I485 problem, Please help !!!

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charles liu

Registered Users (C)
Hi, every one,

I have some problems to finish our I485 while I140 is pending:

(1) In Form G-325A , I do nok know how to answer "File Number A" and "Alien Registration Number, A#" . Are both Number the same?

(2) In Form I485, ask "were you inspected by U.S. immigration officer?" Do my wife and I, BOTH need answer "yes" ?

(3) Do I need list my son in Part 3. B of Form I-485 who was born in the U.S.?

(4) My wife has no SSN yet. How to answer this question in her I485 form.

(5) I am filing I485 while I140 is pending. but I do not konw how to answer the application type in Part 2 of I485. I check "h" and then say "A new rule of I140/I485 filing concurrently." Is it true?

(6) In addition, could any one post your list in detail of I485 adjustment, your wife's adjustment I485 as well as your both list of I765 for EAD?

I greatly appreciate your any information for my question in advance. Liu

:confused:
 
Answers

1. U dont have A# or Alien number yet. It comes after i140 approval and for some it comes after filing I485. U might get one in the I485 receipt.

2. Yes, unless you crawled into US /texas or landed near miami seashore at night:)

3.Yes. It says all sons and daughter isnt it? Just check you are not applying for your son dude.

4. "Not available"

5.h is right. Quote federal register interim rule number and say "an immigrant petition giving me an immigrant visa number is applied along with" or something to that effect.

6. What list?
http://www.ins.usdoj.gov/graphics/formsfee/forms/i-485.htm
 
Thanks, Jaxen!

Hi, Jaxen, Thank you very much for your help.

Here I still have some question to ask:

(1) File number A and Alien registration number in G-325A are the same? If not, What is File Number A?

(2) In my wife's I485 documents (her current visa is H4), does she need include copy of I-140 receipt, my former IAP-66 form, and approval notice of J-1 waiver?

(3) In form I485, Consulate where visa was issued. I say"Beijing in China" is correct?

(4) If my wife apply her EAD and then she can work immediately. But if our GC application is denied, can her visa status transfer from EAD to H4 visa again?
If I also apply EAD, and our GC application is denied, can my EAD status transfer to H1 again?

Thank you very much fro your help. Liu

:)
 
3. If Beijing, China issued you the visa, I believe your response should be so.

4. When your spouse starts using the EAD, she will lose her H4 status immediately. There has been some discussions in this forum on what would happen to your H1 status when your spouse uses the EAD to work. I believe you could preserve your H1 status (unless you are forced to use your EAD due to expiry of you H1-B status, job change based on having your EAD etc) while she can work with a EAD. In the unlikely event of a denial, (a) if you are still on H1B based on legally being possible to be on H1-B, you may apply for the H4 status by filing Form I-539 or something like that for your spouse (b) re-apply for your H1-B and her H4.

This is not legal advice/ opinion.

Good luck.
 
Agree with swsrus (is that like toys R us?:)))

1. A number is same as Alien number
2. Was she on J1 or is that your J1 ? She need to show that she has been in valid status from day 1 in the USA. So if she held any other status she needs to attach copies of those I797s and/or visa stamps (you will be filing the copy of entire passport anyway)

I140 receipt is optional, doesn't hurt to include. It does not generally mention the spouse or dependent's name so it is not compulsory...
 
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