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Thread: AOS

  1. #1
    I am filing for employment based adjustment of status(I-485).I would like to know what documents are needed from my employer?
    Is financial statement from employer needed to apply I-485?

  2. #2
    I am filing for employment based adjustment of status(I-485).I would like to know what documents are needed from my employer?
    Is financial statement from employer needed to apply I-485?

  3. #3
    If the employment-based I-140 petition has been approved, then it is likely there was some sort of letter and/or documentation regarding the employer's ability to pay the offered wage to you. (If an employer has more than 100 employees, then it's not usually necessary to submit "extra" financial information).

    So, you should look at what went with the I-140 petition, and if it was a letter, then for your Adjustment of Status application have the employer sign a similar letter mentioning Adjustment of Status / I-485 rather than Immigrant Petition / I-140.

    Sometimes, but not always, near the end of the AOS process, the INS will request yet another letter from the employer verifying that the job offer still exists, so you might have to do this again even if you send it with your application.

    Here's a list of what I generally include in employment-based AOS applications, using someone currently in H-1B status as an example:

    1. INS Form I-485 Application to Register Permanent Resident or Adjust Status, with $186 filing fee and $50 fingerprinting fee (one check in the amount of $236);

    2. Copy of I-797 Approval Notice for I-140 Petition (or copy of receipt notice if I-140 is still pending under the simultaneous filing now permissible under 67 FR 49561);

    3. Copy of the Form I-140 (not the entire petition, just the form);

    4. INS Form G-325A Biographic Information;

    5. INS Form I-693 Medical Examination of Aliens Seeking Adjustment of Status (sealed envelope);

    6. Two recent natural color photographs, made according to INS specifications;

    7. Copy of birth certificate, with certified English translation if applicable;

    8. Copy of marriage certificate, with certified English translation if applicable (I usually only include the marriage certificate for the AOS applications of derivative beneficiaries, but there's no reason why you couldn't include it if you wanted); (also, if filing a derivative AOS application and the derivative beneficiary was married before, they will need to include a copy of the dissolution of marriage certificate);

    9. Verification of current immigration status, typically including:

    a) Copy of Form I-797 approval notice verifying current H-1B nonimmigrant status (or IAP-66 for J-1, or I-20 for F-1, etc);

    b) Copy of passport pages, including biographic page (that shows your personal information, as well as the date of passport issuance and expiration);

    c) Copy of I-94 Card (copied front and back sides) reflecting most recent entry into the U.S.;

    10. Employment confirmation letter from Employer, verifying the offer of a permanent position, the salary, etc.


    Hope that helps. It may be overkill, but I've never had an application denied when including the above information.

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