With EB1 Pending can I file 485 myself???

S

shasta2005

Registered Users (C)
Hi,

Not sure how long it is going to take my EB1 EA is pending since Apr 06.
I dont want to loose the opportunity for concurrent filing.
Can I file 485 myself or do I need a lawyer for it?. Is it difficult??
Probably I can engage lawyer later, but dont know if my EB1 case will be approved I hope God willing.

Appreciate the response.
 
shasta2005 said:
Hi,

Not sure how long it is going to take my EB1 EA is pending since Apr 06.
I dont want to loose the opportunity for concurrent filing.
Can I file 485 myself or do I need a lawyer for it?. Is it difficult??
Probably I can engage lawyer later, but dont know if my EB1 case will be approved I hope God willing.

Appreciate the response.
Click to expand...

If you have already filed Eb1EA I-140 then you have already done hard part
I-485 is simple
little bit of reading at appropiate site (which surely include BCIS site)
documents such as :
1. USCIS Form I-485
• 2 USCIS Pictures in the envelope clipped to the upper right corner.
• USCIS check for $ XXX in the envelope clipped to the upper right corner.
2. USCIS Form I-765 (optional)
• 2 USCIS Pictures in the envelope and clipped to the upper right corner.
• USCIS check for XXX in the envelope clipped to the upper right corner.
3. USCIS Form G-325-A (all four pages).
4. Copy of I-140 filed petition for EB1EA
5. Letter from employer stating job title, dates of employment, salary and probability of future employment.
6. Copy of birth certificate.
7. Copy of marriage certificate (if applicable).
8. Copy of US Visas from Passport.
9. Copy of most recent I-94 arrival & departure record.
10. Clear Color Copy of the Picture Page in the passport and complete passport.
11. Copy of Identification proofs: Driver License, University I D.
12. Copies of all I-797 INS / BCIS / USCIS Approval Notices.
13. Copy of wavier certificate for two-year foreign residency.
14. Completed I-693 and I-693 Supplement 1 Medical Exam from USCIS Physician in Sealed Envelope.
 
Hi,

Which service center is it pending in? I have a similar situation. I spoke with my lawyer. She thinks it's a good idea to wait for the I-140 decision as if that's get denied, my I-485 gets automatically denied and that case I lose money. But if Eb1a gets retro again we can just go ahead and file I-485 immediately since you get about two weeks to do that as visa bulletins are published ~two wks before.

Good luck.

shasta2005 said:
Hi,

Not sure how long it is going to take my EB1 EA is pending since Apr 06.
I dont want to loose the opportunity for concurrent filing.
Can I file 485 myself or do I need a lawyer for it?. Is it difficult??
Probably I can engage lawyer later, but dont know if my EB1 case will be approved I hope God willing.

Appreciate the response.
Click to expand...
 
eb1a-query said:
Hi,

Which service center is it pending in? I have a similar situation. I spoke with my lawyer. She thinks it's a good idea to wait for the I-140 decision as if that's get denied, my I-485 gets automatically denied and that case I lose money. But if Eb1a gets retro again we can just go ahead and file I-485 immediately since you get about two weeks to do that as visa bulletins are published ~two wks before.

Good luck.
Click to expand...

I beleive in retro scenerio TIME is money!!
go for it even if u are 40-60 % confident of ur case!!!
 
eb1doc said:
I beleive in retro scenerio TIME is money!!
go for it even if u are 40-60 % confident of ur case!!!
Click to expand...

I agree with eb1doc. I think you could save time with name/background check also. Because, those checking processes could start just after 2-3 weeks from filing I-485, irrespective of I140 status (approved or under processing).
 
Thanks eb1doc, prc06 for your valuable advices.

I guess my confidence level is 50%, as I don't have any scholarly publications. I filed my case soley based on couple of research Patents which got approved by US Patent office.
I got 9 Reco letters including mostly from top professionals working with different companies and the Dean, Head and professors of my Masters Deptartment at the University who themselves are researchers and well versed in the field I filed the patents.
I just satisfy 3 of the 10 criteria for EB1A.

Given the fact my case is at NSC. What do you guys feel?

Also in the checklist for 485 EB1Doc:
1) What do you mean by point 13?
2) For adding my wife to 485 just marriage certificate is fine? She is out of country now and do I require her presence just for filing 485.
3) In case of RFEs I believe USCIS sends to my home address instead of lawyer?

Thanks a million again.
Appreciate your responses
 
I think #13 is required only if you are on J1 visa. It's not necessary for H1 or student visa. I also agree with eb1doc and PRC06. My petition was filed on June 12. I was hoping I would hear something in Sept. If not, may be I should just file I-485. I satisfied 5 criteria and I have 15 publications (several with I. F >7 and one with 20)and ~120 citations. I submitted 12 strong letters. Still I do not have any confidence on NSC, if it was in TSC I would have been fairly confident......
 
shasta,

was your EB1a filed at NSC or it was tranferred from another center? Did you have any LUDs? If yours still pending, I don't have any hope to hear anything from NSC this yr...:(
 
eb1doc said:
If you have already filed Eb1EA I-140 then you have already done hard part
I-485 is simple
little bit of reading at appropiate site (which surely include BCIS site)
documents such as :
1. USCIS Form I-485
• 2 USCIS Pictures in the envelope clipped to the upper right corner.
• USCIS check for $ XXX in the envelope clipped to the upper right corner.
2. USCIS Form I-765 (optional)
• 2 USCIS Pictures in the envelope and clipped to the upper right corner.
• USCIS check for XXX in the envelope clipped to the upper right corner.
3. USCIS Form G-325-A (all four pages).
4. Copy of I-140 filed petition for EB1EA
5. Letter from employer stating job title, dates of employment, salary and probability of future employment.
6. Copy of birth certificate.
7. Copy of marriage certificate (if applicable).
8. Copy of US Visas from Passport.
9. Copy of most recent I-94 arrival & departure record.
10. Clear Color Copy of the Picture Page in the passport and complete passport.
11. Copy of Identification proofs: Driver License, University I D.
12. Copies of all I-797 INS / BCIS / USCIS Approval Notices.
13. Copy of wavier certificate for two-year foreign residency.
14. Completed I-693 and I-693 Supplement 1 Medical Exam from USCIS Physician in Sealed Envelope.
Click to expand...

A few corrections/additional suggestions:

- You may also include Form I-131 (Advance Parole) if you want to be able to travel while your I-485 is pending
- Item 4 - you don't have to send a copy of your entire petition - just a copy of filing receipt notice for your I-140, as a proof that you have an I-140 EB-1 EA pending with USCIS
- Item 6 - copy of birth certificate - it has to be certified by a translator and notarized - more details at http://www.uscis.gov/graphics/fieldoffices/scnational/index.htm
- Item 10 - go ahead and send them ENLARGED color copy of the passport biographic/picture page - that way you'll for certain avoid getting RFE asking for it
- You might want to write a cover letter for your I-485 application - something that simply lists the contents of the package.

It's also a good idea to look through official instructions for filing I-485 at http://www.uscis.gov/graphics/formsfee/forms/i-485.htm and http://www.uscis.gov/graphics/formsfee/forms/files/i-485.pdf.

Good luck!
 
Last edited by a moderator:
shasta2005 said:
3) In case of RFEs I believe USCIS sends to my home address instead of lawyer?
Click to expand...

USCIS will send RFEs for your I-485 case to whatever address you list on your I-485 application :)

As for your original question, whether to go ahead and file I-485 - I'd say, GO FOR IT, after having done adequate research and preparation (especially considering the recent rumor that concurrent filing might get abolished at some point in the future). That is, if you don't mind risking losing I-485 filing money in case your I-140 is denied and if you plan to maintain your nonimmigrant status in the meantime (important!).
 
civ2ru said:
A few corrections/additional suggestions:

- You may also include Form I-131 (Advance Parole) if you want to be able to travel while your I-485 is pending
- Item 4 - you don't have to send a copy of your entire petition - just a copy of filing receipt notice for your I-140, as a proof that you have an I-140 EB-1 EA pending with USCIS
- Item 6 - copy of birth certificate - it has to be certified by a translator and notarized - more details at http://www.uscis.gov/graphics/fieldoffices/scnational/index.htm
- Item 10 - go ahead and send them ENLARGED color copy of the passport biographic/picture page - that way you'll for certain avoid getting RFE asking for it
- You might want to write a cover letter for your I-485 application - something that simply lists the contents of the package.

It's also a good idea to look through official instructions for filing I-485 at http://www.uscis.gov/graphics/formsfee/forms/i-485.htm and http://www.uscis.gov/graphics/formsfee/forms/files/i-485.pdf.

Good luck!
Click to expand...

Also I think that including a brief summary of visa status and employment history since you first entered US is important. You have to show that you have not violated any immigration laws (overstay, work without authorization etc...). That the one thing USCIS looks for during I-485 stage.
 
Few more questions.
1) My wife is out of country, I guess I have to submit her Medical too.
Can I just file with my medical and later after 2 months submit hers too or is it better to submit both of ours together?

Civ2,
I thouht you get EAD after 6months of 485 looks like you got earlier? Can I apply for EAD right away with my 485?

For AP i guess no harm apply for it but I can still use my H-1 right, or once my AP gets approved I have to use AP?
 
Few more questions.
1) My wife is out of country, I guess I have to submit her Medical too.
Can I just file with my medical and later after 2 months submit hers too or is it better to submit both of ours together?

u can submit her later also!

Civ2,
I thouht you get EAD after 6months of 485 looks like you got earlier? Can I apply for EAD right away with my 485?

Yup!! u can apply along with I-485

For AP i guess no harm apply for it but I can still use my H-1 right, or once my AP gets approved I have to use AP?


Nope U can use H1...AP is preferred but u can use H1b
 
leviathan said:
Also I think that including a brief summary of visa status and employment history since you first entered US is important. You have to show that you have not violated any immigration laws (overstay, work without authorization etc...). That the one thing USCIS looks for during I-485 stage.
Click to expand...

if this suggestion goes for EVL then i beg to differ !!
You don't want to invite question by puttin info which they don't ask in EVL letter!!
you have to submit all this information and VISA documents in I-485 form and enclosure anyway!!!
 
shasta2005 said:
EB1Doc,

So you get EAD only after 6 months of applying?

Thanks a mil.
Click to expand...

Once you file EAD application with I-485
you will get EAD within limkts of center dates

No 6 months rule ever existed !!
 
shasta2005 said:
EB1Doc,

So you get EAD only after 6 months of applying?

Thanks a mil.
Click to expand...

But then, if you plan to maintain your H1 status during AOS process, you don't want to be using EAD after your get it (except in emergency). Because, while there are still debates whether using AP invalidates H1 status, it's absolutely certain that using EAD would invalidate your H1 status.
 
do i need to prepare seperate packets for EAD, AP & 485 even though i am filing together??

i mean do i have to send copies of passport, I-140 notice, birth certificate.....with each applications???..............or can i just send one set of all documents and three applications???........

has anyone done concurrent 485, EAD and AP recently??...did you prepare seperate or just one set of documents??
 
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