Question about I485, please help

W

waitfor140

Registered Users (C)
I filed I140 and I am still waiting for the result. My current status is H1. I got several questions, please help. Thanks.

1. My wift is in F1 and her OPT will expire in Nov. this year. Could she change her status to H4. Any impact on my I140(and later I485) application.

2. My first 3 year H1 will expire in Sept. 2003. Can I extend my H1B while my I485 (including AP, EAD application) is in process? I confused because it seems that both H1 and EAD give you permission to work in US.

3. When I submit I485, can I just put all document (I485, I131, I765 etc. ) for all family member in one envelop?
 
Hi waitfor140:

1. My wife is in F1 and her OPT will expire in Nov. this year. Could she change her status to H4. Any impact on my I140(and later I485) application.

Yes, of course she can change her status to H-4. That would have no impact on your I-140 or I-485.

2. My first 3 year H1 will expire in Sept. 2003. Can I extend my H1B while my I485 (including AP, EAD application) is in process? I confused because it seems that both H1 and EAD give you permission to work in US.

Yes, you can extend your H-1 even after you have filed for your 485. Yes, both the H-1 and EAD allow you to work in the US. And you can apply for and possess an EAD even when you're working on an H-1.

3. When I submit I485, can I just put all document (I485, I131, I765 etc. ) for all family member in one envelop?

Now with the new INS regulation that's in effect since July 31, 2002, you could concurrently apply for your I-140 and I-485, i.e., you don't have to wait for your I-140 to be approved before you apply for your 485. Since you've already applied for your 140, you should take advantage of this new regulation and apply for your 485 as soon as possible. And, yes you can include the applications for all your immediate family (spouse & kids) in the same envelope.

Hope that answers all your questions.
 
I think the new regulation ( cucurrent filing of I-140/485 ) is just for comment now. I don't know if it's effective immediately...I don't think so. But mavishka sounded like a lawyer so I could be wrong.
 
effective immediately

The concurrent filing is effective immediately. It is an interim rule with 60-day comment period and still needs the receipt number from I-140 to file I-485 but it is 100% effective immediately
 
My two cents:

1. Concurrent I140 and I485 are effective immdiately.

2. However.. changing from F1 to H4: I am concerned about a recent regulation issued by INS ( in response to 911 and that most were on F1 here) regarding F1. If one changes status from F1 to any other category.. they will have to goto their home country to get stamped( or to apply .. something like that). I don't remember exact regulation.. or if it applies only to mid-east.. but seems you might want to get full details. Though I haven't seen any issues lately.. so maybe INS forgot about this ruling .


Gurus.. can someone throw some light if that regulation was for reverse ( I mean from other categories to F1?)
 
Last edited by a moderator:
Originally posted by Jan485
I think the new regulation ( cucurrent filing of I-140/485 ) is just for comment now. I don't know if it's effective immediately...I don't think so. But mavishka sounded like a lawyer so I could be wrong.
Click to expand...

Jan485:

Well, I'm not a lawyer, but the new regulation is already in effect as per Shusterman.com and Murthy.com. The comment phase in on but INS is entertaining such concurrent filings as per those 'lawyer' sites.
 
super2066 - Tulane

super2066 - you're the 2nd person to ask me that. I attended Tulane for 1 semester in 1993 and transferred to U. of Rochester. Do I know you?
 
Originally posted by Vivekm
My two cents:

1. Concurrent I140 and I485 are effective immdiately.

2. However.. changing from F1 to H4: I am concerned about a recent regulation issued by INS ( in response to 911 and that most were on F1 here) regarding F1. If one changes status from F1 to any other category.. they will have to goto their home country to get stamped( or to apply .. something like that). I don't remember exact regulation.. or if it applies only to mid-east.. but seems you might want to get full details. Though I haven't seen any issues lately.. so maybe INS forgot about this ruling .


Gurus.. can someone throw some light if that regulation was for reverse ( I mean from other categories to F1?)
Click to expand...

In my opinion, they would run background checks on you before they grant you the new visa status (whether it's from XXX to F-1 or from F-1 to XXX). And I guess now they're more strict about you not actually joining school till your F-1 comes through. I think F-1 to H-4 shouldn't be a problem at all because there's nothing to return to for an H-4 person, i.e., job or school. Anyway, those are my 2¢.
 
thanks, mavishka and all guys here.

In this case, I could submit all documents in one envelop and just write one check for the total application fee. Is this right??

Thanks again
 
checks must be separated for each person, each application

don't you ever write one check for those bureaucrats, one check for each person for each case (485, EAD, FPrint...). Ask lawyers or check INS website if u don't believe me.
 
Consider I140/I485 concurrent file

Hi, guys, thanks for your help.

I am still waiting for my I140 and I am considering to file I485 (at least prepare all needed documents). I got several questions.

1. Should I submit the medical report with I485 or just submit I485 first and then INS will mail the medical form to me to perform the examination. If i need to submit the medical report with I485, where I can get the medical form and find the medical site for the examination.

2. As my understanding, each family member should file a separate I485, is this right.

3. On the I485 form, what is the meaning of "were you inspected by a U.S immigration officer"?

Thanks in advance
 
485-related questions

I have some 485 filing questions too:

1. can I get a non-INS appointed physician to do the medical inspection (i just did an inspection recently for something else) and then ask an INS-appointed physician to sign the form?

2. Is the $255 fee for 485 for one person or a family?

Thx in advance for your help.
 
Medical report with I485

Hi waitfor140,

1. Should I submit the medical report with I485 or just submit I485 first and then INS will mail the medical form to me to perform the examination. If i need to submit the medical report with I485, where I can get the medical form and find the medical site for the examination.

-- You'll get a list of INS approved doctors on the INS web site. Contact your nearest INS approved doctor, he'll give you the form.

2. As my understanding, each family member should file a separate I485, is this right.

-- Yes.

3. On the I485 form, what is the meaning of "were you inspected by a U.S immigration officer"?

-- It meant, at the port of entry.
 
One more thing

Waitfor140,

It is better you submit the medical reports along with 485.
 
thanks

Thank you.

So the answer is yes or no for this question? does that means that every one is inspected by immigration officer at the port of entry?
 
You must log in or register to reply here.
Top