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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.





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  • Keeme
    09-09 01:03 PM
    Good to see some initiatives on flower / call campaign.

    Please, while sending flowers/ calling Congress members - fax the copy on what Alen Greenspan said few weeks back. Its VERY important they know about this - http://news.yahoo.com/s/nm/20080813/...y_greenspan_dc

    I have said it before and will say it again - " Nothing else but ONLY 'current economy ' will make this bill pass ". To get enonomy back on track, they need to fix housing market first.





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  • jsb
    10-12 03:32 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D

    CADude,

    Do you have postal address or fax of Ombudsman office readily available with you? I remember having seen it, but can't quickly find it. I will send my details to Mr. . USCIS simply brushed aside the issue of FIFO by just saying that it could only be a rare case of an error or special attention needed, which obviously is not true.





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  • mamit
    02-20 04:52 PM
    They should have your info unless consulate hasn't sent it. they use your passport number as reference. so call again if they didn't use your passport number to search. in any case ping the consulate again.

    Thanks Bpositive. Actually this time I asked my friend in US to call DOS, and he used the computerized answering system with my petition number and they did say that my H1-B petition has been approved. I don't know if I mispronounced/mistyped anything when I did it last week, but at least now I'm sure that it is on DOS' system. Thats the same thing I heard when I called KCC, that my petition was approved in April 2007. Or maybe I should've asked them if they've access to PIMS. It's frustrating man, I never thought at this stage of career, entry-level that is, I will be stalled by things like this. Well I hope in the end I can find a rational explanation to why things turned out the way they did.

    For the new folks in the forum, its been 75 days and am still waiting for my H1 visa. I guess I should also talk to that Mexican Emabassy and see if my case shows up on the PIMS or not. The only problem with New Delhi embassy is that when I call them, all they say is that the case is still pending, and nothing else. I don't even know if I should curse them for being incompetent, or maybe that is all their job entails (I'm not being condescending here). Is it advisable for me to go to New Delhi personally? This is a mess, but as long as its in God's design, I'm ok with it. I just don't wanna feel later that if I had done this ... blah blah, then I could've expedited the whole stuff. That'd be a bummer. Well at least I need to be focussed and keep my head straight. That I can control, and thats what I'm taking solace in.



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  • pappu
    08-20 12:00 PM
    I remember 11 years ago calls to India were 75 cents per minute.
    Now they are 1 cents a minute if you use Airtel.
    This Vonage offer is truly revolutionary for international calling to the 60 countries listed. I suspect soon other VOP services in USA will start providing free calls to India once they see customers switching over to Vonage. This should include VOIP service providers that also provide internet and cable services. If they do not catch up, cable companies will lose customers in the phone sector. If ooma: Free home phone service. Call anywhere in the US with no monthly fees. (http://www.ooma.com/) , MagicJack or Skype provides this, it will be much for cost effective to customers.

    Such services will help bridge the communication gap between immigrants in USA and their home countries. It will feel like making a local call to family and friends anywhere in the world.





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  • Ramba
    09-24 06:48 PM
    Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.



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  • prashantc
    01-22 12:08 PM
    Interviewed: Jan 2 2008
    VO said visa approved, will receive in 7 days
    Jan 18: received a call from the consulate, said the petition number on the application is incorrect, and I need to resubmit the approval notice with fresh DS 156/157 at the Bangalore VFS drop box.

    Has anyone else been through the same situation?

    I checked a copy of the original DS-156/157, and there was no place to enter receipt number. The only place I could see was where the VFS pre-screening guys enter this number manually (first page DS 156 top right corner).

    If this is due to their mistake, I will be very angry and will convey this to the consulate general.





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  • gpawar
    01-14 02:16 AM
    Hi,

    I'd appeared for my H1B (F1 to H1) Visa interview on the 4th Jan at Mumbai. After almost 4 hours of waiting, the visa officer told me that they were unable to view/ verify my I-797 info as it was not updated in their Database. I was also told that this is an existing issue and that I should ask my company lawers to contact the Immigration Services office at DC. On being asked she told me the eta was 7-10 business days (or however long it takes for the info to get updated). I was then given the yellow slip and asked to submit my passport for stamping, after I receive an email indicating that my data is now updated. it's been 8 business days since my initial interview and I still haven't received any emails or calls.

    1) anyone who interviewed on or around 4th Jan who has received a call or email?
    2) Anyone who's aware of the procedure by which my company can expidite this issue (maybe through our lawyers)
    3) any additional info on how long the wait might be?

    I was told that on the 27th dec there were about 350 H1b pending cases (yellow slip) at the Mumbai consulate and around 150- 200 similar cases the following days. A freind of mine who appeared for his H1b interview on the 7th breezed through it with no issues.

    Thanks very much!



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  • FUNTIMES
    09-24 09:15 PM
    I am in a unique situation. I had concurrently filed I-140 and 485(EAD and AP as well) on July 2nd. I received my 485 recripts and EAD Cards but no trace of my concurrently filed 140. 140 check also is not cached. All my applications (140 and 485 were sent in the same packet). Called USCIS and received the routine answer that 140 is not in the system yet and have to wait. Any one else in the same situation





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  • bkn96
    11-17 11:50 AM
    I don't have H1 backup and already in 8th year. I am on self employment, But my lawyer suggested to apply H1extension (through my company) as a backup if MTR denied. If MTR are successful they I don't have to go on through H1 hassle again..



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  • karl65
    08-11 12:35 PM
    I called today to help a friend who has been stuck in namecheck status for almost a year and a half and spoke to an immigration officer who calmly explained to me that the name check isn't done only nationally but also "internationally" meaning, not only do they do a background check on you in the US, they also look you up in your country of origin. In all my time reading about this I have never heard her version before, so I had assumed the namecheck was only done at the national level. No wonder it's taking so long, with the FBI waiting for a response from those countries. :(

    Unfortunately it is true. I have read that this check is done especially for people whose country is consider in risk. For example I am from Peru. My country has drug traffic problems, so my name must be checked with the Peruvian police records too.

    That�s life!!!!!!





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  • TeddyKoochu
    04-01 10:50 AM
    I think we going to get 8k from EB5 , 12k + from EB1 and what u think for EB2 ROW ? last year EB2 Total = 53 k - EB2 IC (25k) = 27-28k EB2 while they supposed to get 35-36k.means spill from EB2 row was 8k-10k. EB1 gave 1-2 k.

    if we get same from EB2 row and Eb5 then total spill will be 8 (EB2 row ) + 8 (Eb5 ) + 2 (Eb1) + 12 (Eb1 ) = 30k. Demand upto July 2007 is 32k - 33k... so more chances of June 2007. if we get more from EB1 and Eb2 row then chnaces for july aug 2007 are more and more...

    I believe that we will get 14-15K from EB2 ROW, EB1 = 12K (currently) + 6K (Minimum), regular cap I/C 6K. Eb2 row usage is down to 60%.

    Total Numbers = 14 + 18 + 6 = 38K.
    Now total demand is not just 34K demand data we also have porting and new filings especially from May - Jul 2007. My assumption of porting has been 6K out of which 2K have been approved.

    So really its almost an exact match till Jul - Aug 2007. We should wait for the May bulletin thing to come true firts I believe VDLRAO gave a great calculation for that.



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  • pappu
    05-09 11:17 AM
    Folks,

    I would like to run a questions by you guys/gals. I am getting ready to file my I-485 application. My lawyer requested that I find all copies of my I-20, OPT EAD, H1-B's etc. My question is do we have to submit copies of I-20, and OPT EAD for the Adjustment of status (I-485) stage ? Please let me know what you think ?

    I-20 is from a university that accept students in the US. The F1 student visa is issued based on the I-20.
    OPT EAD - Is one year of practical training that is allowed after graduation
    It would help if someone can put a list of all documents needed for 485 filing on this thread to help all such questions.





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  • eb3_2004
    08-20 03:00 PM
    It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.

    Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?

    or

    2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.

    If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.



    Suggestion to go via AILA is a good one, but do we have contact into AILA??

    I feel it is Choice 2 as Choice 1 is not possible..If Choice 1 is the case how is EB5-->EB1-->Eb2 happening now justified???

    Also, Is EB1-I/EB1-ROW quota used up every year???If not that has to trickle down to EB2 and EB3 if they change the EB3 allocation interpretation.



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  • indianabacklog
    06-28 07:32 AM
    Can anybody tell me what do i need to put on I-765 , Q11, as i am not able to rely on my company's attorney.


    11.Have you ever applied for employment authorization from USCIS?


    As per the following link - http://www.uga.edu/oie/ISSIS/form/Department/PR/Instructions%20for%20I-765.pdf

    it says that you need to put yes and have to attach all the previous 797's.

    But my attorney says that you need to put No. Only those who applied for EAD earlier have to put yes (Which i feel not correct).

    can anybody clarify please.

    Thanks in Advance.

    =====================
    contribution so far 100$

    If you have never applied for an EAD card before then the answer is NO. If you have had an EAD before then the answer is YES. Pretty straightforward really. Your work visa is not an employment authorization in this context.





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  • VivekAhuja
    01-06 04:03 PM
    This is a dumb idea. You want the US to give you Citizenship while you have an approved I-140 and AOS status??????? You don't even have GC !!!!

    Do you even know the reason for the law that states you have to wait for 5 years after getting GC to apply for US Citizenship?

    And what is this nonsense about boosting the economy because you pay mortgage?

    Please don't waste time on this - GC confers enough benefits for you (and family) to be able to live and work in the USA without ever applying for citizenship. The only benefit you don't have is to work for some US Govt. agencies, to vote and no visa-free world travel (mostly) or sponsoring some more family members to take away more of the social security fund.

    If you read the plan, you are essentially asking to by-pass all security laws and telling the US to sell you GC and Citizenship.

    Simple: stupid and bad idea. Drop it.



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  • pd_may_2007
    07-25 10:11 AM
    I came across this coverage by Voice Of America... Please do note that this is in Hindi (Indian National language) WITHOUT any sub-titles.

    http://www.youtube.com/watch?v=JX8Aqi3F9is





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  • gc_on_demand
    09-16 11:36 AM
    WOW that is good.. by nov they will clear all backlog ..( Pending more than 1 year ).. from June 2009 name check will be cleared in 3 days..





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  • letstalklc
    08-21 11:46 AM
    !!!!!!!!!!!!!Not all cell phones are included!!!!!!!!!!!!!!!!!!!

    I dont think it's true, I saw these rates are under international calling plan, so we are not signing up to that plan, so I would strongly believe that all cell phone calls are included to India, the same thing you can see when we click on the 60 countires list.....so find out with the tech support guys and keep update here to get the accurate answer on this...





    avi_ny
    09-22 03:07 PM
    When did you receive the mail?

    Sometime around 11AM.





    arkrish68
    09-10 02:06 PM
    Today I and my wife had an infopass appointment and were told that our I485 case is in Adjudication review and should expect an interview soon. I asked the officer is there anything wrong and he replied back that everything is fine. I am not sure what adjudication review is and why there is an interview if everything is fine :confused:

    We also opened SR on 9/1/2010 and I got the response today for the SR request and it has the following details

    "Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter." Does this mean that we will not get the GC atleast in the next 60 days?

    Did anyone had an interview before or anyone know what should we expect in the interview.

    Thanks in advance.