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Note : Some or all of the information given below may
have been compiled from various other sources and we
do not claim ownership. Use this information for general
knowledge only. Your lawyer is the best person who can
give you legal advice.
| Form
ETA-750 |
Labor
certification request. Filed with "Department
of Labor's Employment and Training Administration. |
| Form
I-140 |
Immigrant
Visa Petition. All employment based cases
are filed only with Service Centers. |
| Form
I-485 |
Application
to Register Permanent Residence or Adjust Status.
Also known as AOS (Adjustment of Status). Approval
of I-485 is the final step to get Green Card. |
| Form
I-765 |
Application
for Employment Authorization. Commonly know
as "Employment Authorization Document".
Can be filed together with I-485. |
| Form
I-765 Card |
Signature
Card. Used for preparing your "Employment
Authorization Card". |
| Form
I-131 |
Application
for Travel Document. Commonly known as "Advance
Parole". Can be filed together with I-485.
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| Form
I-797 |
Notice
Of Action. Receipt Copy or Approval Notice.
Could be for H1, EAD, AP, I485 etc. |
| Form
G-28 |
Notice
of Entry of Appearance as Attorney or Representative.
Authorizing your lawyer to file your application
on your behalf. |
| Form
G-325 A |
Biographic
Information.Details of your Residence and Employment
in last five years. Also, brief family detail. |
| Form
I-693 |
Medical
Examination. You might need supplementary copy
for vaccination. For medical examination you can
only go to the designated INS physicians. |
| Form
I-94 |
Departure
RecordIssued by immigration officer at the port
of entry. |
| IRS
Form 9003 |
Tax
related details.Don't have to attach copy of
any tax filing except if you are self-employed. |
| Form
I-134 |
Affidavit
of Support.To sworn for your personal, dependants
and financial details. |
| EAD
|
Employment
Authorization Document. This document is required
to work in US after filing I-485 if you don't have
a valid H1. |
| AP
|
Advance
Parole. After I-485 is filed and waiting for
approval: This document is required for re-entry
if you don't have valid H1. You should carry all
3 copies in original and also the receipt of I-485. |
| FP
|
Finger
Printing. Done while your I-485 is pending. |
| RD
|
Receipt
Date. Applications are stamped with the time
and date of physical receipt, not the time and date
they are actually opened. |
| ND
|
Notice
Date. The date when your information is keyed
into the INS computer system and fees processed
by the Data Entry unit. |
| RFE
|
Requests
for Evidence. When an application or petition
is not immediately adjudicable, a request for additional
evidence or other documentation is generated. The
applicant/petitioner has 12 weeks to respond. |
| EB
|
Employment
Based Immigration. There are 5 categories in
EB immigration. EB1 thru EB5. Employment Based Immigration
cases are always filed with service centers. |
| FB
|
Family
Based Immigration. FB immigration cases are
filed with local district INS offices. |
| IIO
|
Immigration
Information Officer. |
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Documents Required for I-485
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1. Form G-28. If filing
through a lawyer.
2. I-485, Application to Adjust Status, with copy of
I-94 and 2 photographs(Immigration photo).
3. I-131, Application for Travel Document, with copy
of passport identity pages and 2 photographs (Immigration
photo). If you intend to travel on AP instead of valid
H1. If you continue to maintain your H1 after filing
I485 then you don't have to get AP for travel.
4. I-765, Application for Employment Authorization,
with copy of passport identity pages and 2 photographs
(Immigration photo). If you don't maintain valid H1
then you need this document to work. If you travel on
Advance Parole then your H1 is void and you will need
EAD to work.
5. I-765 Card. This is your signature card. This is
used to prepare you Employment Authorization Card.
6. G-325A, Biographic Information.
7. I-693, Medical Examination, with copy of vaccination.
8. Evidence of valid nonimmigrant status, with copy
of both sides of I-94, copy of entire passport, and
written summary of beneficiary and spouse nonimmigrant
history.
9. IRS Form-9003. Answers to Tax related questions.
Attach copy of tax filing if filed as self- employed.
10. Photocopy of I-797 and copy of I-140 petition filed.
11. I-134, with financial documents.
12. Birth Certificate.
13. Marriage Certificate.
14. Employment Letter.
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Travel Options after Filing I- 485
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There are only 2 situations possible
for travel after you have filed I-485.
Case 1: You maintain your H1 visa status.
You can travel using your H1 till the validity of your
H1. You should also carry your I485 receipt (not a must
or requirement but as a precautionary measure). There
is no other document required but it's a good idea to
keep at least the employment verification document.
The officer at the port of entry might ask unexpected
questions, you never know.
Case 2: You don't maintain your H1 Status or cannot
maintain it (because of 6 year cap) and instead
work on EAD.
You need Advance Parole and I485 receipt for re -entry.
You do not require EAD for re -entry.
However, when you enter USA on Advance Parole
then your H1 is automatically void. Now, how will you
work if you don't have a valid H1
(it's void because you entered on Advance Parole)? Answer.
You will need EAD. So EAD is required for working after
you have entered USA on Advance Parole.
NOTE: Once you have entered USA on Advance Parole
then you can not go for renewal of your H1. It will
be a fresh H1 and will be effected by quota cap.
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Employment after Filing I-485
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Option 1: You maintain your H1 even after filing I-485. In this case
you don't need EAD. You can continue to work on H1.
You can travel using your H1 and don't need an Advance
Parole.
Option 2: You need EAD for work if you don't
maintain a valid H1 or you can't maintain a valid H1
(because of 6 year cap). With EAD you can also take
up a second job. In any case you can not leave your
sponsoring employer. In this case, you will need an
Advance Parole for travel.
NOTE: You can get an EAD after filing I485 even
though you have a valid H1. In this situation you can
say, you have valid EAD and valid H1 both. However,
you can continue to maintain and use H1 as long as you
don't use your EAD (example, used EAD for second employer),
because use of your EAD will void your H1 validity.
Also entry to US on Advance Parole instead of H1 will
void the validity of your H1. Once your H1 is void then
you have to have EAD for work and Advance Parole for
travel.
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Documents required for
I - 765 (EAD)
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SOURCE: Page 5, PART 3, in I-765 instruction.
PART 3. REQUIRED DOCUMENTATION WITH EACH APPLICATION.
Please assemble the documentation in the following order:
Your application with the filing fee. See Part 4 FEE
for details.
If you are mailing your application to the INS, you
must also submit:
- Form I-765 Signature Card. If one is not enclosed with your application,
ask your local INS office for one. Sign the card in
the blue box marked "signature". Your signature
must fit within the blue box. DO NOT fold this card
when you mail your application.
- A copy of Form I-94 Departure Record (fron and back) if available.
- A copy of your last EAD (front and back).
- 2 photos with a white background taken no earlier than 30 days before
submission to the INS. They should be un-mounted;
printed on thin paper; glossy; and un retouched. The
photos should show a three- quarter front profile
of the right side of your face, with your right ear
visible. Your head should be bare unless you are wearing
a headdress as required by a religious order to which
you belong. The photo should not be larger than 1
1/2 X 1 1/2 inches, with the distance from the top
of the head to just below the chin about 1 1/4 inches.
Lightly print your name and your A#, if known, on
the back of each photo with a pencil.
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