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  #1 (permalink)  
Old 01-13-2012, 09:43 PM
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Default Self filed 485 Approved - Steps for filing...

Just wanted to share the good news...my 485 was approved on 01/12/2012 exactly 4 months after filing. No RFE!

There is a ton of information on how to self file 485 with approved 140 but I still had to spend quite a lot of time in figuring out the details, so I am sharing the following information that worked for me without any RFE.

Situation:
I was employed with the sponsor initially but was NOT employed with the sponsor at the time of filing of 485.
  1. Documents Needed - These are the documents that I included.
    1. Cover Letter - Very basic. Only a couple of lines stating "Based on on the attached documents, please approve my application."
    2. Birth Certificate - Ours were made recently and I was concerned that we might get an RFE for affidavits since they were not made at the time of birth. Fortunately, we didn't.
    3. Birth Certificate Translation - Mine was in native language. So I just typed a document in the exact same format with English words instead of native. Got a friend to sign it in front of a notary. Nothing fancy.
    4. Job Offer Letter - There are several formats floating around. I changed it a little bit to suit my situation and as per the job requirements specified in the Labor certification. The key is to mention that the offer is full time and permanent and is as per the terms mentioned in the Labor cert.
    5. Labor Certification Approval - Mine was an old labor certification filed before Perm process started. So I was not sure if they would be able to cross check the requirements in the Labor with the Job offer letter. So I included a copy of the perm approval as well.
    6. Most Recent H1B Approvals - To prove that I have been in status since my last entry into US on H1B. I included 2 H1B approvals - the most recent one with my current employer and the one from my sponsor employer.
    7. Most Recent I-94 - My last entry was a week before I filed 485, so I just included that new I94.
    8. Recent LCA - Since the location of my H1B sponsor was not same as my current work location, I included the LCA that proved that I my employment in this location was authorized. I did this because I was concerned about the RFE that many people have reported getting about the exact same issue.
    9. Explanation of the current situation Letter - Since I was not employed with the sponsor, I included a one page letter that basically states that even though I do not work for this employer right now but I intend to work for them after getting the GC.
  2. Packaging Instructions - (For Self and Spouse)

    1. One big envelop addressed to the service center. Contained 2 smaller envelops.
    2. Two smaller envelops - one for self and one for spouse - On envelops, "I 485 Original Submission - Primary Applicant " and "I 485 Original Submission - Dependent Applicant " was written in big bold letters.
    3. Inside each smaller envelop: Three separate bunch of documents. One bunch for 485, one for AP, and one for EAD. Each bunch joined using a black paper clip.
    4. For each bunch:
    Two photos stuck under the paper clip on top of the cover letter. So as soon as you pick the bunch, you see the photos.
    Cover letter (i.e. one cover letter each for 485, AP, and EAD: Very basic, one liner. The cover letter for AP also contained a line about why I need the AP.)
    The actual application.
    A Page containing a List of Documents.
    For EAD and AP, the number of documents attached were only a couple. The biographic page of the PP and I 94.

Organization of Documents for 485: The 485 filing instructions specify only a few documents, but as I mentioned above I had several more documents. So here is how I organized my bunch of papers for 485:

1. Fees check stuck under the paper clip on the top.
2. Cover Letter.
3. 485 Application
4. A Page Titled : "List of Documents as Primary Evidence" and the bullet list of documents that will follow. (No page numbers.)
4.1 Medical Test envelop stuck under the paper clip at this location.
Actual documents follow - Birth Certificate, Translation, 140 Approval Notice, Job Offer letter.
5. A page titled : "List of Documents for establishing Lawful Presence and Lawful Employment" and the bullet list of documents that will follow.
(Actual Documents follow - I-94, H1 approval notices, LCA notices, past three months salary slips, Perm Approval Notice.)


Documents that I DID NOT submit:
1. Affidavits for date of births.
2. Old H1B approvals.
3. Tax returns
4. W2s.

Important Tip: I think it is important to show that you have been lawfully present and lawfully employed since your most recent entry on H1B. (Entry on AP doesn't count). So, several people whose work location was different from H1B sponsor employee, have received an RFE. My situation was same so I included LCA along with the H1B that proves that my employment at this location was lawful. The salary slips prove that you are being paid as per the LCA.

That's it. Organizing all the documents and making a package is very tiring. I hope the above above pointers will be helpful to somebody in making the package.

Good luck to you all!
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  #2 (permalink)  
Old 01-13-2012, 10:03 PM
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Congrats and thank you for the post.
Please also add to IV wiki to help others fie I485 themselves.
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  #3 (permalink)  
Old 01-14-2012, 12:02 AM
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Old 01-14-2012, 12:53 AM
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congrats and a great post!
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Old 01-14-2012, 01:49 PM
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Default Congratulations

The best thing you can do to help others is by sharing your experiences. This post is one perfect example. Thanks a lot for the post, I am sure it will help a lot of people.

Cheers!
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  #6 (permalink)  
Old 01-14-2012, 02:35 PM
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Congratulations !!! Happy to see an EB3 approval after several years

Question, Since you left the GC sponsoring employer, are you employed with someone else? you didn't need to include employer verification letter ?

-----Explanation of the current situation Letter - Since I was not employed with the sponsor, I included a one page letter that basically states that even though I do not work for this employer right now but I intend to work for them after getting the GC.
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  #7 (permalink)  
Old 01-14-2012, 03:43 PM
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Quote:
Originally Posted by Amman View Post
Congratulations !!! Happy to see an EB3 approval after several years

Question, Since you left the GC sponsoring employer, are you employed with someone else? you didn't need to include employer verification letter ?

-----Explanation of the current situation Letter - Since I was not employed with the sponsor, I included a one page letter that basically states that even though I do not work for this employer right now but I intend to work for them after getting the GC.
Yes, I was employed with someone else at the moment I filed 485 (and still am employed with someone else).

You mean "Employment Letter"? Yes, I included it. I have mentioned it in Item no. 4 under "Job Offer Letter" because that is what it really is. The GC sponsor is willing to offer me the job after 485 is approved.

The "Explanation of the current situation Letter" is in addition to that. I included it because I felt it necessary to explain that even though I am not currently employed with the sponsor, I intend to join them after 485 is approved.

Thanks every one!
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  #8 (permalink)  
Old 01-14-2012, 03:57 PM
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I got a couple of PMs about my filing so I just wanted to clarify it here:

I am among the PWMBs and I filed 485 only 4 months ago based on old Labor (approved in 2002)+old 140 (approved in 2006) and a new/recent job offer letter (which they sent to me at the time of filing 485) from the same employer who filed the labor and 140. Since GC is for future employment, I did not have to be working for them at the time of filing 485 ( I did work for them for long time earlier). I will switch back to them now.

This is perfectly valid situation and a perfectly valid course of action.
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  #9 (permalink)  
Old 01-14-2012, 04:50 PM
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Is it a must to have employer letter also in the application package stating that the job offer is still there and you will be paid $x upon approval.

What are others doing. How important is the employer letter, please share.
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  #10 (permalink)  
Old 01-14-2012, 05:03 PM
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Quote:
Originally Posted by sri1309 View Post
Is it a must to have employer letter also in the application package stating that the job offer is still there and you will be paid $x upon approval.

What are others doing. How important is the employer letter, please share.
Hello,
The name of the document is "Employment Letter" and it basically contains an offer for the job for which the employer filed the labor and 140.

This letter is a MUST. It MUST be submitted in original. If you look at 485 filing instructions published by USCIS, this is mentioned in the list of "Initial Evidence". So without this letter, they will most certainly deny the application. Just like they would without the birth certificate or medical or any other document mentioned in the "Initial Evidence".

I am not sure why, out of so many other complicated things, there is confusion about this letter. This is probably be the most straight forward of all the requirements. 485 without this letter doesn't make any sense because after all we are filing 485 on the basis of future employment, so we need to show that the job still exists and is being offered to us!

HTH,
Paul.
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Old 01-15-2012, 10:10 AM
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Quote:
Originally Posted by a_paul1 View Post
Hello,
The name of the document is "Employment Letter" and it basically contains an offer for the job for which the employer filed the labor and 140.

This letter is a MUST. It MUST be submitted in original. If you look at 485 filing instructions published by USCIS, this is mentioned in the list of "Initial Evidence". So without this letter, they will most certainly deny the application. Just like they would without the birth certificate or medical or any other document mentioned in the "Initial Evidence".

I am not sure why, out of so many other complicated things, there is confusion about this letter. This is probably be the most straight forward of all the requirements. 485 without this letter doesn't make any sense because after all we are filing 485 on the basis of future employment, so we need to show that the job still exists and is being offered to us!

HTH,
Paul.
Thanks a lot.
one more question.
What if the job is not there on the day of gc approval.
Will the gc still be valid.
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  #12 (permalink)  
Old 01-15-2012, 10:21 AM
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Quote:
Originally Posted by sri1309 View Post
Thanks a lot.
one more question.
What if the job is not there on the day of gc approval.
Will the gc still be valid.
I don't know for sure but this is my guess:

If 6 months have passed after filing 485, then AC21 applies and you can have a similar job with any other company.

If not, I am not sure what the law says. The employment letter says that the job will be there one 485 is approved, but what if the company burns down 2 months later? What if the CEO dies, or what if there is a family emergency and you have to go back to India for a couple of months and by that time they hire some else?

These are the complications on which the lawyers make money, which I believe is fair. So if you are in this kind of situation, only a seasoned attorney can help.
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  #13 (permalink)  
Old 01-15-2012, 12:33 PM
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Quote:
Originally Posted by a_paul1 View Post
I don't know for sure but this is my guess:

If 6 months have passed after filing 485, then AC21 applies and you can have a similar job with any other company.

If not, I am not sure what the law says. The employment letter says that the job will be there one 485 is approved, but what if the company burns down 2 months later? What if the CEO dies, or what if there is a family emergency and you have to go back to India for a couple of months and by that time they hire some else?

These are the complications on which the lawyers make money, which I believe is fair. So if you are in this kind of situation, only a seasoned attorney can help.
Thanks for info.
As you said, many things can change with the company and it may not be sometimes possible to work for the employer after approval. And thats what AC21 allows us to be safe in case things are not as expected at a later point.

I really appreciate your initiative in trying to help others, even after you are done with your case. I request others also to do the same and share your experiences so that others can benefit. Lets not forget what we went thru, and always try to contribute with ideas, monetory contributions (even if its $1,yet do it even though you may not be as desperate now). We must support IV as thats our single source of information and it must be in good share always.
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  #14 (permalink)  
Old 01-21-2012, 05:03 AM
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Question Self-filing I-485 for spouse

apaul_1

Congratulations !

My company lawyer is filing my I-485, I-765 and I-131 but for my spouse I'm planning to file myself due to steep fees. I have following questions/clarification on I-485 form. Appreciate your help !

Part 1 : Current USCIS status. Should I just write the name of the visa category e.g. H-4. Should be H-4 because that is what is written in I-94.
Part 1 : US Social Security#. Should I write ITIN instead of SSN (spouse doesn't have one) or leave blank. Should be left blank but some people have stated otherwise.

Part2 : Application Type. It should be (b) for spouse of principal applicant(based on I-140). Correct?

Part 3A: In what status did you last enter? DEPENDENT SPOUSE OF A TEMPORARY WORKER(H4. Right answer ?
Part 3B: Applying with you ? Can I answer yes even if applications are going in different packets. Lawyer versus self-application.

Also besides DoB, marriage certificate copies what other docs need to be submitted for dependent application.

Thanks,
shouldIwait
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Old 01-21-2012, 12:16 PM
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Exclamation Help !

Anyone?
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