I485 Adjustment of Status Document Checklist (Employment-Based)

Anil please update what comes under public charge. Obamacare subsidies do not come under public charge. Please check:

Health coverage for lawfully present immigrants| HealthCare.gov.

Hello @anil_am22 thank you for putting this article together, it was very helpful, I had a couple questions?

  1. Traffic Tickets / Violations – How sure are you about not mentioning any fines under $500, as my attorney has sent this comment " committed an offense/violation/traffic violation of any kind (e.g. traffic tickets, speeding tickets) to which you pled guilty and/or paid fine,” also there are a couple question in the I-485 as below

  1. My Filing date has become current, and final action date is at least a couple years away, now if I don’t have Birth Cert / NABC for my spouse who is my dependent can I file using only Affidavit’s and update NABC later on?

I think the form asks for household income. You can write your income in your spouse’s form.

Hi @Stanley_Vincent

Why can’t you submit birth affidavits?

Hi @Ramkumar_Kannan

You can use the spouse’s A# number from H4 EAD on i485 form.

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Hi @Sagar_Kulkarni

Read about what comes under public charge.

Hi @Hozaifa_Quayum

Everything has been clearly mentioned in the article. Please read.

I would not write or suggest anything in the article unless i am 99.99% sure about it.

Rest is your choice to follow it or not.

Hi Anil,

Txs for your reply. I don’t have birth certificate or NABC so my attorney is suggesting that we submit without a birth proof then we can handle when USCIS issues RFE .

Another question for you : in worst case if i cant submit any birth proof when filing i 485. i know birth proof is important for i 485 not for EAD and advance parole. in this case, will uscis send a query for birth certificate when they process for EAD and AP or only when processing i 485 (final date match). ?

Hi Anil. Thanks for getting back. Yes I read it… I work on CMS projects which is part of Department of Health and Human Services. I was suggesting that the Obamacare subsidies are tax credits and as per Department of Health they are not public charge for USCIS purposes. Here is the link which specifically says that: Health coverage for lawfully present immigrants| HealthCare.gov

Read the para which says: * Enrollment in a Marketplace plan (with or without premium tax credits) is not a public benefit under the public charge final rule.

Hi @Sagar_Kulkarni

Thanks for sharing. I will go through it.

Hi @Stanley_Vincent

Listen to your attorney. If they are okay filing without birth certificate, you can do so.

Its your decision to make.

Txs. Another question for you : in worst case if i cant submit any birth proof when filing i 485. i know birth proof is important for i 485 not for EAD and advance parole. in this case, will uscis send a query for birth certificate when they process for EAD and AP or only when processing i 485 (final date match). ?

Thanks Anil. Appreciate all the information you share with the community.

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Hi Anil

Thanks for the great work. I am posting the Whole checklist here as it helps someone else.

Employment based
I am H1B
My Spouse H4

I have below questions.

1.Do i really need to provide i 864 for my dependent? i see only US Citizens/Green card holders only should be the sponser.
2.in i485 , Page 14, Part 8, i selected the option 62d which means i dont have to file i 864 below is the image. kindly clarify.

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Hi My wife’s place of birth is her native place /village in her passport which was issued based on School Board Certificate . But on the birth certificate it is the medical college hospital in nearby village .Birth Cert is issued by that village where the hospital is located. Nobody cross checked it until recently .Both places are within same state, same district ,just 11km/6 miles difference. Birth Certificate has her parent’s permanent address with place which is same as the place of birth on passport. I am the principal applicant for green card and she is my dependent. Will this be an issue when submitting i-485 ? How can we correct it. ? if we correct it , will it be a problem/RFE when submitting this Birth Cert for i-485, since we have already applied numerous visa app/renewals /EAD’s with USCIS with place of birth on passport, Please help

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Hi Anil,
I have almost the same questions. I have to complete i485 application and there is this question about any criminal citation, law enforcement etc. I made one unintentional mistake 14 years ago for fare invasion and officer gave me a summon to go to court and judge understood and reduced the fine from $75 to $25. And there is one traffic violation recently for improper turn for turning left from second lane (fine about $138) which I have to plead not guilty for. Do I still need to answer “no” in such questions?

Any help is appreciated!

Shweta

Awesome work guys as usual!

Am22tech is one of the most helpful platforms I must say in the way the guiding articles are written covering all scenarios. Kudos!

I just have one question regarding the

#6 Supplement J (Optional)

Confirmation of job offer (on Form I-485 Supplement J) if you have changed the job after filing i485.

The linked USCIS page is unclear to me.
Quoting from that page —

Beginning Jan. 17, 2017, if you are filing or have previously filed Form I-485 based on being the principal beneficiary of a valid Form I-140 in an employment-based immigrant visa category that requires a job offer, you will need to file Supplement J instead of submitting a job offer letter;

Is Supplement J required for second time i485 filers only who are applying for job portability or is it equally applicable for first time i485 filers ? What is the rule for first time filers and what changed since Jan 1, 2017?

Also Does it mean if someone accepts a new job post first time i-485 filing one has to submit another i-485 again?

Unless your employer is filing I-140 & I-485 concurrently, I-485J is required to be filed along with I-485 even with same employer. Only I-485J is required to be filed for AC21 job portability.

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I agree with @Kalpesh_Dalwadi

I485J is required every time you change job position for new or same employer. It does not matter if its first or second or x number of changes.

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Thanks @Kalpesh_Dalwadi @anil_am22