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Which box to check on form I-485?

marvadur

Registered Users (C)
On form I-485, Part 2. Application type (check one). I am applying for an adjustment to permanent resident because:

WHICH ONE SHOULD DV WINNERS CHECK?

a. an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved)

OR

h. Other basis of eligibility. Explain. (If additional space is needed, use a separate piece of paper.): _____________________________________


I would say DV winners should check letter h since we do not have any one of the docs. listed on letter a. And on the space available write something like: I am a DV-2006 winner, case number 2006EU93XX.

Does anybody else agree with me or have a different understanding? Please let me know what you think.

marvadur
 
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Hi Marvadur,

when I talked to my lawyer back in July, I asked him exactly the same question and he showed me the manual that they have with instructions how to fill out different forms. For this question it said that for us we have to check an h and write something like you suggested (I dont remember exact phrase written in the manual, but it was something very similar)
 
Thanks.

Thanks vk96!

I also think that one should explain a little why he/she is eligible to adjust status in the U.S. So, in my case, I would add something like that: winner of the DV-2006 and currently holder of an H-1B visa.
 
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Question to marvadur

Hi!
As a H1B holder, do you apply for Advanced parol (for travel) and do you have a H4 holder who applies for a work autorization?
Do you have an idea how long does it takes? Who is working on those permits, the local USCIS?

Thanks a lot!
 
H box to be checked.

In my papers I checked h box stating that I am DV Lottery 2006 winner and mentioning my case number. For my family members I mentioned that they are derivatives of the DV Lottery 2006 winner and stated my case number as well. Our lawyer looked through the papers before submision and said that it was perfectly fine to answer so.
 
Do not waste your $$$ and time...

zaryun said:
Hi!
As a H1B holder, do you apply for Advanced parol (for travel) and do you have a H4 holder who applies for a work autorization?
Do you have an idea how long does it takes? Who is working on those permits, the local USCIS?

Thanks a lot!


Zaryun,

read what LucyMo wrote in another thread (I agree with her):

29th November 2005, 05:09 PM
LucyMO
Registered User Join Date: Jun 2004
Posts: 1,683

don't spend your money on advance parole (form I-131). You will not have time to use it. The same probably goes for work permit. By the time you may get your waiver (a couple of months), then you send your AOS docs, then it takes about 2-3 months to get EAD - you may have your AOS interview by then...


P.S. LucyMo, I hope you don't mind my quoting you here. :o
 
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Doing the same

DV2006Europe said:
In my papers I checked h box stating that I am DV Lottery 2006 winner and mentioning my case number. For my family members I mentioned that they are derivatives of the DV Lottery 2006 winner and stated my case number as well. Our lawyer looked through the papers before submision and said that it was perfectly fine to answer so.


DV2006Europe,

I am doing the same. Btw, when did your number become current? Mine didn’t yet. Did you wait until it got current or apply in advance?

Marvadur
 
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October

My number became current in October. But i had my case delayed. On Octrober 26, 2005 the USCIS increased fees for I-485 and EAD applications.
We submited our package in the very beginning of October but included already increased fees (as our lawyer instructed us (bastard...)). Our applications came back in about two weeks awith a notice, asking to resubmit them with fees currently in effect. So at the end of October we sent it back to Chicago, got receipt number and now we are waiting for the fingerprints date and time.
 
DV2006Europe said:
My number became current in October. But i had my case delayed. On Octrober 26, 2005 the USCIS increased fees for I-485 and EAD applications.
We submited our package in the very beginning of October but included already increased fees (as our lawyer instructed us (bastard...)). Our applications came back in about two weeks awith a notice, asking to resubmit them with fees currently in effect. So at the end of October we sent it back to Chicago, got receipt number and now we are waiting for the fingerprints date and time.


Well, at least the mistake happened in the very beginning of the fiscal year. You'll have plenty of time to complete the whole process :D
 
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