Only for Concurrent fillers

Re: Re: Re: Just do it.

I have my RD in Phily DOL in 9/23.. Hopefully I can use this time to prepare all the concurrent filing legwork before the LC approval.

1) I wanted to know if I can do my/ wife's medical exams prior to LC approval?

2) My wife is a graduate Student in univ. Do i need to provide any documents for her besides the passport copies and I-20 ?

3) Birth Certificate : I have obtained an Affidavit from India that my Birth certificate is not available from the municipality i was born in. Anyone has idea whether this is sufficient or this may cause some problems in 140/485 approval?

4) Employment Verifications: I heard from some other websites that the employment offer letter alone will not be accepted . I need to get certified letters from my colleagues certifying my employment with the employer -- Is that true?

Any help is appreciated .

Cheers

Anindya_72
 
Docs for Concurrent filing !!

Kalse_2000,
Dependent gave you an idea on what kind of info you need. Nevertheless, if you go thru the forms below, it will give you clear picture. Individual lawyers work different way. Some of them ask to fill-up drafts of all these forms. Some give a questionary and they do the rest.

1. I-140
2. I-485
3. I-765
4. I-131
5. G-325A
6. I-693 (For Medical. Need original colored - Download version can NOT be used).
7. Copy of latest Visa in Passport
8. Copy of I-94 (of last travel) and/or one on I-797 (if you extend H1-B here)
9. DOB (Non-availability Cert, 2#s Affidavits OR original DOB, if you have)
10. Experience Letters (From Companies on Letter Head OR Affidavits from co-workers)
11. Photos (6-8 Copies - Specifically taken for Immigration)
12. I-134
13. Marriage Cert
14. Employment letter - Lawyer will take care of it from ur employer.
15. W2(last 2) and Paystubs(last 6) - Only safer for not getting NOF/RFE on ability to pay (Upto individual lawyers)

Hope this helps.
 
Last edited by a moderator:
Adding to the documents required for concurrent filing:
---------------------------------------------------------------------

PHOTOGRAPHS:
--------------------
Photographs Required - 6 nos (2 for I-485, 2 for I-131 and 2 for I-765)

I have some friends who have RFE's on Photographs. Photographs should be ADIT style (Immigration style). More info can be got from the below link.

http://www.ins.gov/graphics/lawsregs/handbook/m-378.pdf

Get the photographs taken at Sears / JC Penny or any other studio where you get photographs of good quality. Tell them that you need Immigration Photographs. Show them the above document and insure that you satisy all the conditions outlined. Return the photographs and retake if required.

I-134 (AFFIDAVIT OF SUPPPORT):
------------------------------------------
Does anybody know what is the MINIMUM amount of savings dollars in US bank account, real estate and others to be shown on the I-134 application (for spouse who is NOT working).

Any input on the above appreciated.
 
AFFIDAVIT OF SUPPORT:

Sanga:
---------
There are two forms for AFFIDAVIT OF SUPPORT: I-134 and I-864.

I feel that it should be I-864. Any idea which form 'Employment Based' applicants should fill.

Thanks.
 
Re: AFFIDAVIT OF SUPPORT:

abcd_xywz,

I am not sure what is the difference between them. May be both are valid. My lawyer asked me to fill I-134. Also, checked with my other friend who had successfully filed recently and he said they used I-134 too.

For your other question:
MINIMUM amount of savings dollars in US bank account ?

You need not to specify the savings amount at all, if you don't want to, for sponsering spouse. Just the salary will work. Never the less, if you have savings amount its better to state it. No harm what so ever in doing so.

Good Luck,
Sanga.


Originally posted by abcd_wxyz
Sanga:
---------
There are two forms for AFFIDAVIT OF SUPPORT: I-134 and I-864.

I feel that it should be I-864. Any idea which form 'Employment Based' applicants should fill.

Thanks.
Click to expand...
 
Re: Re: AFFIDAVIT OF SUPPORT:

Sanga,
I called up up my Attorney , she said I-131 will not be required for persons who are maintaining current H1 Status ( not exceeding 6 year limit)
She also said I -765 is required for spouse and not for me.
She also discouraged me to take the Medical Exams early ! Do you guys have any idea why ?

Anindya_72
 
I-140 yet to be approved

Hi folks

Here are my details:

I-140 - RD - 02/22/02 ND - 03/02/02 - yet to get I-140 approval
I-485 - RD - 09/27/02 ND - 10/6/02 - Yet to get EAD

:cool: :confused: :eek:
 
Re: Re: Re: AFFIDAVIT OF SUPPORT:

Anindya_72,

(A) I-131 (AP) is a travel document and it is only helpfull if you want to travel out side USA when H1B expires. If you have valid H1B for another year or so, you don't need AP.

(B) I-765 (EAD) is employment document. You can use it for your employment, not extending H1B further. Also usefull, if you want take another job after 180 days with out getting H1B with the new company. Other wise, if you are confident about your employment and have H1B valid until your AOS is adjusted, you don't need EAD. EAD for your spouse will help her to pursue a career w/o any hassels.

(C) Taking medical exams in advance may not have too much advantage as in many places you can get test results within a week. Only reason you should do it early is incase if it is tough to get immigration Doctor's appointment in your area and you think your lawyer is too aggressive and can't lose a weeks time in between applying for next stage. Only reason one shouldn't be taking tests early is if one's LC is rejected one will lose the money paid for tests. Test are valid for upto 6 months or one year, I guess.

Hope this helps!!
-Sanga.

Originally posted by Anindya_72
Sanga,
I called up up my Attorney , she said I-131 will not be required for persons who are maintaining current H1 Status ( not exceeding 6 year limit)
She also said I -765 is required for spouse and not for me.
She also discouraged me to take the Medical Exams early ! Do you guys have any idea why ?

Anindya_72
Click to expand...
 
Re: AFFIDAVIT OF SUPPORT:

Hi Sanga

Thanks a lot for the detailed answer. I wish the attornies learn a bit from this forum in communicating to their clients, especially to those who does not know the nitty-gritty of painful GC process that well.

Where do I go to download allthese forms -- INS website?

Cheers !

Anindya_72
 
Attention Everybody....

Hi All,
My lawyer told me yesterday that we need to keep the I-94 valid till the final approval of I485 application even if we have a valid EAD and AP. Is this information is true ?
He showed me a posting on usvisanews.com and I have the content below.
http://www.usvisanews.com/memo1878.html

Rightnow my H1 is going to expire in another 4 months from now and I am filling my I140 and I485 in a weeks time and I was thinking of using EAD to continue my employment even with my sponsoring employer and use AP for travel, as I am paying for all the Processing including my H1 and H4 renewals.

Please clarify my concern as I understand that if this is true, it will definately will have lot of issues for people whose H1B are already expired and are using EAD for their employment needs.

Thanks
Needhelp1


Adjustees Beware: Check Your I-94 Card!
By Kim King Friday, October 11, 2002


On October 7th we posted a short statement regarding the INS policy recently shared with the American Immigration Lawyers Association (AILA) that the period of authorized stay issued to individuals who enter the U.S. using advance parole will be limited to one-year. The INS has not yet offered guidance to further detail resulting questions, however we hope that some guidance will be published shortly.

Nonetheless, the IMMEDIATE and SIGNIFICANT effect of this INS policy is the limitation of a previously relied upon premise that an adjustee will have his/her lawful stay preserved throughout the pendency of his/her I-485. We remind clients and readers once again that lawful stay is directly linked to possession of a valid I-94 card or, in some circumstances, a pending application/petition filed before the applicant/beneficiary's prior I-94 card expired. However, based on the newly announced INS policy on use of advance parole, the issuance of an I-94 card WITH AN EXPIRATION DATE will determine the period of authorized stay regardless of the ongoing pendency of an I-485.
 
I don't see a problem !

needhelp1 ,

Thats a bit surprising :(

However, my understanding on following quoted message is:
Even when we use AP to travel, INS at port of entry, is going to issue a I-94 w/ an expiration date and that is what determines the period of authorized stay.

Actually this particular news from usvisanews.com website is confusing people than helping !!.

Don't worry too much about it. In this economy no company is willing to extend H1B, after one gets EAD. Every one is asking to work on EAD. I am going to do the same (when my H1B expires in July) and I am sure there are lot of folks doing the same, out there :cool:


However, based on the newly announced INS policy on use of advance parole, the issuance of an I-94 card WITH AN EXPIRATION DATE will determine the period of authorized stay regardless of the ongoing pendency of an I-485
Click to expand...
 
Thanks Sanga

Here is a strange situation for one of my friend, My friend is now working on EAD and his EAD is going to expire in a month now and his H1 is already expired. Now even if he apply for EAD renewal, it will definately takes more than One month.

Now what are his options ?
He is very :confused: :confused: :confused:

I was reading a News Brief on Murthy.com and it says one should not work after his/her EAD is expired till he/she gets the EAD renewed.
http://www.murthy.com/UDsamday.html

In such a case, I think if he had his H1 valid/renewed, then he could have used his H1 and work till he gets his EAD.

Assuming if we don't apply for H1 extension, and once we get EAD and AP after 3 or 4 months after filling them, we should again immediately apply for renewal's as it may take another 4 to 5 months to get them other wise we will have a very short time to breath.

I think a good immigration lawyer can only answer, so we should all discuss with our lawyers and see what they all say.

Needhelp1
 
I did the concurrent filing on Nov 13, still no receipt notices from the INS. Does it take this long to get the notices ? Has anyone who filed around the same time got the notices yet ?:confused:
 
Re: Thanks Sanga

Found this info on the immihelp.com: for EAD Extension..
Looks like the extension does not take much time in case he goes to the INS district office directly
Hope this helps.

Anindya_72
_______________

Extension of EAD
It is advisable to apply for your extension more than 90 days before your current EAD card expires because if an EAD extension is not approved within 90 days, it is automatically extended for 240 days, or until a decision is made, whichever comes first.

If it is not extended within 90 days, you can also go to the nearest INS district office and obtain your extension right away.

Procedure for filing the extension of EAD is same as new EAD, except that you should provide the copy of old EAD while renewing it.



Originally posted by needhelp1
Here is a strange situation for one of my friend, My friend is now working on EAD and his EAD is going to expire in a month now and his H1 is already expired. Now even if he apply for EAD renewal, it will definately takes more than One month.
Click to expand...
 
Update

Heres is my Update
I-140 /I-485 Concurrently Filed Mailed Date : Oct 1 2002
I-140 /I-485 Concurrently Filed Priority Date : Oct 23 2002.
I-140: No update
FP Notice: Oct 30 2002
FP Complete Date : Dec 2002 First week
EAD & Receipt : Nov 30 2002
Advanced Parole Approval & Receipt : Dec 5 2002
 
HI sureshais

Hi sureshais I remember you from the DOL forum.


Im glad to read that you already filed 140 and 485 and you are getting responses from INS.

My LC just got approved and now I'm planing to file currently.
Can you tell me what is needed and how long did it take you to gather all requisites.

I have a not very proactive corporate lawyer, and this forum have been much more help that what she provided me.


Thanks in advance

Vikoviko
 
Finger print notice

Hi everybody,
Does anybody know when FP letter will be sent out ? Should it be send out couple months after filing I-485? What is the exact time period? Is it possible to lose Finger Print notice on mail? Should I call in to INS Vermont to ask about this? What should I give them? My EAC number of I-485? I am getting worried!
Here is my Info:
I-140 :
RD: 06/20/02
ND: 06/21/02
AD: pending
I-485:
RD: 09/26/2002
ND: 10/8/2002
FP: Never received anything until now.
EAD : approved on 11/20/2002
AP: approved on 11/25/2002
AD: pending

Thanks alot !
 
got the answer

Just to let u guys know.

I called in Vermont Center yesterday at 4:00 p.m. The lady said that they are currently processing I-140 case with received date on June 5th, 2002.

I also asked about my finger print notice, she said it hasn't been sent out. But, it's in the query...

Just can hope for the best.
 
MM110:

That is encouraging, at least the IIO has moved from stating that they are processing Feb 25th cases to saying that they are in fact processing June 5th! Wow!!! :)

My ND for I140 is 06/08/02 but is a Lobor Sustitute so may take a bit longer, I guess!

Do you know if your I140 app is with a lobor sustitue!

Thanks!
 
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