Lawyer is asking different set of Docs for 485..Need Help to dtermine risk factors!!

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abc_xyz

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Lawyer is asking different set of Docs for 485..Need Help to determine risk factors!!

Hi All,
My Lawyer is about to file my I-140/I-485 concurrently in couple of days.He is suggesting some different set of documents to file with my 485.

-134 Affidavit of Support for my Family
-Only One Year of Tax Return.
-All other documents related to birth and marriage certificates
-Degree Certificates etc.

I have few doubts on some of them.
(a)What may be the reason for asking for I-134.Does anyone filed I-134 with
I-485.
(b)Why he is asking for only one year of Tax Returns and not three.
(c)When I asked her about filing few of my paystubs,he is saying that they
are not needed as I am filing I-134.
(d) Are this discripencies going to create any issues at 140/485 stages?

Here I have all proper paystub and tax return documents but somehow he is not willing to file them with my I-485.

I am really scared because I have not heard anything like this before.Can someone throw some insight in this.Is this really that much scary as I am thinking?When I asked the lawyer he said that they are doing differently than others.I don't know what the hack he is trying to do with my case !!!!! :confused:

Thanks In Advance
 
Last edited by a moderator:
Unitednations,
Sorry for draging this long.Just to make thing more clear(because it is getting filed in coluple of days!!)

Does that mean that my EB2 Employment based 140 and 485 will not be rejected due to any of following reasons.

(a)no paystubs filed with application
(b)only one year tax returns filed with my application instaed of three.

(To add to confusion,I am going to use labor substitution.Eductaion required on approved labor is BS + 5 Years or MS +2 years.,My actual education/ experience is BS + 11 Years experience)


Thanks for listening.
 
abc_xyz said:
Hi All,
My Lawyer is about to file my I-140/I-485 concurrently in couple of days.He is suggesting some different set of documents to file with my 485.

-134 Affidavit of Support for my Family
-Only One Year of Tax Return.
-All other documents related to birth and marriage certificates
-Degree Certificates etc.

I have few doubts on some of them.
(a)What may be the reason for asking for I-134.Does anyone filed I-134 with
I-485.
(b)Why he is asking for only one year of Tax Returns and not three.
(c)When I asked her about filing few of my paystubs,he is saying that they
are not needed as I am filing I-134.
(d) Are this discripencies going to create any issues at 140/485 stages?

Here I have all proper paystub and tax return documents but somehow he is not willing to file them with my I-485.

I am really scared because I have not heard anything like this before.Can someone throw some insight in this.Is this really that much scary as I am thinking?When I asked the lawyer he said that they are doing differently than others.I don't know what the hack he is trying to do with my case !!!!! :confused:

Thanks In Advance
Click to expand...


1. Why affidavit of Support?

Do you have minors in family? If yes - you know why! Else lawyer is being extra cautious. It has nothing to do with family business.

2. Ask her - it is unusual.

3. Is she confused?

4. You may get RFE for Tax return possibly.

Ask her if she is sure that you are filing 140 and 485 and not 130 and 485! Has she handled EB cases or is she under impression that it is family based?
 
From your reply it looks like paystub/W-2s/Tax returns are needed at 140 stage to determine ability of employer to pay the salary mentioned on "labour certification".Am I right?? Company where I am working is one of top tire company in "commn. equipments" having Market Cap of $15BN upwards.So ability of pay hopefully will not be an issue.

The company who is filing labor substitution is the company where I am having continued employment since more than 2 .5 years.Also I guess approved labor's PD is also somewhere around in 2002.Before 2002 itself I have BS + 8 years of experience,so I guess education/experince will not be an issue.

Thanks
 
abc_xyz said:
Unitednations,
Sorry for draging this long.Just to make thing more clear(because it is getting filed in coluple of days!!)

Does that mean that my EB2 Employment based 140 and 485 will not be rejected due to any of following reasons.

(a)no paystubs filed with application
(b)only one year tax returns filed with my application instaed of three.

(To add to confusion,I am going to use labor substitution.Eductaion required on approved labor is BS + 5 Years or MS +2 years.,My actual education/ experience is BS + 11 Years experience)


Thanks for listening.
Click to expand...

Although you have not asked me - you are getting wrong advice so I feel I should warn you.

You need salary slip for 2 reasons:
1. If you are on H1b visa - it proves that you are in status.
2. If you are getting more or 10% less than stated salary - you will not get RFE.

It is not 1 or 2 or 3 years of tax return. It is all tax returns. USCIS wants to know if you ever violated your visa status by working elsewhere - the reason is that pre-2001 data were not sharable between agencies.

Check with your lawyer and confirm that she knows what she is doing! She maybe doing right thing but still no harm in confirming. All the best for your RFE in advance if you do not heed to salary slip and tax returns issue.
 
I tried to ask her couple of times but she tried to tell me that "they know what they are doing" .I know what your saying is perfectly ok.

My point is if I don't have any issues with my paystubs and tax returns why she should not file it with the application.

How can we deal with this kind of situation with Lawyer?If I go to my HR or Manager he will ask to do what Lawyer says.

Also at what stage (either 140 or 485 ) this will affect?
 
I would agree with UN. If you read the application instructions you will come to know that for 485 all you need is a letter of employment stating your salary. You can send in the W2s and paystubs if you like. It is not required. I know of several people who got 485 approved with a standard employment letter. Don't worry about it.

abc_xyz said:
Hi All,
My Lawyer is about to file my I-140/I-485 concurrently in couple of days.He is suggesting some different set of documents to file with my 485.

-134 Affidavit of Support for my Family
-Only One Year of Tax Return.
-All other documents related to birth and marriage certificates
-Degree Certificates etc.

I have few doubts on some of them.
(a)What may be the reason for asking for I-134.Does anyone filed I-134 with
I-485.
(b)Why he is asking for only one year of Tax Returns and not three.
(c)When I asked her about filing few of my paystubs,he is saying that they
are not needed as I am filing I-134.
(d) Are this discripencies going to create any issues at 140/485 stages?

Here I have all proper paystub and tax return documents but somehow he is not willing to file them with my I-485.

I am really scared because I have not heard anything like this before.Can someone throw some insight in this.Is this really that much scary as I am thinking?When I asked the lawyer he said that they are doing differently than others.I don't know what the hack he is trying to do with my case !!!!! :confused:

Thanks In Advance
Click to expand...
 
Last edited by a moderator:
UN/Jarkhandi/LaborApproved and Others I would like to share some good news here....

rcvd mail regarding my 140 approval.

140/485 RD/ND:11/16/2004
140 AD:12/07/2004
485: ??
EB2...That's what my 140 says!!!
Substitute labor

I hope this is not error from USCIS as I don't have actual approval in hand yet.

Is this new trend at VSC for EB2??

good luck to all on 140.

Wish me luck on 485.

thanks for all help
 
Please answer

Dear abc_xyz,

First, congrats on getting your I-140 it should great for you because it came through in a very short time.

My question to you is...Did the I485 LUD change when I140 got cleared? (with or without any message change). I'm asking this question because I don't have my I140 receipt number and wanted to track it. I see the I485 LUD changed without change in message when APs and EADs got approved.

TIA
 
Thanks

no LUD change on 485 while 140 cleared.

on 12/07 LUD on 140 changed and status change to approved.
on 12/08 LUD on 140 changed and no change in status(it is still in approved state)
 
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