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bijualex29
06-22-2007, 08:53 AM
I-485 can be rejected if filed with incomplete initial evidence.

Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.

It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

desi3933
06-22-2007, 09:23 AM
I-485 can be rejected if filed with incomplete initial evidence.

Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.

It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA

Not a legal advice
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Permanent Resident since May 2002

akhilmahajan
06-22-2007, 09:24 AM
I-485 can be rejected if filed with incomplete initial evidence.

Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word “Sorry”.

It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.

Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.

I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............

eb3_nepa
06-22-2007, 10:16 AM
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA

Not a legal advice
----------------------------------
Permanent Resident since May 2002

When you say

Proof that person is maintaining valid status in USA since last entry in USA

What documents prove that exactly?

mrsr
06-22-2007, 10:28 AM
also include

photos
birth cert and
cheques

Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA

Not a legal advice
----------------------------------
Permanent Resident since May 2002

kiwi
06-22-2007, 10:32 AM
This is from my attorney:

All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;

I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.

desi3933
06-22-2007, 10:59 AM
This is from my attorney:

All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;

I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.

It is the last entry not the first entry.

It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).

If your attorney does not understand 245(k), may be you should consider getting second opinion.

Section 245(k) applies for ALL employment based I-485s.

Not a legal advice
----------------------------------
Permanent Resident since May 2002