and applied for SSN, when she went for finger printing the immigration officials were all confused/suspicious as to why the SSN number (which was tax ITIN #) changed. She explained but they wasted her time and at some point said finger printing wont be done because they werent clear about why / how we can have different SSN numbers. Finally i was able to convince them that i obtained ITIN for tax filing purposes and that it was NOT SSN, and then she got a real SSN number a few days back. Stroke of luck me or moment of realization of the obvious for them, the finger printing happened... ;0 ... Not to imply that all immigration officials are as ignorant, rude and unhelpful as those in NYC (we tend to get the worst kind out there), but you should make an effort to keep things simple for their simple minds. :D ITIN is not required for 485, only birth cert is. So keep that issue aside for now.

Option 2 is a bit painful since that requires adding a dependent after your file is in. Adds to complication and violates the "keep things simple for simple immigration official minds" rule.

If i were you, i would go with 2. I respect Mr. Mills response, who as an attorney confirmed your options. I just wanted to add some personal opinion on that confirmation. :cool:
 
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Need an advice on Concurrent filing

I got my labour apporved. My Employer says he won't file concurrently. He is willing to file I140 only.

so my question can i file I485 my self ?? if so does I485 process needs any documents from the empoyer? I have all the documents for my self and my wife. She is on H4 right now.
It will be in Vermont service centre.

I don't mind utilising the services of Jim Mills for I 485 filing if it is possible
 
“so my question can i file I485 my self ?? if so does I485 process needs any documents from the employer? I have all the documents for my self and my wife. She is on H4 right now.
It will be in Vermont service center”

----Yes you can file the I-485, EAD, AP but you need to attach the copy I-140 filing receipt with I-485 filing and need employment verification letter from employer to be attached ( it can be also attached at later stage BCIS will ask for it at the last stage) you can also file your wife I-485.
 
Mettlus

I think you cannot apply 485 without attaching medical exam results

Look for others' answers too on this
 
Hi All ,
My Labour may get Approved in couple of weeks from Atlanta DOL ,

My H1 visa will expire on june last week ,my company already applied for H1-B extension couple of months back but still it under processing phase and it may take around another 2 -3 months to get approved

now my question ,

can i file 140,485 with out H1 extension valid Visa in my hand ?
or
can i send by h1 papers again when h1 get approved ? or should i wait till i get RFE ?
or
or should i choose for premium processing for h1 visa for a safe bet,?


Naveen
 
Apply 140 and 485 with the copy of receipt of H1 extension which will be proof of your legal stay after expiry of H1.
 
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