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  • gc_chahiye
    06-26 01:54 PM
    Multiple 485 and EAD filing

    --------------------------------------------------------------------------------

    Hi,

    My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.

    The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.

    Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).

    Any inputs or clarifications will be greatly appreciated.

    tkiller

    every lawyer who has OKed multiple 485s has specifically asked us to apply for EAD/AP on only one of the applications.





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  • engineer
    06-21 12:34 AM
    I heard that we have to provide all the address where we stayed in USA for filing I485. But very first time I came to USA almost 6-7 years back for short term and I do not remeber the actual address. Basically i do not remeber very first two address when I came here for short term. Is it a matter of concern.

    I believe if you get your Credit score reports from Experian and others, it lists all the addresses you ever lived in USA. You can get free Credit score reports from agency once a year.





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  • jonty_11
    06-29 03:59 PM
    if this rumor is true....then DAMN this GC.....!!!!!!!!!!!





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  • arihant
    02-20 02:13 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.



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  • needhelp!
    01-14 02:36 PM
    Those letters need to be going out..





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  • fatjoe
    10-05 11:00 PM
    @ fatjoe

    We should also check if we have a case to sue USCIS. Last year, they said they were going by receipt/notice date and not PDs. What are they going by this year? Hundreds of people with receipt/notice/PD later than mine have been approved. My PD is June 2004.

    Yes, lets send a letter collectively to Napolitino.
    Hi Cali: I think we should concentrate on getting our case approved first in a polite manner. Also, I think that we can form a nice letter, but send it separately, as our personal details are different.



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  • sc3
    08-20 07:54 PM
    Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.

    Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.

    INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.

    It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?

    This is awesome lead. It suggests that barring 203 (which does not talk much about per-country limits) and paragraph 2 (which goes moot when there is spill-over), there should be no discrimination. But does the anti-discrimination apply to "qualification requirements" ?? That will be the counter argument against applying this section.





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  • alias
    08-07 11:37 AM
    It's funny how many types of personalities you see in everyday life. I remember in my early childhood days there always use to be one guy at the least in my class who would do things that would freak everybody out....usually he would be the teacher's cutest student. But once the teacher was out.....maan his ass was all red in the hostel, in the class.....just kept running away from every other fellow student.....



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  • eb_retrogession
    01-05 09:15 AM
    Guys,

    We need this support from all over the country

    Jan is a VERY good time to catch up with your local congressman or their staff since the house isn't in session.

    I am preparing a presentation that can be used as talking points, and explain our case.

    We also need a 2-page writeup (glossary type thing) that we can email and leave it with them after the meeting. Can someone step up to do this?

    If you don't get an appointment with the congressman, atleast go talk with his staff. usually there are a couple of guys assigned with immigration reforms. It should not be hard to get appointments with them.

    Can we start people signing up for this in different states? I am hoping for a good response.





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  • srgadi
    09-10 06:30 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>>



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  • PavanV
    04-06 06:10 PM
    Politicians are politicians every where. India or USA their intensions are the same. Always cause a trouble to the ruling party, no mercy for the general public who suffer directly with their actions.

    Shutdown means no work for 800k fedaral employees. Hence no wages. But bills won't stop.

    Hope for the best.
    Fringe Warning Start---
    I am not into conspiracy theories, but this one sounds like one, i.e. Mr. Oppenhemer (not sure about the spelling), announced major advances to the EB 2 I queue in the last week of March, now did he know the government was shutting down ?, possibly, well if the Govt shuts down, all visa offices/ Passport / Immigration offices shutdown, so let us say if the dates do advance considerably, and voila the Govt shuts down, well most of the folks will be current but unable to file for change in status due to shutdown, and when the Govt comes back up so will the visa numbers retrogress. I hope I am totally wrong, but you never know.
    Fringe Warning End---





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  • Hunter
    05-09 05:30 AM
    I guess the genuine companies will move the H1/L1 staff abroad along with positions to meet this requirements if at all this becomes law. What that means is more job loss in US. (Whether US has 50% of total "high skilled" work force necessary to run the operations of all the companies is another important question... I do not think so, may be the senators are considering highschool dropouts to handle the "high skilled" jobs :), I read somewhere about a recent survey and only 27% of 25-45 age group of population has a college degree in all discipline. I will try to find the link)

    Over all, I see this move by senators as short sited and will prove disastrus to America in long run given the fact that no other country in the world is as dependent on technology / research and development as US.

    I also saw a quote from one of the Indian offshoring company CEOs that only 25% of Indian engineers are employable. May be highschool dropouts in US may not be that bad when contrasted against that statistics, after all Bill Gates was also a dropout. Also the dime-a-dozen so-called "engineering colleges" in India that feed Indian offshoring companies are known for QUANTITY and not QUALITY. Indian students go for (or their parents pay for) those courses offered in those colleges precisely because they offer a better future - i.e. they feel they get a good ROI on their investment, even if they don't have the interest or aptitude for Computer Science or engineering. These days, these facts are known to a lot of americans working in IT.

    If H1/L1 visa is restricted, that will give an incentive for americans to acquire a degree in science/engineering, just like the indian students taking courses in india offering a better ROI, as they get the feeling that they won't be discriminated in a job and investing $$$ in education is not going to be wasted. This is what President Obama also emphasized today about the need for fundamental change in unemployment allowances helping to retrain the laid-off workers.

    It will no doubt cut into the obscene profit margins of TCS/INFY etc., as they will be forced to play by the rules.



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  • asanghi
    05-16 04:20 PM
    Do you know how much time it will take to get that status change? What if your PD is no longer current?

    Yes it is a concern that I have to address. However I see 2 ways to work around it.

    1. Travel out of country get H4 stamping done based on my current H1B status

    or

    2. I apply for I-485 and add my wife later to the application when we have received her H4. In this case, once I have applied, I can add my wife to the application even if the dates are not current at that time.





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  • alias
    08-07 11:13 AM
    Yes, that is the part of the problem

    Dude, if that is your problem you should be in EB10, you can't even perform your job well and therefore should be under least desired category...



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  • willwin
    09-16 09:39 AM
    In my opinion, as they are running with these immigration related bills despite the tight schedule and limited time they have on their hands before they go on recess (for election), the chances (to pass these bills) have to be decently high. Otherwise, I doubt if they would put so much time and effort if they know for sure this would fail.

    However, as Pappu pointed out, the success relies a lot on we guys calling everyone on the list to seek their support and counter numberusa or similar groups' attempt to shoot these bills down.

    So, lets call - PLEASE.





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  • abhijitp
    07-31 06:07 PM
    You are trying to say I can sign an application then mail it with just fee. You think they will accept without any Initial Evidence. I know about them relaxing condition on Medical. When did they relax it for all other Initial Evidence as well.
    But I agree, these two things are different. Only medicals have been relaxed by USCIS via its press release. Since a lot of the lawyers have sent without some initial evidence, AILA should use its proven;-) negotiation skills to get USCIS to issue a new press release which ascertains that only singatures and filing fees are required at this time.



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  • Irs
    04-01 01:11 AM
    Sathesh,

    According to the below websites, seems it is the Immigrant's Final application and processing fee(and seems like your immigrant visa has been approved by USCIS*** according to http://www.americanlaw.com/consul_iv.html

    "In April of 1994, DOS opened the NVC, a permanent immigrant visa processing facility in Portsmouth, NH. NVC processes all approved immigrant petitions that it receives from USCIS. NVC will retain the petitions until the cases are ready for adjudication by a consular officer abroad. When an applicant's case is about to become current, the petition is forwarded to the appropriate U.S. embassy or consulate overseas. " ***

    ***from http://www.americanlaw.com/consul_iv.html

    http://amsterdam.usconsulate.gov/iv_fees.hml





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  • bajjuri77
    03-31 10:51 PM
    Does it needs subscription or just one time donation? I have donated one time. But it still not working for me too.





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  • diqingshen
    01-08 03:12 PM
    Multiple-Year Single EAD-AP Card Reportedly Limited to Visa Regrogression 485 Filers

    Some more details have been released on Mr. Aytes' statement on this plan. Reportedly, such multiple year card may be issued only to those who suffer the visa number retrogression. In other words, those 485 filers who will experience delays in 485 applications who do not suffer from the visa number retrogression but from the USCIS delays including namechecks are not likely to benefit from the upcoming multi-year card issuance.





    gg_ny
    08-09 02:30 PM
    Once again the petition protesting against namecheck delays misses the point. It is unreasonable to ask the FBI to "speed up" the process, they should be allowed to take as much time as they want.

    I want to recycle all the negative adjectives you have used in your mail on your statements ;-). Please read about NNCP, FBI and related congressional hearings and statements; about the GC for a muslim known to have Hezbollah connections but missed by FBI background checks and the kind of reactions in evoked in 2002; subsequent modifications in the name check process. Also, try to understand (!) that name checks are done for ALL APPLICANTS including for Soccer Spicegirl and her hubby Bechkam when they would apply under extraordinarily talented category. FBI does not look for visa category the applicant comes under; it is not their job. CIS is mandated to have the "background" check (of which namecheck is just one of the processes) cleared for ALL gc applicants. Then how can this be independent of gc process? What if the uncleared person gets gc and then becomes persona non granta (unavailable) for deportation if the checks fail? how about the benefits (SSN etc) and immi benefits (sponsorship etc.)? what if that person becomes an elected offcier (state governor?) and then the name check fails?

    The request to speed up the name checks is truly ridiculous. Stupidity like this is what harms legal H1-B immigrants the most.

    Do you understand the reasons for the delay? Read Pappu's postings carefully: the delay is not because of namechecks not cleared; delay is mainly because the FBI analysts DO NOT GET TO YOUR FILE for many years! They claim they could not keep up with demand for name checks from gc applicatns, naturalization applicants, sometimes other visa applicants, whitehouse visitors, political appointees to less prominent positions, would-be employees of coast guard and other sensitive defense establishments etc. etc. If that is the case what is wrong in asking FBI (I dont know who is doing it though) to speed up the process for legal immigratns? $100 X 500,000 = $50M; Even if one analyst costs ~100K per year (with benefits), then do the math!

    Stupidity in any form is harmful to H1Bs. Asking for expediting namecheck (even with a fat fee) is not one of them. But putting the mouths first where the minds should have been really harms anyone!





    pappu
    01-07 07:12 PM
    "Letter Template #1":

    Date:

    The Honorable George W. Bush
    President of the United States
    The White House
    1600 Pennsylvania Avenue NW
    Washington, DC 20500

    Dear Mr. President:

    I write today to urge you to fix America’s broken legal employment-based immigration system. Currently, more than 500,000 skilled individuals who contribute to the American economy through their hard work in high technology, scientific research, medicine and other fields find themselves trapped in a process that is hopelessly backlogged. If nothing is done, hundreds of thousands of immigrants will wait years or even decades in a process that was never intended to take so long. While comprehensive change will require legislative action, your administration can implement administrative remedies to improve America’s competitiveness, eliminate bureaucratic inefficiencies, and improve the quality of life for these legal, highly-skilled immigrants.

    Attracting and retaining the best and brightest minds from around the world is in America’s best interest. In February 2006, your Domestic Policy Council issued a report on the American Competitiveness Initiative that recognized the importance of employment-based immigration. The report stated:

    “The President also recognizes that enabling the world's most talented and hardest-working individuals to put their skills to work for America will increase our entrepreneurship and our international competitiveness, and will net many high-paying jobs for all Americans. The United States benefits from our ability to attract and retain needed immigrant and non-immigrant students and workers, and it is important that America remains competitive in attracting talented foreign nationals.”

    You can advance your stated objective by making common-sense administrative reforms to fix a system that is clearly broken.

    Implementing much-needed reforms will also free government resources to focus on pressing national security matters. For example, current rules require the Department of Homeland Security to renew the Employment Authorization Documents (EADs) of hundreds of thousands of legal immigrants each year as those immigrants wait for green cards and permanent residency in the U.S. Rather than renew these EADs annually, the government could renew these documents every three years, freeing countless hours that could be better spent serving the Department’s mission.

    The greatest impact of the broken green card process is borne by the legal immigrants and their families. The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended. During this wait for a green card, these immigrants remain trapped in a legal maze, unable to change jobs – even within the same employer – without starting the arduous immigration process over again, and subject to waits that grow longer and longer.

    We implore you to exercise your authority to implement administratively these much-needed reforms.

    • Recapture administratively the unused visas for permanent residency to fulfill the congressional mandate of 140,000 green cards per year.

    • Revise the administrative definition of “same or similar” to allow slight additional job flexibility for legal immigrants awaiting adjudication of adjustment of status (I-485) petitions.

    • Allow filing of Adjustment of Status (Form I-485) when a visa number is not available.

    • Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.

    • Allow visa revalidation in the United States.

    • Reinstate premium processing of Immigrant Petitions.

    I urge you to implement these administrative remedies without delay. Action is urgently needed to fulfill your stated goal of attracting and retaining highly-skilled legal immigrants from around the world, eliminating bureaucratic inefficiency, and improving the lives of future Americans already living and working legally in the United States.

    Thank you for your attention to this matter.

    Respectfully,

    <<Name>>
    <<Address>>
    <<Phone Number>>