legal_la
06-28 11:48 PM
My lawyer also uses fedex, I dont think fedex delivers on saturday so I guess I am fine , right ? (Unless fedex guy goes out of his way and delivers on saturday to improve his performance!!)
Yes you are fine as long as he does not choose saturday delivery, which is very highly unlikely, and I guess he might be aware that the application should reach only on or after 1st july.
Yes you are fine as long as he does not choose saturday delivery, which is very highly unlikely, and I guess he might be aware that the application should reach only on or after 1st july.
wallpaper Buyers Picks Houston Astros
stuck_here
02-08 04:11 AM
1-2 weeks if u r unlucky, 1-2 months if u r extremely unlucky, 2+ months if u r as unlucky as me !!
:mad:
On FEb 4th my wife and myself went for H1-B visa renewal interview at Chennai Consulate. Both visas got approved. My wife passport was returned with in 3 days. It seems they have found her petitition online. My passport stuck with consulate. I called consulate today, and they have asked me to call back next week end. She said they were not able to locate my petition online.
How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
:mad:
On FEb 4th my wife and myself went for H1-B visa renewal interview at Chennai Consulate. Both visas got approved. My wife passport was returned with in 3 days. It seems they have found her petitition online. My passport stuck with consulate. I called consulate today, and they have asked me to call back next week end. She said they were not able to locate my petition online.
How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
EB2DEC152005
08-12 05:24 PM
I have sent an email to CISOmbudsman.Publicaffairs@dhs.gov and they responded with the following email content.
Dear Sir/Madam:
Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).
In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).
We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.
We appreciate your email and look forward to reviewing your case.
Sincerely,
Office of the CIS Ombudsman
so I need to send DHS-7001 form and I-140 approval notice.
I have one more question too, Should I send G-28 form also.
Please give me some suggestions on this.
Thanks in advance
Dear Sir/Madam:
Thank you for contacting the Citizenship and Immigration Services Ombudsman (CISOMB) in the U.S. Department of Homeland Security (DHS).
In order to review your case you must complete and sign the Form DHS 7001. The form can be found on our website at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman).
We are attaching the form for your convenience. You may submit your form via-email as an attachment. In addition, please send a copy of I-140 approval notice. If you have an attorney please complete and sign Form G-28 as well.
We appreciate your email and look forward to reviewing your case.
Sincerely,
Office of the CIS Ombudsman
so I need to send DHS-7001 form and I-140 approval notice.
I have one more question too, Should I send G-28 form also.
Please give me some suggestions on this.
Thanks in advance
2011 Pictured here are the Houston
desi3933
08-08 10:36 AM
Here's a very good recent example
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyId=13&articleId=9111963&intsrc=hm_topic
Point to be noted is that this case was not dismissed on merit, but that plaintiff's have not been able to prove significant damages resulting from the rule. A general 'dissatisfaction' with the rule ( for e.g. my wait times will increase if porting continues) doesnot translate into significant damages ( such as I'm losing the job). The merit of the case was never discussed!.
It would be interesting to see how many of the 'Yes' are going to remain 'Yes' when it comes to having their names on a lawsuit filed against USCIS (the whole list will be going to USCIS). It will be interesting to see how many of you stridently remaining anonymous on a (relatively) harmless public forum such as IV are going to come out in public to fight the USCIS. Good luck guys.
And happy nightmares whenver your cases get (not so) Soft LUDs. Is it because you joined the case? you never know.
Good luck once more
Good post!
Since GC is for the future job, any damage such as "I am losing current job" is legally immaterial and irrelevant.
____________________________
N-400 Oath Date on Aug 19th
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyId=13&articleId=9111963&intsrc=hm_topic
Point to be noted is that this case was not dismissed on merit, but that plaintiff's have not been able to prove significant damages resulting from the rule. A general 'dissatisfaction' with the rule ( for e.g. my wait times will increase if porting continues) doesnot translate into significant damages ( such as I'm losing the job). The merit of the case was never discussed!.
It would be interesting to see how many of the 'Yes' are going to remain 'Yes' when it comes to having their names on a lawsuit filed against USCIS (the whole list will be going to USCIS). It will be interesting to see how many of you stridently remaining anonymous on a (relatively) harmless public forum such as IV are going to come out in public to fight the USCIS. Good luck guys.
And happy nightmares whenver your cases get (not so) Soft LUDs. Is it because you joined the case? you never know.
Good luck once more
Good post!
Since GC is for the future job, any damage such as "I am losing current job" is legally immaterial and irrelevant.
____________________________
N-400 Oath Date on Aug 19th
more...
alanoconnor
09-28 11:05 PM
Are you from India/China ? I will be surprised if you are from one of those and name check cleared this fast.
From Ireland
From Ireland
Dhundhun
10-07 07:37 PM
Leo & Dhundhun,
If it AP is not a immediate necessity, I will wait for few weeks and hope for the best.........
It is not immediate necessity, but most of the family in India, son in Canada - it is for any unforeseen situation.
If it AP is not a immediate necessity, I will wait for few weeks and hope for the best.........
It is not immediate necessity, but most of the family in India, son in Canada - it is for any unforeseen situation.
more...
imv116
06-11 05:13 PM
Link: http://en.wikipedia.org/wiki/L-1_visa
Look into the Top 20 L-1 Visa Users
L-1 visas are available to employees of an international company with offices in both a home country and the United States, or which intend to open a new office in the United States while maintaining their home country interests. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one year prior to being granted L-1 status. The US office must be a parent company, child company, or sister company to the foreign company.
Link: http://travel.state.gov/visa/temp/types/types_1271.html#1
The reason for posting this is not to let every one know what L1 visa is or what it is meant for, we all know that, even L1 visa holders there employers know that. L1 visa is misused as another means to send people here to work on client side. Please research the means of reporting such violations and let every one be aware of that.
If companies want to send there people to work here at client side, let them do it the legal way through H1b.
Number of ways it will cause problems because of the misuse
Will replace local employees (that�s including citizens, GC holders, AOS, H1b)
Unlimited visa
Provides immigration in EB1 cat where as the same cat for a H1b holder requires unusually high qualification and research experience with significant proof and documentation
Provides spouses with work visa
3 years is significantly high to work on implanting parent companies product(as it is supposed to be)
Premium processing
And many more.
Look into the Top 20 L-1 Visa Users
L-1 visas are available to employees of an international company with offices in both a home country and the United States, or which intend to open a new office in the United States while maintaining their home country interests. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one year prior to being granted L-1 status. The US office must be a parent company, child company, or sister company to the foreign company.
Link: http://travel.state.gov/visa/temp/types/types_1271.html#1
The reason for posting this is not to let every one know what L1 visa is or what it is meant for, we all know that, even L1 visa holders there employers know that. L1 visa is misused as another means to send people here to work on client side. Please research the means of reporting such violations and let every one be aware of that.
If companies want to send there people to work here at client side, let them do it the legal way through H1b.
Number of ways it will cause problems because of the misuse
Will replace local employees (that�s including citizens, GC holders, AOS, H1b)
Unlimited visa
Provides immigration in EB1 cat where as the same cat for a H1b holder requires unusually high qualification and research experience with significant proof and documentation
Provides spouses with work visa
3 years is significantly high to work on implanting parent companies product(as it is supposed to be)
Premium processing
And many more.
2010 Manufacturer: New Era
skrishna23
08-12 06:53 PM
Finally got the CPO emails/texts today morning for both me and my wife.
Came to USA in 1996 on H1. Masters (F1) from 1999-2000.
All GC applications in EB2. Nationality : India.
Applied in Mid 2001 : company (think $15B!!!) went kaput.
Applied in Mid 2003 : I quit in mid-2005 - while labor pending.
Applied Nov 22, 2005 : Approved Aug 11, 2010.
Labor applied via PERM - approved in about 4 months.
I-140 applied soon after - approved in about 4 months.
I-485 applied during the July-August 2007.
Receipt Date: Aug 16, 2007
Notice Date: Oct 1, 2007
At NSC.
Quit in mid-2008 with 485/EAD, sent AC21.
Got RFE in Sep 2008 (missed the 2008 boat).
485 LUD stuck at 10/29/2008 forever until today.
Opened a SR on Aug 5th.
Took an infopass on Aug 6th - all I could get was, "your application is with an
Immigration Officer since Aug 2nd". Nothing else!
Don't know if either had an effect.
Didn't do anything beyond the above two.
I think anything that's helpful for anyone based on dates/apps/process/procedures are all listed above. Now for a bit of something in my mind. No particular theme but general rambling....if you so indulge..please continue. Else Have a good day and happy life. And thanks IV.
It has been a long journey for sure. A lot of my friends who came to
USA in 1996 are now citizens. I have NO regrets at all. I took my own
path. Sometimes I used to think that if I had done the GC process
in 1998/1999 instead of quitting my full time job to do full time masters,
I might've gotten GC sooner. OR what if I had stuck with the 2003 application,
sure, it would've taken longer to get even the Labor cleared but I would
have gotten GC in probably 2007 - and worst case 2008. And heck, I would
have made an additional $150K (since the company got acquired by "as big
as it gets" tech company). OR what if I had chosen a very safe choice out
of masters [believe it or not, I got 12 offers back in 2000 - but then heck,
every body else got 12 offers as well]. OH btw, the full time masters ended
up costing me about $45K in credit card loans. So yeah...no point in contemplating
all the "coulda woulda shoulda"s in life.
As Nike says: Just do it.
I strongly believe it was because of the masters that I got the first 2000/2001 company, I got into the next job - and because of it to the next one and because
of that to the current one - where I am extremely happy and think
will over time come out very well off too.
At all times, I never compromised on my job. Took the job which offered
me the most challenge and allowed me to learn as much as possible while
working the smartest folks around. That I think was a great benefit - all
along - since that component of life (work) never bothered me. And was never
afraid of taking (apparent) risks either. To me they were calculated risks.
The 2002 company I joined, it was a small startup - I was employee number 20-something and was the only H1-B until we had about 150+ employees.
When I quit it was 450+ folks and was about 750+ when it was acquired.
The company I joined in 2008 (via AC21), was and still is a startup. When
I joined we were 8 employees and still now, remain lean-and-mean but
kicking some serious ass. (if I say so myself..pardon me). :)
The biggest hiccup as I think of it now was that my wife was not able
to work from 2003-2007. But the EAD in mid-2007 finally solved that
problem. Oh, I never hesitated traveling either : travel to Africa (three
countries) one year, and to Europe (three countries) one year and
Asia (two countries other than India) in one year.
Also purchased a home in 2009 (it was very tempting during the
2004-2006 times...but waited out for good).
So yeah...H1-B/EAD/AP are all handicaps - only if you convince yourself so.
A couple of times I had contemplated Canadian PR or really
moving there or to somewhere in Europe (and even Aus PR).
But pursued nothing mostly because I was lazy.
But all along my wife fully supported in everything I (we) did.
Be it change of jobs, other big decisions..what not.
So thankful to god for that.
Just a bit to go back in the way back machine.
Long ago, labor was the bottle-neck. Then 485, then something else.
Things repeat - old is new, new is old...repeat.
There were times when there was no online checking, no sms, no email notifications.
Six year h1-cap was strongly enforced. no concurrent 140/485. No one year extension of h1. No 3 year extenstions of h1 after 140. No 2 year EADs. No AC21. No priority date porting. I can go on....but a lot of stuff happened...happens.
If there is one thing I learned wrt immigration, it is do things ASAP. Never postpone anything at all. As much as possible get first in the queue.
A general piece of advice: Never reject an option you don't have. [this is more to do with folks who say, "I am only in year 1 in h1..I don't know if I need gc..let me see after 2-3 years.." - guess what einstein, it is easy to give up your gc after you get it, then to get it when you desperately need it.]
Good luck and all the best to those who are waiting.
EB2-IC seems in pretty good shape as far as I can tell.
EB3-folks need some serious legislative help - please consider contributing a fraction of what you send for your immigration-lawyers and get something done. support IV.
And finally: Be Happy!
Peace.
Came to USA in 1996 on H1. Masters (F1) from 1999-2000.
All GC applications in EB2. Nationality : India.
Applied in Mid 2001 : company (think $15B!!!) went kaput.
Applied in Mid 2003 : I quit in mid-2005 - while labor pending.
Applied Nov 22, 2005 : Approved Aug 11, 2010.
Labor applied via PERM - approved in about 4 months.
I-140 applied soon after - approved in about 4 months.
I-485 applied during the July-August 2007.
Receipt Date: Aug 16, 2007
Notice Date: Oct 1, 2007
At NSC.
Quit in mid-2008 with 485/EAD, sent AC21.
Got RFE in Sep 2008 (missed the 2008 boat).
485 LUD stuck at 10/29/2008 forever until today.
Opened a SR on Aug 5th.
Took an infopass on Aug 6th - all I could get was, "your application is with an
Immigration Officer since Aug 2nd". Nothing else!
Don't know if either had an effect.
Didn't do anything beyond the above two.
I think anything that's helpful for anyone based on dates/apps/process/procedures are all listed above. Now for a bit of something in my mind. No particular theme but general rambling....if you so indulge..please continue. Else Have a good day and happy life. And thanks IV.
It has been a long journey for sure. A lot of my friends who came to
USA in 1996 are now citizens. I have NO regrets at all. I took my own
path. Sometimes I used to think that if I had done the GC process
in 1998/1999 instead of quitting my full time job to do full time masters,
I might've gotten GC sooner. OR what if I had stuck with the 2003 application,
sure, it would've taken longer to get even the Labor cleared but I would
have gotten GC in probably 2007 - and worst case 2008. And heck, I would
have made an additional $150K (since the company got acquired by "as big
as it gets" tech company). OR what if I had chosen a very safe choice out
of masters [believe it or not, I got 12 offers back in 2000 - but then heck,
every body else got 12 offers as well]. OH btw, the full time masters ended
up costing me about $45K in credit card loans. So yeah...no point in contemplating
all the "coulda woulda shoulda"s in life.
As Nike says: Just do it.
I strongly believe it was because of the masters that I got the first 2000/2001 company, I got into the next job - and because of it to the next one and because
of that to the current one - where I am extremely happy and think
will over time come out very well off too.
At all times, I never compromised on my job. Took the job which offered
me the most challenge and allowed me to learn as much as possible while
working the smartest folks around. That I think was a great benefit - all
along - since that component of life (work) never bothered me. And was never
afraid of taking (apparent) risks either. To me they were calculated risks.
The 2002 company I joined, it was a small startup - I was employee number 20-something and was the only H1-B until we had about 150+ employees.
When I quit it was 450+ folks and was about 750+ when it was acquired.
The company I joined in 2008 (via AC21), was and still is a startup. When
I joined we were 8 employees and still now, remain lean-and-mean but
kicking some serious ass. (if I say so myself..pardon me). :)
The biggest hiccup as I think of it now was that my wife was not able
to work from 2003-2007. But the EAD in mid-2007 finally solved that
problem. Oh, I never hesitated traveling either : travel to Africa (three
countries) one year, and to Europe (three countries) one year and
Asia (two countries other than India) in one year.
Also purchased a home in 2009 (it was very tempting during the
2004-2006 times...but waited out for good).
So yeah...H1-B/EAD/AP are all handicaps - only if you convince yourself so.
A couple of times I had contemplated Canadian PR or really
moving there or to somewhere in Europe (and even Aus PR).
But pursued nothing mostly because I was lazy.
But all along my wife fully supported in everything I (we) did.
Be it change of jobs, other big decisions..what not.
So thankful to god for that.
Just a bit to go back in the way back machine.
Long ago, labor was the bottle-neck. Then 485, then something else.
Things repeat - old is new, new is old...repeat.
There were times when there was no online checking, no sms, no email notifications.
Six year h1-cap was strongly enforced. no concurrent 140/485. No one year extension of h1. No 3 year extenstions of h1 after 140. No 2 year EADs. No AC21. No priority date porting. I can go on....but a lot of stuff happened...happens.
If there is one thing I learned wrt immigration, it is do things ASAP. Never postpone anything at all. As much as possible get first in the queue.
A general piece of advice: Never reject an option you don't have. [this is more to do with folks who say, "I am only in year 1 in h1..I don't know if I need gc..let me see after 2-3 years.." - guess what einstein, it is easy to give up your gc after you get it, then to get it when you desperately need it.]
Good luck and all the best to those who are waiting.
EB2-IC seems in pretty good shape as far as I can tell.
EB3-folks need some serious legislative help - please consider contributing a fraction of what you send for your immigration-lawyers and get something done. support IV.
And finally: Be Happy!
Peace.
more...
sandy_anand
03-31 10:17 AM
If it is for applications money, they might as well make it current.
There are not many applications between Jan2008 and jan2011
Cumulative
Demand Prior To China India All OtherCountries Grand Total
January 1, 2006 0 0 0 0
January 1, 2007 4,200 13,200 0 17,400
January 1, 2008 9,725 22,950 0 32,675
January 1, 2011 9,800 23,050 100 32,950
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
That's because the existing cases have not had a chance to file their I-485 and therefore are not visible in that report. Does not mean they don't exist. My case is a perfect example of that. I'm not counted in that report but I certainly exist! :-)
There are not many applications between Jan2008 and jan2011
Cumulative
Demand Prior To China India All OtherCountries Grand Total
January 1, 2006 0 0 0 0
January 1, 2007 4,200 13,200 0 17,400
January 1, 2008 9,725 22,950 0 32,675
January 1, 2011 9,800 23,050 100 32,950
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
That's because the existing cases have not had a chance to file their I-485 and therefore are not visible in that report. Does not mean they don't exist. My case is a perfect example of that. I'm not counted in that report but I certainly exist! :-)
hair Houston Astros New Arrival
caliguy
10-22 05:19 PM
@ fatjoe
I will call them tomorrow to find the status. Thanks for providing the phone #.
Btw, can you send me a pvt msg with your email address? Thanks!
Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
[/QUOTE]
I will call them tomorrow to find the status. Thanks for providing the phone #.
Btw, can you send me a pvt msg with your email address? Thanks!
Did you send 7001 to Ombudsman? So, Ombudsman is also hopeless?
Did you call them to find out the status? Here is Om's #, in case you don't know: 202-282-8000. Call them and update us as well.
[/QUOTE]
more...
mps
06-10 11:06 AM
we have lot of folks coming here on B1 and working ..how do you report that?
hot Houston Astros New Era 59fifty
old_hat
05-09 08:57 PM
I have news for you (and the certitude with which you make your claims here are laughable). Computer science graduation rates in US went up this year by 6-8%, because the visa caps since 2003 remained at 65000 instead of 195000 creating some demand here. I personally know kids who wanted to go to Computer science, but went for other areas like health care because of the lack of offshoring/H1 etc. If the crooked Indian offshorers and fly-by-night operators are not driving down the wages, more americans will go to computer science, as they would go for a career as MD or Pharmacist or lawyer (almost all those careers need at least 6-8 years of college). They also know that professional associations like AMA or APhA wouldn't allow importing foreign workers by corporations/hospitals on a scale that H1-bs are imported in IT area
Very sorry to disagree with you. Kids here have a lot more well paying choices for career and computer science is not really the glamour area for them. Where do you get 6-8% number from? is it Bachelors, Masters or PHD graduates? What percentage of this number is foreign students? in my experience there was a surge of foreign applicants even at Bachelors level during the same period.
Kids choices here are guided by their interest and career opportunities. And interest is the foremost criteria. Your thoughts about physicians or pharmacists are not apple to apple comparison. People have been sick through out the history of mankind and there has been increase in physicians and care providers propotional to population growth rate. There has been no explosive growth in those areas. IT/semiconductors/computers have gone through a period of explosive growth. That growth rate slowed with the burst of 2000-2001 and the H1 numbers reflect that. Why are H1 numbers not taken this year? It is simply because the market has slowed down.
Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.
A computer science degree is not a mujst but it should be in related fields of science, math or engineering. can you show me a pharmacist or physician who is an architect ? The guy who is hiring a professional will determine who is the best suited for his needs? If the guy from TCS/Infy does not suit his needs he can find the best guy available to him. You can not judge who is best suited for all jobs available. And in this economy if a person's skill does not suit the job he is out of the door pretty quickly.
Very sorry to disagree with you. Kids here have a lot more well paying choices for career and computer science is not really the glamour area for them. Where do you get 6-8% number from? is it Bachelors, Masters or PHD graduates? What percentage of this number is foreign students? in my experience there was a surge of foreign applicants even at Bachelors level during the same period.
Kids choices here are guided by their interest and career opportunities. And interest is the foremost criteria. Your thoughts about physicians or pharmacists are not apple to apple comparison. People have been sick through out the history of mankind and there has been increase in physicians and care providers propotional to population growth rate. There has been no explosive growth in those areas. IT/semiconductors/computers have gone through a period of explosive growth. That growth rate slowed with the burst of 2000-2001 and the H1 numbers reflect that. Why are H1 numbers not taken this year? It is simply because the market has slowed down.
Based on my experience, I wouldn't say that Indian kids have any special skills in maths or science compared to americans. Contrary to what you claim, people are aware of H1s and offshoring(may be so much on the exploitation of L1) as they talk to friends and family and guidance counselors at school. Most of the IT jobs were Indian H1-bs are employed doesn't even need computer science or engineering degree. Some of the best architects I have seen in IT didn't have a computer science major. A green-horn from TCS/INFY with a computer science degree and pretending to be an architect doesn't mean he is the best IT professional available in the market.
A computer science degree is not a mujst but it should be in related fields of science, math or engineering. can you show me a pharmacist or physician who is an architect ? The guy who is hiring a professional will determine who is the best suited for his needs? If the guy from TCS/Infy does not suit his needs he can find the best guy available to him. You can not judge who is best suited for all jobs available. And in this economy if a person's skill does not suit the job he is out of the door pretty quickly.
more...
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ras
08-08 10:06 AM
Good job analysing this particular issue. Appreciate ur patience in sharing with others.
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.
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wandmaker
01-09 11:16 PM
These two threads should be on the top
Massive IV campaign for Administrative fixes
http://immigrationvoice.org/forum/showthread.php?t=16506
Send Letters
Action alert: Please express your support for IV
http://immigrationvoice.org/forum/showthread.php?t=16556
Signup for monthly contribution and contribute any amount through paypal.
Massive IV campaign for Administrative fixes
http://immigrationvoice.org/forum/showthread.php?t=16506
Send Letters
Action alert: Please express your support for IV
http://immigrationvoice.org/forum/showthread.php?t=16556
Signup for monthly contribution and contribute any amount through paypal.
more...
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nuke
09-24 02:09 PM
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
dresses Houston Astros New Era 59fifty
puddonhead
06-18 11:40 AM
One more thing....
<Puddonhead puts his lecturing hat on to boast about his "knowledge">
Some of you guys have admirable abilities of using rhetoric (http://en.wikipedia.org/wiki/Rhetoric_(Aristotle)). However, in this particular discussion - I guess it will help us all if we could keep the hectoring and general negative rhetoric out of it. Calling someone anti-immigrant in a derogatory fashion because he is opposed to our views - is negative rhetoric. So is the comparison of L1 abuse with house burglary.
The lawyers are taught the "Socratic Method" (http://en.wikipedia.org/wiki/Socratic_method) - to chafe out logic from the thicket of rhetoric. This is specially important when we are discussing something from different positions.
Hope we can get over it and find some common ground.
</Puddonhead takes off his lecturing hat>
<Puddonhead puts his lecturing hat on to boast about his "knowledge">
Some of you guys have admirable abilities of using rhetoric (http://en.wikipedia.org/wiki/Rhetoric_(Aristotle)). However, in this particular discussion - I guess it will help us all if we could keep the hectoring and general negative rhetoric out of it. Calling someone anti-immigrant in a derogatory fashion because he is opposed to our views - is negative rhetoric. So is the comparison of L1 abuse with house burglary.
The lawyers are taught the "Socratic Method" (http://en.wikipedia.org/wiki/Socratic_method) - to chafe out logic from the thicket of rhetoric. This is specially important when we are discussing something from different positions.
Hope we can get over it and find some common ground.
</Puddonhead takes off his lecturing hat>
more...
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manderson
07-13 10:07 AM
I thought he might say something stupid about the Hindu Prayer disruption in Senate yesterday. However he didn't bring it up. But the way it's been going his "faux pas" (anti-Italian remarks during Italian parade in Little Italy, anti-Latino, anti-Indian and anti-Chinese remarks such as "socio-ethnic interest groups", "foriegn" and "cheap labor", "Communist China" and ofcourse the 7000 lepers in 3 years...) are all building up and sooner or later something will give.
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PDOCT05
10-08 10:34 AM
I am july 3rd filer, still waiting for receipt. In your e-mail you said there was LUD on your I-140 date 07/28. What it means...did you file I-140 and I-485 together? is there any connection in getting receipt of I-485 and LUD on I-140, just curious becasue I am also seeing LUD of 07/28 on my I-140 but my I-140 got approved in 2006.
Waiting for reply.
I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.
Waiting for reply.
I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.
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SanjayP
05-09 03:04 PM
you are both quite the racists. :eek: i question the wisdom of such attacks as it makes both sides look desperate. it is best if one side looks content. Let it roll off of the back like water on a duck.
anda007
07-11 03:01 AM
Dear Non-Indian Members,
When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries
She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days)
I would suggest, that non-Indians, please contact Xiyun @
email:yangx@washpost.com
office phone: 202 334 6701
Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else
We definitely want to make this an universal issue and not just an Indian Issue
Anand Sharma
When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries
She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days)
I would suggest, that non-Indians, please contact Xiyun @
email:yangx@washpost.com
office phone: 202 334 6701
Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else
We definitely want to make this an universal issue and not just an Indian Issue
Anand Sharma
bazuka6
10-29 11:21 PM
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.
Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
Please change Dear Madam to Dear Ms. Velarde....
Madam can be taken out of context (esp in Washington ;) )
I mailed all 4 after changes
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo�s require that I485�s should not be denied based on that � provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID � again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo�s for whatever the reasons.
Obviously this will have a very bad impact on us � in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
Please change Dear Madam to Dear Ms. Velarde....
Madam can be taken out of context (esp in Washington ;) )
I mailed all 4 after changes
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