October Visa Bulletin - Filing I-485...help

[tpk6 0]

Hello

My Priority date is in May, 2011 for EB2 category. So, I will be able to apply for 485 as per new rules in October visa bulletin. My spouse is on her H1B but GC process is not started. So, I will be applying for her as my dependent. Please answer the following questions.

1. Can I mail my application package to USPS on September 30th, 2015 so that they will receive it by October 1st 2015? Or should it be shipped on or after October 1st, 2015?
2. Can I apply for I-485 to USCIS by myself? Or my employer or attorney should do this? Is this the address - USCIS, PO Box 660867, Dallas, TX 75266
3. There are 3 forms I need to send. I-485 (AOS), I-765 (EAD) and I-131 (AP). Should I send only 3 forms with my name or should I send 6 forms (3 for me and 3 for my spouse)?
4. I was on F1 and I had EAD cards on my OPT. In form I-765, there is question no.11 asking if got work authorization from USCIS before? What should I answer for this? Should it be YES?
5. Should I send 2 checks with $1070 each or 1 check with total amount of $2140?
6. Once EAD is approved for me and my wife, what will happen to her H1?
7. Is there a 180 day waiting period from date of filing for me to change employer if I want to? Is this applicable only to me or to my spouse also? Does my spouse have any waiting period?
8. In some places, they are saying 4 copies of G-325 are needed and in some posts, they are saying only 1 copy. Which is correct?
9. Are pay stubs, W2s and tax returns necessary to be submitted?

Thanks a lot.

[tpk6 0]

Please respond..

[arken 4,199]

Hello

My Priority date is in May, 2011 for EB2 category. So, I will be able to apply for 485 as per new rules in October visa bulletin. My spouse is on her H1B but GC process is not started. So, I will be applying for her as my dependent. Please answer the following questions.

1. Can I mail my application package to USPS on September 30th, 2015 so that they will receive it by October 1st 2015? Or should it be shipped on or after October 1st, 2015? I think you can mail the package on Sep but not confident on this. If nobody answers this one with confirmation, just apply on Oct 1 if you have any doubt.
2. Can I apply for I-485 to USCIS by myself? Or my employer or attorney should do this? Is this the address - USCIS, PO Box 660867, Dallas, TX 75266 You can mail it yourself, just make sure you provide all the required supporting documents. You have stated your state as TX on this forum, in that case, that address is correct but only for USPS delivery. If you use any other courier, you need to use different address specified on i-485 direct filing address.
3. There are 3 forms I need to send. I-485 (AOS), I-765 (EAD) and I-131 (AP). Should I send only 3 forms with my name or should I send 6 forms (3 for me and 3 for my spouse)? You and your wife should fill all those forms separately. So you will be sending 6 forms.
4. I was on F1 and I had EAD cards on my OPT. In form I-765, there is question no.11 asking if got work authorization from USCIS before? What should I answer for this? Should it be YES? Your answer will be YES.
5. Should I send 2 checks with $1070 each or 1 check with total amount of $2140? It's better to make two checks and attach to individual applications.
6. Once EAD is approved for me and my wife, what will happen to her H1? Unless she uses EAD, her H1 will not be affected. If she used EAD for work, then her H1 is considered cancelled from that time.
7. Is there a 180 day waiting period from date of filing for me to change employer if I want to? Is this applicable only to me or to my spouse also? Does my spouse have any waiting period? 180 day period applies to you only and not your wife. If your i485 is pending from more than 180 days, you are allowed to change your employer through AC 21. Your wife is a derivative on this application. Since she is in H1, she can transfer to new employer any time through H1 transfer if she wants to retain her H1 till she gets GC or she can start using EAD and work for anyone if she want to be no longer on H1. It's recommended she keeps her H1 so that in case i485 is denied, she can still be on H1.
8. In some places, they are saying 4 copies of G-325 are needed and in some posts, they are saying only 1 copy. Which is correct? 1 copy of G-325A (not G-325) is needed for each applicant.
9. Are pay stubs, W2s and tax returns necessary to be submitted? Not necessary but doesn't hurt to submit. More than that, you need an employment letter from your employer stating that your intended position is available to you with annual salary of xxxxx.

Thanks a lot.

Edited September 18, 2015 by arken

[tpk6 0]

Thanks a lot for your replies Arken. I live in Texas, so I will be sending to Dallas lockbox. I got employment letter from my employer.

I will mail the package on October 1st, its better to be on safe-side. I have couple questions from your replies.

1. You mentioned that my spouse H1 will be cancelled once she uses EAD for employment. How will this happen? I mean how can we make sure she is working on EAD and her H1B is canceled?
2. In all the documentation I am sending, how will USCIS know I am primary applicant and my spouse is dependent?

I will be sending these documents. Please suggest if anything else is needed or if any order should be followed.

Is any cover letter needed?

1. I-485 (me and my spouse)
2. I-765 (me and my spouse)
3. I-131 (me and my spouse)
4. I-639 (me and my spouse)
5. G-325A (me and my spouse)
6. Copies of birth certificates with affidavits
7. Copies of all passports
8. Copies of all 797s, I-20s, EAD cards and I-94s
9. Copy of marriage certificate
10. 6 photos each
11. Original employment letter
12. 2 checks with $1070 each
13. Last 2 years W2s, 3 month paystubs and IRS tax return transcripts (all this is optional I believe)

[arken 4,199]

1. If she updates her EAD info in Employment eligibility form (i-9) retained by her employer or uses EAD to get new york, then EAD is considered to be used which will nullify her H1. If she simply keeps her EAD, then it will not affect H1 status.

2. In i485 application Part 2, you and your wife will be individually selecting the correct criteria applicable to each one only. USCIS knows from that part.

It's always better to provide a cover letter detailing what your are applying for and listing out all documents you are submitting.

On the documents you are submitting, don't forget to include a copy of your approved i140.

More than the original employment letter, you need a new letter which specifically states that the company will have the position (stated on PERM application) for you available after you get your permanent residency and you will be given xxxx salary in addition to mentioning your current employment status.

[tpk6 0]

sure arken. i forgot to mention about me including i-140. i have the copy.

i will get new letter from employer.

1. If she updates her EAD info in Employment eligibility form (i-9) retained by her employer or uses EAD to get new york, then EAD is considered to be used which will nullify her H1. If she simply keeps her EAD, then it will not affect H1 status.

2. In i485 application Part 2, you and your wife will be individually selecting the correct criteria applicable to each one only. USCIS knows from that part.

It's always better to provide a cover letter detailing what your are applying for and listing out all documents you are submitting.

On the documents you are submitting, don't forget to include a copy of your approved i140.

More than the original employment letter, you need a new letter which specifically states that the company will have the position (stated on PERM application) for you available after you get your permanent residency and you will be given xxxx salary in addition to mentioning your current employment status.

[tpk6 0]

when preparing the document package, for example my passport ID page is applicable in various scenarios. should i include that many copies ?

anyway, i will be sending full copy of all passports..

and i see lot of people sending combined renters insurance..combines lease document etc to prove marriage.

is marriage certificate and passport copies showing names as spouse not enough? are people over reacting?

few people said they are sending wedding pictures, plane ticket copies too where husband and wife flew together...sounded silly to me..

[arken 4,199]

It's better to send required copies of supporting documents to each applicable scenarios(like separate for i485 and for i765).

You might be referring to family based(i130) i485 where one has to show lots of evidences of bonafide marriage apart from the marriage certificate and passport copies showing each others' names.

In your application, you don't have to show those sort of things since yours is employment based.

However, in your wife's i485 application, it's also recommended to include some other evidences too if you have any apart from marriage certificate and copies of passports; you do not need in too much detail like the family based immigration case but still include what you have just to prevent any doubt from the reviewing officer's mind.