abuddyz
01-24 09:02 AM
My H1 extension and transfer to a new employer was approved around Feb 2007 and validity is between mar 2007 and feb 2010.
So did you guys notice a pattern here ?
hmmm.. i had noticed that for couple of persons whose approval was done early got their passport immediately but in you case it is not true!! :confused: so I guess it is difficult to decide any pattern.. (i am not sure whether it is related to H1 approval of any specific center.. if we decide some template and ask everyone to post all such details that might help but i am not sure whether everyone will follow that template...) was there anything complex in your case which you think might have caused this problem?
my H1 approval was done in April 2007 and I have my appointment in Feb 1 st week. I will post my details as soon as my interview is done.. Good luck to you..
So did you guys notice a pattern here ?
hmmm.. i had noticed that for couple of persons whose approval was done early got their passport immediately but in you case it is not true!! :confused: so I guess it is difficult to decide any pattern.. (i am not sure whether it is related to H1 approval of any specific center.. if we decide some template and ask everyone to post all such details that might help but i am not sure whether everyone will follow that template...) was there anything complex in your case which you think might have caused this problem?
my H1 approval was done in April 2007 and I have my appointment in Feb 1 st week. I will post my details as soon as my interview is done.. Good luck to you..
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nixstor
06-29 04:29 PM
Here is why it will not happen on the first 3 or 4 days atleast.
This is not like H1B, which was hyped around for 2 months and forced every one to file on Apr 1st. More over it has a cap of 65k on it.
The most imp thing is there must be some rationale or logic (other than for fees etc) behind how they could make every category current. Some of you might know that DOS gives USCIS visa numbers quarterly. It means that the final quarter quota has not opened yet. The final quarter quota for EB1/2/3 is around 22000 (approx 7500X3). The EB5 leftovers ( conservatively 9000 , see 2006 stats) will also be added to the EB1 and possibly down to EB2/3 . The total number of visas that will be available to USCIS on Jul 2nd (first fiscal day of final quarter)is 31-33,000. The per country limits are relaxed in the final quarter so that unused go to the over subscribed countries.
DOS has to be utterly dumb, insane and ludacris to make every category current, if these 33K are the only numbers available. If DOS and USCIS has statistics for the first 3 quarters ( first 2 quarters + 2 months of 3rd quarter) telling that all the visa numbers released were in the previous quarters were consumed 100%, they would not make it current. That kinda tells us that the numbers allocated in the first 3 quarters were severely under utilized. How severely? No one knows as DOS does not do per quarter statistics.
More over, If its written into law that DOS can only issue VB once per month, and cannot update it during the month, they cannot do a damn thing. If it's not, it comes down to the implementation and interpretation of the agency. USCIS and DOS can release an updated bulletin if they get an over whelming filings for EB 485. Again, there is not enough time for USCIS/DOS to prepare like they did for H1, because the rumor has been out for 4 or 5 days. It might happen in the 2nd week or so if its not written into law.
The sad part is lawyers who are supposed to give concrete information are driving these insane rumors and the beneficiaries are going crazy. Looks like some lawyers have to understand that "Some key strokes can cause significant damage to their reputation"
This is not like H1B, which was hyped around for 2 months and forced every one to file on Apr 1st. More over it has a cap of 65k on it.
The most imp thing is there must be some rationale or logic (other than for fees etc) behind how they could make every category current. Some of you might know that DOS gives USCIS visa numbers quarterly. It means that the final quarter quota has not opened yet. The final quarter quota for EB1/2/3 is around 22000 (approx 7500X3). The EB5 leftovers ( conservatively 9000 , see 2006 stats) will also be added to the EB1 and possibly down to EB2/3 . The total number of visas that will be available to USCIS on Jul 2nd (first fiscal day of final quarter)is 31-33,000. The per country limits are relaxed in the final quarter so that unused go to the over subscribed countries.
DOS has to be utterly dumb, insane and ludacris to make every category current, if these 33K are the only numbers available. If DOS and USCIS has statistics for the first 3 quarters ( first 2 quarters + 2 months of 3rd quarter) telling that all the visa numbers released were in the previous quarters were consumed 100%, they would not make it current. That kinda tells us that the numbers allocated in the first 3 quarters were severely under utilized. How severely? No one knows as DOS does not do per quarter statistics.
More over, If its written into law that DOS can only issue VB once per month, and cannot update it during the month, they cannot do a damn thing. If it's not, it comes down to the implementation and interpretation of the agency. USCIS and DOS can release an updated bulletin if they get an over whelming filings for EB 485. Again, there is not enough time for USCIS/DOS to prepare like they did for H1, because the rumor has been out for 4 or 5 days. It might happen in the 2nd week or so if its not written into law.
The sad part is lawyers who are supposed to give concrete information are driving these insane rumors and the beneficiaries are going crazy. Looks like some lawyers have to understand that "Some key strokes can cause significant damage to their reputation"
WaldenPond
01-02 10:56 AM
This time atleast there will be some democrats to vote for our bill, unless the anti guys find some way of preventing them from participating in it.
--MC
Hello mchundi, Would you like to participate in the joint effort to talk to lawmakers on both sides so that more democrats would vote in favor of the bill.
--MC
Hello mchundi, Would you like to participate in the joint effort to talk to lawmakers on both sides so that more democrats would vote in favor of the bill.
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mhathi
01-11 02:33 PM
Thats is waht they say.. But their actions always show that they are against ALL immigration. Some of us have been looking at them for a while now. As you can see, they DO NOT support the letter campaign.
I agree with you, it does not make sense... but go figure!
I agree with you, it does not make sense... but go figure!
more...
tawlibann
03-26 06:22 PM
Agreed. But EAD doesn�t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it�s a waste of time/money for the company to consult with the legal department.
I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.
I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.
snathan
04-01 03:51 PM
Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.
Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?
Perhaps he meant September 2006.
This is not I-485 and its a CP case...
Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?
Perhaps he meant September 2006.
This is not I-485 and its a CP case...
more...
desi3933
01-30 10:03 AM
Hmmm - not sure because, if the job requires that someone must have security clearance - the job must clearly mention that someone with security clearance is needed. What is the point in hiring a citizen without security clearance (unless they want you to get clearance aftewr hiring)
Non discriminatory postings look like this
(1) Authorized to work in US for any employer
(2) Requires a security clearance
One cannot specifically say - I don't want EAD or GC or I want only Citizens.
Desi3933 and other knowledgeable folks out here - please write your comments. I hope I am not wrong.
There are 3 kind of jobs -
1. Jobs that require active security clearance - this kind of job is only limited to US citizen that have security clearance of that level. Yes, tehre are different levels in security clearance as well.
2. Jobs that will be in unit where everyone must be US citizen. These kind of jobs can be filled by US citizen without the need of any security clearance.
3. Jobs that are open for everyone - One must have active work authorization.
The vast majority of the jobs are of type #3. In any case, if job requires US citizen, the hiring place must be able to answer why that job is restricted to US citizens only.
_________________________
US citizen of Indian origin
Not a legal advice
Non discriminatory postings look like this
(1) Authorized to work in US for any employer
(2) Requires a security clearance
One cannot specifically say - I don't want EAD or GC or I want only Citizens.
Desi3933 and other knowledgeable folks out here - please write your comments. I hope I am not wrong.
There are 3 kind of jobs -
1. Jobs that require active security clearance - this kind of job is only limited to US citizen that have security clearance of that level. Yes, tehre are different levels in security clearance as well.
2. Jobs that will be in unit where everyone must be US citizen. These kind of jobs can be filled by US citizen without the need of any security clearance.
3. Jobs that are open for everyone - One must have active work authorization.
The vast majority of the jobs are of type #3. In any case, if job requires US citizen, the hiring place must be able to answer why that job is restricted to US citizens only.
_________________________
US citizen of Indian origin
Not a legal advice
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wizkid732
08-17 01:06 PM
Hey, congrats, enjoy your freedom.
Your Case Status: Decision
On August 17, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
Case Status changed to Decision..with the above message today.
After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.
Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.
Cheers..
Your Case Status: Decision
On August 17, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
Case Status changed to Decision..with the above message today.
After 2 failed marriages (i mean with 2 different companies)...some risk-taking ..coz, i left my second employer after crossing 200 days since filing I-485 , Used EAD and took up full-time employment with an awesome organization , and then later 2nd employer revoking I-140 that lead to an RFE ...and USCIS keeping the status Response received since Jan 2009 ...and now this ...after opening an SR on 08/10..Looks like it took an exact week since the SR was created.
Of course, my roller-coaster was a small one compared to the rest of the friends in this forum.. Good luck to all and thanks to one and everyone.
Cheers..
more...
nrk
08-13 11:40 AM
congrats
Posted the first message in a different place.. Got the approval notice "Welcome to United States of America" in mail yesterday morning as well..
--------------------------------------------------------
Got email approvals on our I485 with PD of Mar10 2006 on EB-2..
For myself:
On August 5, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
Your Case Status: Card/ Document Production
On August 6, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
For my spouse:
On August 5, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
Country of Chargeability
India
Service Center
Nebraska
Labor Type
Perm
Perm Center
Atlanta
Labor Approval Date
03/10/2006
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
05/10/2006
I140 Filing Type
Regular
I140 Approval Date
10/17/2006
July 2007 Filer
Yes
I485 Mailed Date
07/30/2007
I485 USCIS Rcvd Date
08/06/2007
I485 Rcpt Notice Date
09/10/2007
Finger Print Notice Date
09/18/2007
Posted the first message in a different place.. Got the approval notice "Welcome to United States of America" in mail yesterday morning as well..
--------------------------------------------------------
Got email approvals on our I485 with PD of Mar10 2006 on EB-2..
For myself:
On August 5, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
Your Case Status: Card/ Document Production
On August 6, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
For my spouse:
On August 5, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
Country of Chargeability
India
Service Center
Nebraska
Labor Type
Perm
Perm Center
Atlanta
Labor Approval Date
03/10/2006
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
05/10/2006
I140 Filing Type
Regular
I140 Approval Date
10/17/2006
July 2007 Filer
Yes
I485 Mailed Date
07/30/2007
I485 USCIS Rcvd Date
08/06/2007
I485 Rcpt Notice Date
09/10/2007
Finger Print Notice Date
09/18/2007
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WaldenPond
01-08 02:12 PM
I must say y'all are doing a commendable job. I have contributed $$ and would do so more in the future if needed.
I remember Senate Majority Leader Bill Frist saying that the comprehensive immigration reform bill will be handled in February 2006. Is the schedule still the same. I am keeping my fingers crossed and hope that everyone of us stuck in this immigration hell-hole will get a relief from the comprehensive immigration reform bills that (hopefully) will be passed in 02/06.
Thank you.
Hello PD073102VA,
Thank You for the contribution, positive feeback and encouragement. Please check you private message.
Thanks,
-WP
I remember Senate Majority Leader Bill Frist saying that the comprehensive immigration reform bill will be handled in February 2006. Is the schedule still the same. I am keeping my fingers crossed and hope that everyone of us stuck in this immigration hell-hole will get a relief from the comprehensive immigration reform bills that (hopefully) will be passed in 02/06.
Thank you.
Hello PD073102VA,
Thank You for the contribution, positive feeback and encouragement. Please check you private message.
Thanks,
-WP
more...
makemygc
08-09 12:34 PM
When does the clock start for the FBI name check delay? In other words, when people say my name check is pending for 20 months, what exactly is the starting point....is it the day you file your 485?
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smisachu
01-02 02:20 AM
I have an appointment at Kolkata on the 11th. Scheduled to fly back to US on the 26th. Considering Martin Luther king Jr day it will be 9 working days. After seeing the PIMS delays, I am seriously considering return back on AP. Cannot take the risk of delaying the flight as I dont have vacations to hang around and wait for PP.
more...
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ganguteli
06-17 02:12 PM
Good job slumdogs. You are becoming a puppet of anti-immigrants. Today they are using you to throw your L1 brothers out. Tomorrow they will throw you out. There is fraud in H1 too. No visa is perfect. Just like no American citizen is perfect. 1 in 100 citizen has gone to jail.
If you have so much energy and motivation, why don't you go after anti-immigrants and expose their evil.
Educated idiots!
If you have so much energy and motivation, why don't you go after anti-immigrants and expose their evil.
Educated idiots!
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chanduv23
01-07 09:47 PM
Contact your lawyers, have them send this message to their clients and also have them post this on their website.
Reach out to your friends, urge them to send letters, ask them to send this to their friends - do not sit back and relax till they do it.
Post on community websites, blogs, post this message on notice boards, distribute fliers and post fliers on grocery stores and other places.
Keep spreading the message - JUST DON'T RELAX.
Contact other organizations, contact media personnel, contact influential personnel, contact community leaders, contact students associations, contact fellow American citizens.. Spread this message to everyone.
THIS HA TO BE THE BIGGEST CAMPAIGN IN THE HISTORY AND THE SUCCESS LIES IN THE HANDS OF OUR MEMBERS.
WITH UTMOST HONESTY AND SINCERITY PLEASE HELP IN THIS CAMPAIGN WITH YOUR FULL MIGHT.
Reach out to your friends, urge them to send letters, ask them to send this to their friends - do not sit back and relax till they do it.
Post on community websites, blogs, post this message on notice boards, distribute fliers and post fliers on grocery stores and other places.
Keep spreading the message - JUST DON'T RELAX.
Contact other organizations, contact media personnel, contact influential personnel, contact community leaders, contact students associations, contact fellow American citizens.. Spread this message to everyone.
THIS HA TO BE THE BIGGEST CAMPAIGN IN THE HISTORY AND THE SUCCESS LIES IN THE HANDS OF OUR MEMBERS.
WITH UTMOST HONESTY AND SINCERITY PLEASE HELP IN THIS CAMPAIGN WITH YOUR FULL MIGHT.
more...
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Green.Tech
09-16 11:26 AM
Each and every call makes a difference!
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ashokK
09-20 11:28 AM
All thanks goes to sanjayb who is maintaining the list. Please post info in following forum. He will add in list.
http://immigrationvoice.org/forum/showthread.php?t=5935&page=295
Also send fax/email to congressmen/senator/Assit Chief of USCIS. I did my part.
CAdude, I did post in the the thread you gave me...Thanks
http://immigrationvoice.org/forum/showthread.php?t=5935&page=295
Also send fax/email to congressmen/senator/Assit Chief of USCIS. I did my part.
CAdude, I did post in the the thread you gave me...Thanks
more...
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EndlessWait
01-24 03:45 PM
how quick we are to blame the Indian Govt.......??
Continental has direct flights to Delhi and Mumbai from Newark, Jet flies from both JFK and Newark, Air India flies direct as well, American flies from Chicago direct.
Many Middle East airlines (Qatar, Emirates) fly from New York to their respective hubs in Middle East and then to multiple cities in India.
Aeroflot ( my parents had a great experience on the airline - good food, courteous service and good new boeing planes) flies to Moscow and then to India.
West Coast folks can fly via Singapore or HK or Malaysia........
With so many choices - why should we even bother to patronize the London airport - i have no idea.....
Though i have a GC and dont need a TV for london - i hate to patronize such unfriendly airport systems.
it would be nice to see indian corps. to start flights from all major US cities...just bypass UK and the gang.
I live in Boston area and cant use the flights which u just mentioned..and by the way if it wasn't for the poor response of the Indian govt. we would have a had a thriving international airline industry.. have u seen the airport, the service of indian airlines..i'd more than happy to use indian flights if they only improved in world class sense..
one reason why countries like UK can exploit us is becoz they know we don't have a better choice..
Continental has direct flights to Delhi and Mumbai from Newark, Jet flies from both JFK and Newark, Air India flies direct as well, American flies from Chicago direct.
Many Middle East airlines (Qatar, Emirates) fly from New York to their respective hubs in Middle East and then to multiple cities in India.
Aeroflot ( my parents had a great experience on the airline - good food, courteous service and good new boeing planes) flies to Moscow and then to India.
West Coast folks can fly via Singapore or HK or Malaysia........
With so many choices - why should we even bother to patronize the London airport - i have no idea.....
Though i have a GC and dont need a TV for london - i hate to patronize such unfriendly airport systems.
it would be nice to see indian corps. to start flights from all major US cities...just bypass UK and the gang.
I live in Boston area and cant use the flights which u just mentioned..and by the way if it wasn't for the poor response of the Indian govt. we would have a had a thriving international airline industry.. have u seen the airport, the service of indian airlines..i'd more than happy to use indian flights if they only improved in world class sense..
one reason why countries like UK can exploit us is becoz they know we don't have a better choice..
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ncrtpMay2004
09-24 02:59 PM
There are 37275 applications with PD of 2004 or earlier. Can we make an assumption that about 20 to 30% of these would try to port once economy turns around in the next 18 to 24 months? How will this impact wait time for a EB2 with PD Jan 2006?
I am really disappointed in the info provided via the foia effort. It told me that there are only 4118 applications before me. 4118 vs 28074. Worst kind of sick joke.
Based on the PD on my 140 Approval Notice (May-2004) there are 28074 applications before me. This is the correct date.
Based on the PD on my 485 Interview Notice (Aug-2007) there are 53192 applications before me.
I do not know how my application was counted when the data was put together.
I am really disappointed in the info provided via the foia effort. It told me that there are only 4118 applications before me. 4118 vs 28074. Worst kind of sick joke.
Based on the PD on my 140 Approval Notice (May-2004) there are 28074 applications before me. This is the correct date.
Based on the PD on my 485 Interview Notice (Aug-2007) there are 53192 applications before me.
I do not know how my application was counted when the data was put together.
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singhsa3
10-21 08:28 PM
Can you please state the source of ur information.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
unseenguy
06-15 07:01 PM
Thanks guys.. there may be a good news to share.. not from authorities BUT from our client side.. will confirm the same before announcing it here.. also awareness and education works at times... please keep your client management informed about this laws and regulations.
Good for you! All the best!
Good for you! All the best!
ramus
06-29 08:10 PM
Core members:
Do you have any thoughts on this? Should we get ready for law suit and help AILA with this?
Please comment?
Damn this sucking life man, no social life, no career life, no nothing life. Even animals must be living a better and meaningful life. It sucks big time, did it ever happen in history that uscis revised a visa bulletin on the day it is supposed to go into effect ....
We must fill their mailbox guys, let tham know this cannot be accepted.
uscis.webmaster@dhs.gov
National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)
Do you have any thoughts on this? Should we get ready for law suit and help AILA with this?
Please comment?
Damn this sucking life man, no social life, no career life, no nothing life. Even animals must be living a better and meaningful life. It sucks big time, did it ever happen in history that uscis revised a visa bulletin on the day it is supposed to go into effect ....
We must fill their mailbox guys, let tham know this cannot be accepted.
uscis.webmaster@dhs.gov
National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)
