Canadian_Dream
06-21 02:38 PM
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.
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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snathan
03-29 11:33 AM
This is good but the numbers are very less to do anything in the bigger picture(EB2+EB3 pending). Atleast something is better than nothing.
Hope this doesn't lead to laxing on the advocacy day agenda or less efforts from EB2 people on the verge. EB3 people stuck wtih pre -perm labor, no substitution should also be helped, and way to do it , recapture of unused numbers, hold on diversity lottery. Going through advocacy efforts. A united effort has a higher chance.
It may not have any impact on EB3 this year...but once the EB2 is cleared it will have an impact on EB3; may be in a year or two.
Hope this doesn't lead to laxing on the advocacy day agenda or less efforts from EB2 people on the verge. EB3 people stuck wtih pre -perm labor, no substitution should also be helped, and way to do it , recapture of unused numbers, hold on diversity lottery. Going through advocacy efforts. A united effort has a higher chance.
It may not have any impact on EB3 this year...but once the EB2 is cleared it will have an impact on EB3; may be in a year or two.
pop
01-19 10:57 PM
Godbless, I am sure you can get your post 6 years H-1B extension based on the Cornin and new Aytes memo of 12-5-2006. Can you ask your lawyer whether it is possible to file your H-1B extension after 01/26/2007 but BEFORE June 2007 or it must be filed before the expiry of your parolee I-94? Also, you said the Immigration Officer at the POE did not let you use your H visa but the AP. Is it because you showed him both of your H-1B visa and AP? If you did not show the AP, he would probably let you enter with the H-1B visa, right?
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caliguy
10-26 04:01 PM
Thanks @ fatjoe
Yeah, I know what you mean. But if one has waited for so long (13 years in my case), you want to see it in writing before you believe anything.
Yes, I will call TSC again in a couple hours.
Thanks for all the info and for all the support you have provided. Good luck to you, hopefully your spouses case will get approved soon too.
Alright, Congrats Caliguy!!!
I guess the emails and updates are sent by some kind of batch processing system. I got the email at 5:15 am, do you think that uscis guys would work that early...., duh....
So cool down, you will get email soon.
If you are doubtful, call uscis one more time, and confirm that your case is approved.
Yeah, I know what you mean. But if one has waited for so long (13 years in my case), you want to see it in writing before you believe anything.
Yes, I will call TSC again in a couple hours.
Thanks for all the info and for all the support you have provided. Good luck to you, hopefully your spouses case will get approved soon too.
Alright, Congrats Caliguy!!!
I guess the emails and updates are sent by some kind of batch processing system. I got the email at 5:15 am, do you think that uscis guys would work that early...., duh....
So cool down, you will get email soon.
If you are doubtful, call uscis one more time, and confirm that your case is approved.
more...
jungalee43
11-14 08:42 PM
He has many posts on this forum. Click on his user ID and send him PM. Additionally this thread should help you.
http://immigrationvoice.org/forum/showthread.php?t=22398
http://immigrationvoice.org/forum/showthread.php?t=22398
Saralayar
03-12 05:49 PM
The problem with IV core is they want to solve all the problems at once...which never going to happen... I really do not understand why they are not making this as an Action item and raise donations. let us make this sri1309 letter final and start sending it to congress (house, sensate members)
Pappu or any active IV Core members, we are waiting for your answer. How we can go on this?:confused:
Pappu or any active IV Core members, we are waiting for your answer. How we can go on this?:confused:
more...
nojoke
11-25 04:51 PM
Btw, who told you that guys like punjabi and others overbid or bought a house that they cannot afford? They could and still can afford these houses i.e. the monthly mortgage payments; the only thing they cannot do in the current market is to sell it (even at the price at which they bough i.e. break even) and that is why they are stuck with it if/when they decide to move to another city/job - so no point blaming these guys. If you want to blame somebody, blame the banks who appraised the same house at 500k 2 years back which they are appraising at 400k today, there in lies the problem.
Let me try to understand your logic. You don't have money and went to bank and requested that they help you out with a loan. They give you loan based on what you bid your house and it is all their fault. If only banks had refused the loan, you wouldn't have bought the house. Is this your logic? Do you ever think for yourself?:confused: I am not going to say that banks were not at fault. But to act like nothing is punjabi's fault is ridiculous.
BTW if you think he can afford it now wait for another year. The full impact of these mistakes will be known by then. We will be deep into a depression. We will have on top of it ALT-A resets and his house will lose more than 20K for sure. My opinion would be to sell it now and take the hit or wait and lose more. The housing will not rebound to the 2007 peek for a decade.
Let me try to understand your logic. You don't have money and went to bank and requested that they help you out with a loan. They give you loan based on what you bid your house and it is all their fault. If only banks had refused the loan, you wouldn't have bought the house. Is this your logic? Do you ever think for yourself?:confused: I am not going to say that banks were not at fault. But to act like nothing is punjabi's fault is ridiculous.
BTW if you think he can afford it now wait for another year. The full impact of these mistakes will be known by then. We will be deep into a depression. We will have on top of it ALT-A resets and his house will lose more than 20K for sure. My opinion would be to sell it now and take the hit or wait and lose more. The housing will not rebound to the 2007 peek for a decade.
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rameshk
04-01 10:02 AM
Well I could choose to make a one time donation of let us say $100. Or I could choose for 10 recurring donations for $10. What difference does it make?
Guys do not feed the freeloaders by telling anything you are reading in the donor forum. Let these people help themselves by signing up for recurring contributions if they want helpful nformation about their EB2 PD movemement. We are still not meeting of our advocacy day amount. It is all because most people want free lunches. This needs to stop. The 200 people going to DC tomorrow are going to speak for you and me for yours and mine greencard. They are taking time off and spending own money for you and me. Nothing is free in this world. IV is also doing this for you and me and we are taking it for granted. Let people do some good deed today if they want to know good information
Guys do not feed the freeloaders by telling anything you are reading in the donor forum. Let these people help themselves by signing up for recurring contributions if they want helpful nformation about their EB2 PD movemement. We are still not meeting of our advocacy day amount. It is all because most people want free lunches. This needs to stop. The 200 people going to DC tomorrow are going to speak for you and me for yours and mine greencard. They are taking time off and spending own money for you and me. Nothing is free in this world. IV is also doing this for you and me and we are taking it for granted. Let people do some good deed today if they want to know good information
more...
EB-VoiceImmigration
08-22 04:57 PM
Friends
Here is a suggestion, who ever decides to join Vonage now, can use a referral link from one of the member, who is already a vonage customer, so that he can get 2 months off. Now the member who got 2 months off, can either donate two months bill amount or one month (if he choose to retain one month off) to forum.;)
What do u guys think?
Infact not only this, we can use any other similar referral programs, like Direct TV 100 offer etc..
Here is a suggestion, who ever decides to join Vonage now, can use a referral link from one of the member, who is already a vonage customer, so that he can get 2 months off. Now the member who got 2 months off, can either donate two months bill amount or one month (if he choose to retain one month off) to forum.;)
What do u guys think?
Infact not only this, we can use any other similar referral programs, like Direct TV 100 offer etc..
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jonty_11
07-09 06:33 PM
nice...as always just like our taxes...this will go to the veterans also.
The credit will go to USCIS.
The credit will go to USCIS.
more...
jungalee43
09-09 02:20 PM
I am taking breaks from work and calling.
Rep. Johnson (GA): - talked and response was OK
Rep. Baldwin (Wis): - talked with a lady. Excellent response.
Rep. Berman (Calif): - talked and good response.
Ironically everywhere the person who takes the call says s/he can handle the matter.
I will keep calling and contact everyone on the list till evening.
Rep. Johnson (GA): - talked and response was OK
Rep. Baldwin (Wis): - talked with a lady. Excellent response.
Rep. Berman (Calif): - talked and good response.
Ironically everywhere the person who takes the call says s/he can handle the matter.
I will keep calling and contact everyone on the list till evening.
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drirshad
01-04 11:48 AM
Can we atleast run it by Attorney Khanna rskhanna@immigration.com or Mattew Of immigration-law.com get a feedback of the possibilities.
more...
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Saralayar
01-06 09:39 PM
Can any one take a lead on this and volunteer?. As I am not an expert in it, I am asking any of the members of IV to take initiative. We will support in what ever way..
Want to keep this alive...
^^Bump^^Bump^^
Want to keep this alive...
^^Bump^^Bump^^
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vikki76
10-05 02:56 PM
Hi vikki76, bpositive, dipika, caliguy, leoindiano:
If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)
If I am correct, your PDs are current, right? Do you guys know if your case was pre-adjudicated and/or assigned to an IO? I keep reading from the forums that some apps with PDs as late as Dec 2004 and a couple of Jan 2005 got approved. Wondering why the earlier (eg. mine is July 04) not approved yet. Could we all join togther and write a letter to Napolitino(Thanks to SoP for the idea) and ask her to take some action on our cases?
Yes my case is pre-adjudicated and currently with a IO.My colleagues who had filed around same time as me got it in September itself.I am thinking that we are just bit unlucky in that our apps haven't been picked up yet (depending which batch they landed up in)
more...
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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
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ishreeram
10-29 10:58 AM
Done.
more...
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Madhuri
06-26 02:46 PM
The salary in employer letter should match the one in labor or in I 140?
Mine is more in labor than I 140.
Mine is more in labor than I 140.
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Ramba
09-26 06:33 PM
This is complete non-sense. See the fact of capitalistic approch. Reckless free market approch brought the country to (wall) street. If no regulation and control by the government, the CEOs/Captialist screw you and me. see Enron. See WAMU. The CEO of WAMU walks away with millions of $ after screwing the bank. Where did you studied socialist goverment do not create high tech job? Captalistic form of government is good only if, the CEOs/capitalists are Gandi/Budda.
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gc_on_demand
04-01 03:59 PM
When you say "according the our calculations", and you can only come up with years (& not 1 year, 2 year), you have obviously not done a very accurate calculation/guestimation.
I wouldn't put too much stock into it.
There are two years (2006 and 2007 ) from 2006 to 2007 and you know language of all lawyers, so he is not wrong here too. I bet you if you can convince him to say 1-2 or 3 years.
I wouldn't put too much stock into it.
There are two years (2006 and 2007 ) from 2006 to 2007 and you know language of all lawyers, so he is not wrong here too. I bet you if you can convince him to say 1-2 or 3 years.
gvenkat
01-24 08:27 PM
all this is because of the stupid indian government.. they dont have treaties with any other country in the world... that is called visa reciprocation.
All tom, dick and harry to enter india needs a visa and hence all countries dont have that treaty...
the 2 countries tat dont need visas are St.Kitts and Nevis and jamaica....LOL
All tom, dick and harry to enter india needs a visa and hence all countries dont have that treaty...
the 2 countries tat dont need visas are St.Kitts and Nevis and jamaica....LOL
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.
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