AOS > I-485 Questions

[Dave&Judy 3]

I have questions/situation about I-485:

I have H1B, for which I-94 expiring in Dec 2012.

Lost my job couple of months back and no longer working currently.

AS things change, company is willing to hire me back once i have EAD (i expect that in 2-3 months after filing).

Questions:

- What should i put in " Current USCIS Status" ? (H1B or H1B (out of status) or something else?

- And what goes in Part 3.A- Current Occupation?

- Do i need to send my tax returns or tax transcripts with AOS package?

- If I get EAD little before interview, and i join my job back. What should i explain to them?

OR i should join only after interview? Little confused about this. Please help.

Thanks for your !

[Mrsaveemac 0]

I have questions/situation about I-485:

I have H1B, for which I-94 expiring in Dec 2012.

Lost my job couple of months back and no longer working currently.

AS things change, company is willing to hire me back once i have EAD (i expect that in 2-3 months after filing).

Questions:

- What should i put in " Current USCIS Status" ? (H1B or H1B (out of status) or something else?

- And what goes in Part 3.A- Current Occupation?

- Do i need to send my tax returns or tax transcripts with AOS package?

- If I get EAD little before interview, and i join my job back. What should i explain to them?

OR i should join only after interview? Little confused about this. Please help.

Thanks for your !

hi. please see my timeline. i filed in April and my h1b expired the exact same date i mailed off my application. i filled the app as h1b and let the expiration dates speak for itself. my occupation was the current occupation approved on the h1b.please send tax transcripts for the last few years on h1b. i got letters from my job as i was leaving which stated that my job was available to me as soon as i got an ead. i submitted my 864 and used my income to meet the income requirements. they requested proof of my h1b status and i resent them my visa and additional information about my assets and bank accounts. i returned to work 3 days after receiving my ead. i will simply bring pay stubs to my interview on August. 27th. in your case the employer promises to rehire you but other factors are involved besides your ead. in any event your occupation is what you do for a living and right now ( and maybe at the time of the interview you will be) unemployed. lm typing on my cell. please feel free to pm me with any questions and i can try to answer them later.

Edited July 30, 2012 by Mrsaveemac

[Mrsaveemac 0]

hi. please see my timeline. i filed in April and my h1b expired the exact same date i mailed off my application. i filled the app as h1b and let the expiration dates speak for itself. my occupation was the current occupation approved on the h1b.please send tax transcripts for the last few years on h1b. i got letters from my job as i was leaving which stated that my job was available to me as soon as i got an ead. i submitted my 864 and used my income to meet the income requirements. they requested proof of my h1b status and i resent them my visa and additional information about my assets and bank accounts. i returned to work 3 days after receiving my ead. i will simply bring pay stubs to my interview on August. 27th. in your case the employer promises to rehire you but other factors are involved besides your ead. in any event your occupation is what you do for a living and right now ( and maybe at the time of the interview you will be) unemployed. lm typing on my cell. please feel free to pm me with any questions and i can try to answer them later.

also, you would want to file for your ead concurrently with the aos. hopefully you will receive it before your interview and restart work. It's less of an issue for you if you are not using your own income to meet the requirements.

[Dave&Judy 3]

Part 2 Question: I am applying for an adjusment to permanent status because:

Shall i choose a OR b

I am married to USC and based on that i am doing my AOS.

Please advice.

Thanks !

[Xanax 349]

A.

[Xanax 349]

Double post.

Edited July 31, 2012 by Xanax

[Little_My 464]

A,

[Dave&Judy 3]

A,

Whats the difference between a & b ?

Somebody pls can explain?

[Little_My 464]

B would apply to a person who has a parent or a spouse who is also a foreigner and was issued a greencard, and the applicant was eligible for AOS based on that family member's status as permanent resident.

A is correct if you are filing for AOS based on marriage to a US citizen.

[Harpa Timsah 13,258]

B is for a derivative.

[Dave&Judy 3]

B would apply to a person who has a parent or a spouse who is also a foreigner and was issued a greencard, and the applicant was eligible for AOS based on that family member's status as permanent resident.

A is correct if you are filing for AOS based on marriage to a US citizen.

Thank You, Little_My & Harpa !

[Dave&Judy 3]

also, you would want to file for your ead concurrently with the aos. hopefully you will receive it before your interview and restart work. It's less of an issue for you if you are not using your own income to meet the requirements.

Yes i am filing for EAD along with AOS package.

You're right. I'll NOT use my income to meet the income requirements. Anyway my wife's income is sufficient.

Thanks for offering help !

Its' great to know that you been thro' same situation.

So, what you guys suggest for:

Current USCIS status: I think i can put H1B. Though i am out of status but i stilll have that status as I-94 is valid until december.

Current Occupation: confused for this. I am pretty sure if i get EAD before interview, i'll start work before interview. So what u suggest at this moment to put my current occupation?

Thanks for your

[Little_My 464]

Don't make it more complicated than it has to be. If you have a job, you list that job as your current occupation. If you do not have a job at the moment, you just write "None" or "not employed".

[Harpa Timsah 13,258]

Yes, I advised you in another thread that you must read literally and interpret accurately. You seem to have trouble answering a simple question, and if you are going to be successful in this process, you will have to learn to answer a question literally. If is asks for current occupation, you put your current occupation. No smoke or mirrors.

[Dave&Judy 3]

Please help me with more opinions on I-485:

> C/O - okay to put NONE? Or better to put my USC wife's name?

> Though i am out of status now,but i entered on H1B and was in status couple of months back...

- What should i put in " Current USCIS Status" ? (H1B or H1B (out of status) or something else?

> Where to find VISA Number I see couple of numbers on my H1 stamping but which one is Visa Number?

> My wife changed her last name on marriage certificate. So, what i would here as her last name, new one or original one?

Thank you guys for your kind replies (and your patience with my silly questions )

God Bless !!