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Moving from Canada to US to File I485 in EB1 C, I am Panicking!!!

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  • Moving from Canada to US to File I485 in EB1 C, I am Panicking!!!

    I am planning to leave Canada by end of Nov (Which will end my one-year cool-off period).

    I will be arriving in the US with H1B visa status on the 1st of Dec and will be working out of Virginia. My I-140 in EB1 C Category was approved back in Nov 2018 and my priority date is 11/13/2018. Currently, EB1 C is CURRENT, and I should be able to file I485 immediately when I arrive. I have two questions with respect to getting my documents prepared.
    1. I will be leasing an apartment in Virginia because I got H1B approved and LCA to work out of Tysons, Virginia. However, when filing AOS, Can I give my sisters permanent address in Maryland or is it mandatory to give Virginia address? (See below). Because, Virginia will be a temporary address for a year, Can I give my sisters, Maryland address in the filing. Will this cause a problem, if I work and live in Virginia, but give Maryland Address for filing I-485 ?
    2. I am planning to submit everything within 15 days of arriving in the US, that said, I will have only 1 pay stub. But I believe I need to givetwo months of pay stubs. Can I give my Canada Paystub for two months, along with the US paystub (15 days pay) ? Will this work ? I do not want to wait longer as the dates may possibly get retrogressed, which is why I am asking these questions.
    3. Do I need any Police Clearance Certificate to File ?
    I truly appreciate your guidance and help!

  • #2
    • I will be leasing an apartment in Virginia because I got H1B approved and LCA to work out of Tysons, Virginia. However, when filing AOS, Can I give my sisters permanent address in Maryland or is it mandatory to give Virginia address? (See below). Because, Virginia will be a temporary address for a year, Can I give my sisters, Maryland address in the filing. Will this cause a problem, if I work and live in Virginia, but give Maryland Address for filing I-485 ?
      • - I believe yes. Since the application will be adjudicated at the USCIS local field office based on the address you give in the application. You may have to appear for biometrics and interview at the local field office (Maryland) if needed. Fingerprinting, Receipt notices, appointment letters, RFIE's, EAD/AP, GC, etc will all be mailed to the address you give. You can make arrangements to travel to Maryland as needed but not very sure if USCIS will be looking for an explanation. Your immigration lawyer might be able to advice on this.
    • I am planning to submit everything within 15 days of arriving in the US, that said, I will have only 1 pay stub. But I believe I need to givetwo months of pay stubs. Can I give my Canada Paystub for two months, along with the US paystub (15 days pay) ? Will this work ? I do not want to wait longer as the dates may possibly get retrogressed, which is why I am asking these questions.
      • Most likely the Jan visa bulletin might be our by Dec 15th and if the dates stay current for Jan then you can wait till Jan 1st and submit both the payslips. You can submit with just 1 pay slip and in case USCIS wants more information they might issue an RFIE or RFE which might cause a little delay in the overall processing time.
    • Do I need any Police Clearance Certificate to File ?
      • I don't think so. Pls do check with your immigration lawyer.
    These are just my thoughts and hope it helps. Always discuss with a experienced immigration lawyer for specific questions and decide.

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    • #3
      Thank you so much my friend! This helps!

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