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Attorney_19

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About Attorney_19

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  1. If an I-485 applicant's filing fee check has been cashed, that is a good indication that the I-485 application is in process.
  2. The employment-based I-485 application is sent to the USCIS Lockbox. People at the lockbox process the application, assign a number, and cash the check. Then the I-485 application package is forwarded to the respective USCIS Service Center that will review and adjudicate the case.
  3. Attorney_19

    EB3 to EB2 porting during 485

    If the I-140 approval notice for EB2 was provided at the time the I-485 was filed, then USCIS has made an error in the preference category. One should call the USCIS National Customer Service Number to ask for a correction. Follow up can also be made via email (once a service request has been made) to verify the correct preference category.
  4. Attorney_19

    1-140 approved. Can I get EAD for wife

    The derivative spouse may file the I-485 at a later date as long as the priority date is current at time of I-485 filing. One is required to be physically present in the US and maintaining status at the time of filing the I-485 application.
  5. Attorney_19

    EAD

    As for the question about traveling: Generally an I-485 applicant can travel only after the Advance Parole document is issued. If one travels before the Advance Parole is approved, the I-485 application is deemed abandoned. There is an exception to this general rule about travel while the I-485 is pending. The exception allows I-485 applicants who are maintaining H or L status to travel on the H1B, H4, L1, L2 visa and return to the United States without need of an Advance Parole.
  6. Attorney_19

    EAD

    In order to file the I-485, one must be physically present in the United States and maintaining valid nonimmigrant status. The derivative spouse can file an I-485 application is s/he is in valid nonimmigrant status (e.g. H4, H1B, L1A, L1B, L2, F1). It is not required that the spouse be in H4 status only to file as a derivative spouse. The derivative spouse can file the I-485 even if s/he has her own H1B or L1.
  7. Attorney_19

    PD is current - EAD for wife?

    To get an EAD, one should file Form I-765 application for employment authorization. The Form I-765 can be filed concurrently with the Form I-485 application to adjust status. The primary applicant (i.e. I-140 beneficiary) and his/her spouse each should file a separate Form I-485 and Form I-765. The derivative spouse's I-485 will be based on the I-140 petition of the primary applicant.
  8. Attorney_19

    Starting GC processing

    If the employer is willing to sponsor a foreign national for a green card, that is generally a positive thing. The sooner one starts the green card process, the better. One's place in the line/queue for a green card starts with the filing of the application for PERM labor certification (LC), i.e. that is the applicant's "priority date." The fact that one is unmarried at the time that the green card process is initiated is not a negative thing. The spouse joins the green card process at the final stage, i.e. the filing of the I-485 application. Depending on one's priority date, country of birth, and preference category, the filing of the I-485 application could be years away.
  9. Attorney_19

    I 485 documents issue

    If there is any discrepancy in the name on the birth certificate, if both parents' names do not appear in full, if the birth is registered more than one year after the birth, or any other pertinent information is missing from the birth certificate, then it is necessary to provide TWO (not one) affidavits of birth. In addition to the two birth affidavits, the I-485 applicant should also provide secondary evidence of birth (e.g. school record, hospital record, religious record).
  10. Attorney_19

    I-485 medical examination

    Please note that if there is any discrepancy in the name on the birth certificate, if both parents' names do not appear in full, if the birth is registered more than one year after the birth, or any other pertinent information is missing from the birth certificate, then it is necessary to provide TWO (not one) affidavits of birth. In addition to the two birth affidavits, the I-485 applicant should also provide secondary evidence of birth (e.g. school record, hospital record, religious record).
  11. The I-485 applicant should call the USCIS National Customer Service Center 1-800 number to report the error with the date listed for priority date. The applicant should ask for the correct priority date to be updated in the system and for confirmation of such. It may require an email be sent to the USCIS Service Center handling the I-485. The email should include proof of the priority date (i.e. the I-140 approval notice).
  12. When filing for the I-751, one can state the name that she wants to appear on the new green card (i.e. the maiden name). The I-751 should include a copy of the original conditional green card as well as the divorce decree. The divorce decree from the judge will serve as court evidence of a name change sufficient to get a green card in the maiden name. The I-751 must also include proof of a bona fide marriage relationship prior to the disolution of the marriage.
  13. Attorney_19

    I-751 Questions

    The I-751 is a JOINT petition for removal of conditions. The point of the I-751 is to prove that the marriage remains valid and thus both the husband and wife are required to file the I-751 petition together. There are a few exceptions to the joint filing requirement. These exceptions are: death of the US citizen spouse, divorce even though the marriage was entered into in good faith, battered spouse, and hardship if the foreign national is forced to return home. If an applicant fits under one of the exceptions, then s/he can file the I-751 alone without the US citizen spouse. When filing the I-751, the applicant need only include a copy of the green card. it is not necessary to submit the original I-551 card (i.e. the green card).
  14. Attorney_19

    Job Lost while on EAD?

    The answer to this question depends on the individual's basis for filing the EAD. If the person has a pending I-485 application, then that person continues to be in a period of authorized stay as long as the I-485 is pending despite the job loss. Nevertheless, a person with a pending employment-based green card process needs to find another job in a same or similar occupation as soon as possible for AC21 porting purposes for the green card process.
  15. AC21 portability of one's green card case to a new employer can be used when the I-485 application is still pending. Therefore, the AC21 porting of one's green card case should be done prior to the I-485 being approved.
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