GCBy3000
06-18 02:46 PM
Did you check the CP instead of AOS. I dont know the interview date now.
can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...
gautam
can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...
gautam
wallpaper ig sean what goes around
prashantc
01-27 11:01 AM
Well at least in Delhi and Chennai (India), they keep the passport after visa interview.
bestofall
09-30 05:52 PM
Guys
please report your Approvals in this thread . wish you luck for EB2 / EB3 guys whose PD s are current in October 2009
“If you think IV as an organization, IV’s leadership team and many members who donated their time and money were in anyways helpful in your GC journey, please consider making a “Thank You” donation to IV. Also, keep visiting IV and support your fellow immigrants stuck in this GC queue” __________________
please report your Approvals in this thread . wish you luck for EB2 / EB3 guys whose PD s are current in October 2009
“If you think IV as an organization, IV’s leadership team and many members who donated their time and money were in anyways helpful in your GC journey, please consider making a “Thank You” donation to IV. Also, keep visiting IV and support your fellow immigrants stuck in this GC queue” __________________
2011 Big Sean – #39;What Goes Around#39;
chanduv23
03-25 02:45 PM
This is a real problem. I got a letter from a prospective employer, who wanted proof that I was legally eligible to work in the US (alongwith transcripts, previous employment letters etc.) prior to scheduling an interview.:cool:
I believe employers are seeing a lot of candidates on EAD, and for whatever reasons they dont think EAD is good enough and would like to weed those candidates out beforehand.
We need to fight back against this discrimination.:mad:
I think h1b was considered as an initial filtering criteria where they do not have to deal with complexity. Now as they see more EAD trying to switch jobs, they are trying to apply the same filter. They do not understand that EAD is a valid document on the i 9 form.
So what if they find a lot of GC holders?
" Only Citizens please"
What if they find a lot of Citizens and very few h1b?
"Only h1b please" :)
I believe employers are seeing a lot of candidates on EAD, and for whatever reasons they dont think EAD is good enough and would like to weed those candidates out beforehand.
We need to fight back against this discrimination.:mad:
I think h1b was considered as an initial filtering criteria where they do not have to deal with complexity. Now as they see more EAD trying to switch jobs, they are trying to apply the same filter. They do not understand that EAD is a valid document on the i 9 form.
So what if they find a lot of GC holders?
" Only Citizens please"
What if they find a lot of Citizens and very few h1b?
"Only h1b please" :)
more...
Dhundhun
10-02 04:09 PM
USCIS has become efficient, by this time all (or most) of the EB2-I visa might have gone. I am wondering any 2005 approvals?
Basically this would give some idea, what to expect in Nov.
Basically this would give some idea, what to expect in Nov.
Green_Print
07-11 03:28 AM
In such trying times its awesome to find individuals in the media willing to lend a receptive ear to the hardships faced by all of us and write a wonderful news article on it. Its even more significant especially because when people who should be listening to our concerns and who have the ability to address these issues have turned deaf ears.
She and other media personnel who have helped highlight this issue deserve at least a thank you note.
Just my thoughts.....
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
She and other media personnel who have helped highlight this issue deserve at least a thank you note.
Just my thoughts.....
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
more...
gcdreamer05
08-18 09:48 AM
Hi AndyCool,
How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?
Can you please share what option you selected in the web page when you tried to open a Infopass appointment.
Thanks
Dreamer05
Same here
SR: on Aug 02 ...Got a Reply wait for 60 Days case under review
Info pass on Aug 05 : Got Reply case with officer wait 30 Days
Just waiting ..GOD ....Give me Green :rolleyes:
How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?
Can you please share what option you selected in the web page when you tried to open a Infopass appointment.
Thanks
Dreamer05
Same here
SR: on Aug 02 ...Got a Reply wait for 60 Days case under review
Info pass on Aug 05 : Got Reply case with officer wait 30 Days
Just waiting ..GOD ....Give me Green :rolleyes:
2010 What Goes Around Ft Big Sean
veni001
04-05 07:01 AM
Those cases are void at least per DOS. If you look at last month (or prev 6 months) demand data from DOS .
Demand Prior to Jan1st 2006 for EB2 I/C = 0
Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)
Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
Demand Prior to Jan1st 2006 for EB2 I/C = 0
Demand data reflects the latest and accurate. (at least this is the document DOS relies on to set the priority date in VB)
Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
more...
willwin
08-08 09:27 AM
I have the same question as I think, it is not possible. How can you re-apply for the same job you are in currently, in EB2?
If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?
If the job required a EB2 or EB3 but EB3 was filed earlier. Is that possible?
hair Big Sean – What Goes Around
ItIsNotFunny
11-12 11:46 AM
Bumping the original thread. I will try to keep this on top for today for people's attention.
more...
Ramba
08-21 12:46 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
hot Big Sean drops another amazing
admin
02-20 02:41 PM
Can someone explain why it seems harder to find backers in the house than in the senate for immigration reform (even the employment based legal immigration)? If we understand this, maybe it will help us focus our lobbying efforts better. Just a thought.
arihant,
The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.
But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.
arihant,
The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.
But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.
more...
house ig sean what goes around
akela_topchi
08-07 11:19 AM
Then why the heck are you still spending your time here..
Go somewhere else.. where your interests are better aligned..
Don't divide us.. We've enough problems already.
if NumbersUSA unites us.. and you divide us.. then I am sorry to say.. but I hate you more than I hate NumbersUSA.
Go somewhere else.. where your interests are better aligned..
Don't divide us.. We've enough problems already.
if NumbersUSA unites us.. and you divide us.. then I am sorry to say.. but I hate you more than I hate NumbersUSA.
tattoo Some new Big Sean and No I.D.?
andy garcia
06-15 01:43 PM
I filed a G28 to allow me to represent my wife. I did not use an attorney. If you are filing for more than one person then I think that a G28 is worth it. It is a trivial form.
This is written on the G28 page from CIS:
Notice of Entry of Appearance as Attorney or Representative
Purpose of Form :
To provide notice that an attorney or representative of a religious, charitable, social service or similar organization will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.
This is written on the G28 page from CIS:
Notice of Entry of Appearance as Attorney or Representative
Purpose of Form :
To provide notice that an attorney or representative of a religious, charitable, social service or similar organization will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.
more...
pictures Big Sean, “What Goes Around”
GCNeophyte
08-13 01:33 PM
Congrats.. its bit boring to ready through your story though..
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.
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.
dresses Big Sean : What Goes Around
kewlchap
10-12 03:11 PM
@ fatjoe:
"Assigned to an IO" is misleading. Do you know if it has been picked up by an IO or is it just waiting in the holding area (both of these are called assigned to IO)? If it has been picked up, I am confident of the 30 day range, based on my discussions with NSC people. If it is waiting to be picked up, then it can vary a lot.
You can email cisombudsman@dhs.gov, but they will ask you to send 7001. If you have already done that, wait. I know how difficult it is, 'coz I was in the same position last week, but have faith and wait. The fact that Nov. VB has not retrogressed indicates to me that they really do want to clear the backlog as much as possible.
"Assigned to an IO" is misleading. Do you know if it has been picked up by an IO or is it just waiting in the holding area (both of these are called assigned to IO)? If it has been picked up, I am confident of the 30 day range, based on my discussions with NSC people. If it is waiting to be picked up, then it can vary a lot.
You can email cisombudsman@dhs.gov, but they will ask you to send 7001. If you have already done that, wait. I know how difficult it is, 'coz I was in the same position last week, but have faith and wait. The fact that Nov. VB has not retrogressed indicates to me that they really do want to clear the backlog as much as possible.
more...
makeup Big Sean - What Goes Around
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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ivjobs
04-23 06:37 PM
what's the update on this?
Did it pass?
Did it pass?
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NKR
08-07 10:53 AM
Not cutting line my friend, just standing and waiting paitently in line for my number to come.
An EB3 guy had waited patiently after getting into GC queue and you come later with your masters and go ahead of him, isn;t this cutting the GC line?.
An EB3 guy had waited patiently after getting into GC queue and you come later with your masters and go ahead of him, isn;t this cutting the GC line?.
mbawa2574
04-24 04:19 PM
B1/B2 is always prone to reject by 221(b). Wont impact that much.
More jobs will offshore. Indian companies will lower their billing rates drastically as they will move away from onshore/offshore model.
Go Wipro Go infosys Go TCS !!!! Do it the other way.
More jobs will offshore. Indian companies will lower their billing rates drastically as they will move away from onshore/offshore model.
Go Wipro Go infosys Go TCS !!!! Do it the other way.
gautamkini
06-18 01:58 PM
NO They have to be in the US for AOS filing.
can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...
gautam
can i get her here on tourist visa and file for I485...my H1B extension is in process. the lawyer said it may take 4 months.. it was filed 15 days ago...
gautam