singhsa3
10-21 08:28 PM
Can you please state the source of ur information.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
wallpaper 2011 Summerfest Milwaukee, WI
sgsg
01-28 05:46 AM
Finally received my passport this morning. Consulate sent it to VFS on Friday and I received it today through Blue Dart.
Int Date: Dec 17, 2007 @ Chennai Consulate
PP Rec. Date: Jan 28, 2008
Int Date: Dec 17, 2007 @ Chennai Consulate
PP Rec. Date: Jan 28, 2008
Meghna
05-16 04:03 PM
It is not clear what you mean when you say that. How can you get EAD without filing for 485 [which you can file only when your PD is current].
We applied before the retrogression started
2004 July - labor cleared for my husband
2004 December applied for I140 and I485 --- I 410 approved EAD and AP issued
I was in the country on F1 and applied for I485 along with my husband in 2004
Graduated in 2005 and changed to H4 immediately although not required since the status is Adjuste status
So when my PD becomes current they will let me know if we get GC or not
My question was since i applied for I485 when i was on F1 will it be a problem. I asked my lawyer and he said no. But i dont know how far he is correct.
I found this
http://www.immigration.com/faq/green3.html see Q202 ( it looks okay but i read some where its not quite right he was not a lawyer though)
We applied before the retrogression started
2004 July - labor cleared for my husband
2004 December applied for I140 and I485 --- I 410 approved EAD and AP issued
I was in the country on F1 and applied for I485 along with my husband in 2004
Graduated in 2005 and changed to H4 immediately although not required since the status is Adjuste status
So when my PD becomes current they will let me know if we get GC or not
My question was since i applied for I485 when i was on F1 will it be a problem. I asked my lawyer and he said no. But i dont know how far he is correct.
I found this
http://www.immigration.com/faq/green3.html see Q202 ( it looks okay but i read some where its not quite right he was not a lawyer though)
2011 Summerfest Milwaukee
funny
09-09 03:18 PM
Keep calling guys.. Let beat NumberUSA in short time.
Just called every on on the list except the co-sponsers and steve King, Was able to get to each office and conveyed the message.
Keep calling guys..
Just called every on on the list except the co-sponsers and steve King, Was able to get to each office and conveyed the message.
Keep calling guys..
more...
fromnaija
05-17 04:07 PM
I have received an RFE on my H1-extension too. USCIS wanted sealed copy of my trnascript from my foreing university.
To answer the original poster. You can file your I-485 since your extension is pending and you do have a receipt fro USCIS.
Good luck!
I never heard of an RFE for H1b extension. Are u sure that the RFE is not related to your I-140 or I-485?
H1b extension should be a smooth sail.
To answer the original poster. You can file your I-485 since your extension is pending and you do have a receipt fro USCIS.
Good luck!
I never heard of an RFE for H1b extension. Are u sure that the RFE is not related to your I-140 or I-485?
H1b extension should be a smooth sail.
vshar
08-20 03:11 PM
I also just changed my plan from unlimited residential to world. Wow.
Now lets see how is the call quality to India.:)
Now lets see how is the call quality to India.:)
more...
srgadi
09-13 02:12 PM
I see soft LUD on my 485 today, but the status has not changed. I had an interview in Jan 2009 and at the end of interview the IO told me that he could not approve my case as it was not current. So I believe my case is pre-adjudicated?
Someone in the same boat? Hopefully the approval e-mail comes in the next few hours or next week. <<fingers crossed>>
I see soft LUD again for today, but no update in status.
Someone in the same boat? Hopefully the approval e-mail comes in the next few hours or next week. <<fingers crossed>>
I see soft LUD again for today, but no update in status.
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gccovet
08-07 12:23 PM
Good for you..
People yet another case who is going to crossover to the EB2 line...
Sunny ,
What is your PD???
People yet another case who is going to crossover to the EB2 line...
Sunny ,
What is your PD???
more...
Michael chertoff
03-29 10:10 AM
I read the news too at The Oh Law Firm (http://www.immigration-law.com/)
Hope this hold and comes true. All the best to my brothers and me.
The Department of State announced that the Indian EB2 category is expected to advance one week in the May Visa Bulletin. The demand for EB1visa numbers has decreased by 50 percent this fiscal year. Last year from October 2009 to February 2010, 22,000 EB1 numbers were used. During the same period this year, only 10,000 to 11,000 have been used. EB1 will be current worldwide all fiscal year. This will free up an estimated 12,000 visa numbers to fall down from EB1 to EB2 this year
Hope this hold and comes true. All the best to my brothers and me.
The Department of State announced that the Indian EB2 category is expected to advance one week in the May Visa Bulletin. The demand for EB1visa numbers has decreased by 50 percent this fiscal year. Last year from October 2009 to February 2010, 22,000 EB1 numbers were used. During the same period this year, only 10,000 to 11,000 have been used. EB1 will be current worldwide all fiscal year. This will free up an estimated 12,000 visa numbers to fall down from EB1 to EB2 this year
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coopheal
08-08 09:21 AM
I am the later...
This is my last post in this regards.
Solution of frustration is not destructive thinking which you are doing. Grow up�.
May be you might have supported previous IV campaigns. I urge you to keep supporting them instead of going anything crazy like what you are planning.
Finally if you have reasons to believe some firms are gaming the system then report them. That is American way of doing things.
This is my last post in this regards.
Solution of frustration is not destructive thinking which you are doing. Grow up�.
May be you might have supported previous IV campaigns. I urge you to keep supporting them instead of going anything crazy like what you are planning.
Finally if you have reasons to believe some firms are gaming the system then report them. That is American way of doing things.
more...
desi3933
08-21 04:33 PM
I am thinking a Flower Campign to Sen Lofgren??..what do you guys think..
""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""
As per your profile
Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007
May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?
One more -
Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?
""Forget Me not ..I am EB-3 India (Highly skilled) waiting a decade for my Green Card"..Please pass the Visa recapture bill! ""
As per your profile
Labor Approval Date: 04/21/2003 I140 Mailed Date: 05/05/2007
May I ask you the reason for 4 year gap for I-140 filing? Are you using Labor Substitution?
One more -
Since you are waiting for decade, I assume your PD is 1998 or 1999. Is that correct?
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iv_only_hope
01-11 03:32 PM
http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-immigration_11bus.ART0.State.Edition2.37b4ce6.html
more...
house Milwaukee Summerfest 2010.
ganguteli
05-09 02:01 PM
Let us talk about the "skills" introduced by H1/L1/offshore companies
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
You want to talk about skills .. Huh?
Lets start with Madoff ...... :D:D:D:D
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
You want to talk about skills .. Huh?
Lets start with Madoff ...... :D:D:D:D
tattoo June 25, 2004 - Summerfest,
CADude
09-24 08:44 PM
Just Now, I received a call from congresswomen staff. She was able to get some standard response from NSC via congrees inquiry cell at NSC[she read for me]. Still 26000 application are pending NSC prior to July 17th filer. I asked again and again same question, How they can enter data for Aug first week before July 2nd. What about FIFO? She was repeating again and again what response she got from USCIS. I was able to get I-765 # from her. I asked her how come 765 (LIN#) is possible without 485 data[she don't understand inter-dependency of application]. Stange but something is better than nothing. I will write again for FIFO. I don't want USCIS actions go unnoticed. I will do my part.
I am happy congresswomen staff did some inquiry. I will post when i received copy of USCIS official reponse to congresswomen by post/email.
I am happy congresswomen staff did some inquiry. I will post when i received copy of USCIS official reponse to congresswomen by post/email.
more...
pictures Milwaukee Summerfest 2010
royus77
06-21 01:37 PM
any one please
dresses Band Summerfest Milwaukee
whitecollarslave
08-06 10:15 PM
Who is funding this?
more...
makeup summerfest milwaukee - 182228
brb2
10-07 09:28 PM
Hard to tell. FBI nor USCIS has ever published demographic information on name checks. Out of 1 million USC and and 1 million or so green cards some of them get stuck in name check. Indians and Chinese don't make up more than 10% of these people yet, most of the name check complaints on the web are from these two groups. It is hard to say if this means these are the most affected groups because many family category immigrants may not be very educated and articulate and may not be petitioning the government and being proactive. So it is very hard to say if one or the other group is more or less affected. You can however look up the below link and form an opinion yourself from the 4000 odd signatures of people stuck in name check:
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
.
http://www.petitiononline.com/mod_perl/signed.cgi?nc082505&1
.
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lazycis
09-15 07:54 AM
Why they need name check when they have finger print? Name can be change any time where as finger print cant be.
Not only that. but the law and regulations does not require name check for I-485! Only for naturalization. What the USCIS and FBI doing is illegal. Sue them, that's the only way they will understand that they are wrong.
The decision to check reference files for FBI name check was made in December 2002 because N-400 was approved for a Hamaz member. The person's name did not have a hit in main files, but did have a hit in reference files. That's why the USCIS requested FBI to check reference files for naturalization applicants. FBI however decided to check refernce files for ALL requests. By law, background criminal investigation is required only for naturalization and asylum!
Not only that. but the law and regulations does not require name check for I-485! Only for naturalization. What the USCIS and FBI doing is illegal. Sue them, that's the only way they will understand that they are wrong.
The decision to check reference files for FBI name check was made in December 2002 because N-400 was approved for a Hamaz member. The person's name did not have a hit in main files, but did have a hit in reference files. That's why the USCIS requested FBI to check reference files for naturalization applicants. FBI however decided to check refernce files for ALL requests. By law, background criminal investigation is required only for naturalization and asylum!
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saint_2010
06-29 06:42 PM
From Immigration-law.com
:D :D :D lOOKS LIKE MR.OH GOT BOOED....:D :D :D
:D :D :D lOOKS LIKE MR.OH GOT BOOED....:D :D :D
nortam1
09-14 06:27 PM
I am on the same boat.
Barrett 10:25am Jul 2nd nothing received.
Barrett 10:25am Jul 2nd nothing received.
pappu
08-21 12:38 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
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