questions on I-485

M

Matzger

Registered Users (C)
I am going to file I-485. I would appreciate it if anyone can answer the following questions for me. Thanks a million.

Questions on I-485 filing:

(1) My recently approved I-140 is EB11 (Alien of Extraordinary Ability) which does not require employer sponsorship. I even do not use anything from my employer for my I-140 petition. Do I need to include an employment letter in my I-485 petition materials?

(2) Do I need to include tax return forms in my petition materials?

(3) I came to the US as a J1 researcher, and then got a waiver, and switched to H1 status in the US. So the only visa stamp in my passport is J1. In I-485, part III, “Nonimigrant visa number,” do I need to put the J1 visa number?

(4) If I have a EAD, then I am laid off, can I stay in the US without a job?
 
Matzger said:
I am going to file I-485. I would appreciate it if anyone can answer the following questions for me. Thanks a million.

Questions on I-485 filing:

(1) My recently approved I-140 is EB11 (Alien of Extraordinary Ability) which does not require employer sponsorship. I even do not use anything from my employer for my I-140 petition. Do I need to include an employment letter in my I-485 petition materials?

(2) Do I need to include tax return forms in my petition materials?

(3) I came to the US as a J1 researcher, and then got a waiver, and switched to H1 status in the US. So the only visa stamp in my passport is J1. In I-485, part III, “Nonimigrant visa number,” do I need to put the J1 visa number?

(4) If I have a EAD, then I am laid off, can I stay in the US without a job?
Click to expand...

I also got my 140/485 in the EB1-EA category, so here is what I know:

1) You obviously self-petitioned, so you do not need a letter from an employer. BUT, a convincing letter from your employer that amplifies all the qualifications set forth in your 140 would not hurt.

2) As far as I know, submitting recent tax returns is most useful if you are sponsoring a derivative applicant, like a spouse. I submitted my last three tax returns (as I was claiming to support my spouse) but they also prove that you are not a public charge, and are (hopefully) commanding a high-salary for your "Extraordinary Abilities"

3) Don't know

4) The problem here is that if you don't have a job then it can call into question just how 'extraordinary' your abilities are. In theory, you are one of a few percent of people who have reached the top of their profession, and therefore should not be unemployed. You might be between jobs, or can prove that you have enough finances to not become a public charge, but you should really be able to prove gainful employment (self-employed, or not) to legitimize the "EA" claim.

Hope this helps.
 
One more question

Thank you for your advice.

I have two more questions. Do I need to include a finger print fee when I file 485?
Also, for my question 3, how do you deal with that item?

Thank you again.


wik said:
I also got my 140/485 in the EB1-EA category, so here is what I know:

1) You obviously self-petitioned, so you do not need a letter from an employer. BUT, a convincing letter from your employer that amplifies all the qualifications set forth in your 140 would not hurt.

2) As far as I know, submitting recent tax returns is most useful if you are sponsoring a derivative applicant, like a spouse. I submitted my last three tax returns (as I was claiming to support my spouse) but they also prove that you are not a public charge, and are (hopefully) commanding a high-salary for your "Extraordinary Abilities"

3) Don't know

4) The problem here is that if you don't have a job then it can call into question just how 'extraordinary' your abilities are. In theory, you are one of a few percent of people who have reached the top of their profession, and therefore should not be unemployed. You might be between jobs, or can prove that you have enough finances to not become a public charge, but you should really be able to prove gainful employment (self-employed, or not) to legitimize the "EA" claim.

Hope this helps.
Click to expand...
 
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