gc_chahiye
06-24 04:53 PM
I have direct responses from Murthy and Rajiv Khanna now . Plus 2 other american lawyers I know. The answers have variations. I'm going to do my own research and would encourage others to do the same before coming to a conclusion on this.
If you have asked this question to your own lawyers about multiple I485 filing, please post them here.
Members can then look at all the information and make their own decisions.
for all those whose lawyers allow multiple filings: what are you filling in for I-485 Part 3 section A "Have you ever before applied for permanent resident status in the U.S"?
In my case both applications are proceeding in parallel and I dont know which lawyer will end up filing first!
If you have asked this question to your own lawyers about multiple I485 filing, please post them here.
Members can then look at all the information and make their own decisions.
for all those whose lawyers allow multiple filings: what are you filling in for I-485 Part 3 section A "Have you ever before applied for permanent resident status in the U.S"?
In my case both applications are proceeding in parallel and I dont know which lawyer will end up filing first!
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gc_chahiye
10-17 07:25 PM
gc_chahiye is correct - this is precisely why my lawyer advised me not to go with 2nd set of 485 + if one gets rejected the other one automatically gets rejected (when both are combined)
We decided to go for 485 that had older PD
I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)
With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best
why would the second app be rejected automatically if the first one is rejected?
Combining them simply puts them all into a single file for USCIS to follow up on. They are still individual files, based on individual I-140s.
We decided to go for 485 that had older PD
I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)
With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best
why would the second app be rejected automatically if the first one is rejected?
Combining them simply puts them all into a single file for USCIS to follow up on. They are still individual files, based on individual I-140s.
gc_buddy
10-29 07:06 PM
I've done the job. Friends, Please take 5 mins of your time and contribute to this important effort. Let us keep this thread on the TOP.
I realized that this is important to me and to everyone, so I did. It took me just 5 mins....and I'm requesting my friends and co-workers to do this...
I realized that this is important to me and to everyone, so I did. It took me just 5 mins....and I'm requesting my friends and co-workers to do this...
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nshantha
09-09 10:57 PM
Hi,
Today at 9:03 PM I got the following magic letter
On September 9, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
Came to US in 1999
Applied for EB3 labor in July 2004
Applied 485 in July 2nd 2007
Waiting for EB3 dates for India
Mean time wife applied for EB2 NIW Self petition in March 2006 and got approved
Again she applied for new labor in Nov 2009 and applied for I-140 in May 2010 in EB2
Her new EB2 I-140 got approved in Aug 4th 2010 and USCIS ported the March 2006 priority date automatically
Yesterday she opened SR and today got the approval magic letter
Special thanks to immigration voice and all the immigration voice members
Thanks and good luck.
Today at 9:03 PM I got the following magic letter
On September 9, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
Came to US in 1999
Applied for EB3 labor in July 2004
Applied 485 in July 2nd 2007
Waiting for EB3 dates for India
Mean time wife applied for EB2 NIW Self petition in March 2006 and got approved
Again she applied for new labor in Nov 2009 and applied for I-140 in May 2010 in EB2
Her new EB2 I-140 got approved in Aug 4th 2010 and USCIS ported the March 2006 priority date automatically
Yesterday she opened SR and today got the approval magic letter
Special thanks to immigration voice and all the immigration voice members
Thanks and good luck.
more...
pappu
08-21 12:38 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
jungalee43
09-15 12:38 PM
I am going as per the last update from IV core. Thay have asked us to start calling from Monday. I am just following that message.
Personally I feel the hearing and the vote in committee may happen suddenly. So don't think you will be able to watch it live.
On the side note I am feeling a very positive energy about this bill. In fact I am feeling passage of this bill right through to the President's desk without any changes. I am sure all are feeling the same way.
Hi Junglee, when is HR5882 scheduled again?
Is it tomorrow or on 18th?
Thanks.
Personally I feel the hearing and the vote in committee may happen suddenly. So don't think you will be able to watch it live.
On the side note I am feeling a very positive energy about this bill. In fact I am feeling passage of this bill right through to the President's desk without any changes. I am sure all are feeling the same way.
Hi Junglee, when is HR5882 scheduled again?
Is it tomorrow or on 18th?
Thanks.
more...
ski_dude12
09-28 11:29 AM
I have taken an infopass tomorrow to get the I-551 stamp on my passport. Once that is done I will be mailing out the form I-90 for replacement.
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styrum
07-12 01:01 PM
Although much older anouncements and news are still there.
Apparently they want everybody to forget about this ASAP, let alone attract any further interest or god forbid inquiries. I don't know who in the world can still beleive that they are a "service" and we are "customers".
Apparently they want everybody to forget about this ASAP, let alone attract any further interest or god forbid inquiries. I don't know who in the world can still beleive that they are a "service" and we are "customers".
more...
check_rd
06-24 03:05 AM
Me - EB2 Labor pending applied May6th 07.
My Wife - EB3 Labor and I140 approved (PD Dec 2006)
What should I do? Thanks in advance.
-S
If her lawyer is quick to respond then you can keep everything ready including medicals and anytime date is retrogressed should apply immediately or the second option is apply for EAD and AP and I-485 case and go tense free and use EAD if you want to change jobs and don't worry about EB2 and EB3.
My Wife - EB3 Labor and I140 approved (PD Dec 2006)
What should I do? Thanks in advance.
-S
If her lawyer is quick to respond then you can keep everything ready including medicals and anytime date is retrogressed should apply immediately or the second option is apply for EAD and AP and I-485 case and go tense free and use EAD if you want to change jobs and don't worry about EB2 and EB3.
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wangwei417
10-29 04:27 PM
Done!
Thanks for providing the template.
folks, this is really easy and critical to everyone. Please take couple minutes and send these letters
Thanks for providing the template.
folks, this is really easy and critical to everyone. Please take couple minutes and send these letters
more...
h1b_forever
06-10 01:48 PM
We as a community should oppose major violation done by these consulting firms.
The only reason these companies send people on L1 is to keep them as bonded labour giving them no chance to switch jobs. These companies can always apply for H1b for such folks, there are enough H1 visas available this year.
There is a reason there are two visa categories L1 and H1. They should not be used to circumvent immigration laws.
The only reason these companies send people on L1 is to keep them as bonded labour giving them no chance to switch jobs. These companies can always apply for H1b for such folks, there are enough H1 visas available this year.
There is a reason there are two visa categories L1 and H1. They should not be used to circumvent immigration laws.
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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.
more...
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Winner
09-10 12:04 PM
Got CPO email around 10.45 am today for both me and my wife. Big thanks to IV. Big thanks to Pappu, Jay, Aman, Anu ad all my wonderful IV friends. I will also continue supporting Iv and activities time to time.
Congratulations! You deserve it!
Thanks for all your efforts.
Congratulations! You deserve it!
Thanks for all your efforts.
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rexjamla
06-15 02:43 PM
Thanks for quick reponse Admin.
1. Can i send one check to USCIS including all fees for me and my wife.
2. Do USCIS accept personal checks or I have to get Bank Check.
3. Can I send my 485 forms and my wife's(she is on H4) forms together in one envelope.
I am sorry doing it first time in life.
Thanks in Advance!
1. Can i send one check to USCIS including all fees for me and my wife.
2. Do USCIS accept personal checks or I have to get Bank Check.
3. Can I send my 485 forms and my wife's(she is on H4) forms together in one envelope.
I am sorry doing it first time in life.
Thanks in Advance!
more...
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pappu
01-07 07:11 PM
LETTER TEMPLATE #3
<<DATE>>
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
My name is <<FIRST NAME>> <<LAST NAME>> and I have been living as a tax-paying and law-abiding individual in the United States since <<YEAR>>. I work for <<COMPANY>> in <<CITY>> <<STATE>> as <<JOB TITLE>>. Although my employer intends for me to continue working permanently, the green card process so severely backlogged that I will wait another <<EXPECTED WAIT YEARS>> before becoming a permanent resident of the United States.
Waiting in this probationary limbo is really starting to affect the quality of my life. It is an unnecessary burden to keep renewing temporary visas year after year and face an element of risk every time I return from international travel; but the worst of all is that wait times are becoming longer and longer, sometimes 6-12 years, and I will be forced to start the entire process over again if I choose to accept a promotion anytime in between. The broken legal immigration system is badly in need of fixes.
Mr. President, your Domestic Policy Council has recognized the importance of employment-based immigration in the February 2006 report on the American Competitiveness Initiative which states:
"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."
I appeal to you, Mr. President, to facilitate the retention of the best and brightest from around the world by executing the following administrative fixes as an immediate interim measure:
• 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 am only one among over 500000 highly skilled immigrants represented by Immigration Voice, and we are all counting on you to give us this much needed breathing room while we wait in line to live our American dream.
Thank you very much for considering my requests.
Yours Sincerely,
<<NAME>>
<<ADDRESS>>
<<PHONE NUMBER>>
<<DATE>>
The Honorable George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. President:
My name is <<FIRST NAME>> <<LAST NAME>> and I have been living as a tax-paying and law-abiding individual in the United States since <<YEAR>>. I work for <<COMPANY>> in <<CITY>> <<STATE>> as <<JOB TITLE>>. Although my employer intends for me to continue working permanently, the green card process so severely backlogged that I will wait another <<EXPECTED WAIT YEARS>> before becoming a permanent resident of the United States.
Waiting in this probationary limbo is really starting to affect the quality of my life. It is an unnecessary burden to keep renewing temporary visas year after year and face an element of risk every time I return from international travel; but the worst of all is that wait times are becoming longer and longer, sometimes 6-12 years, and I will be forced to start the entire process over again if I choose to accept a promotion anytime in between. The broken legal immigration system is badly in need of fixes.
Mr. President, your Domestic Policy Council has recognized the importance of employment-based immigration in the February 2006 report on the American Competitiveness Initiative which states:
"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."
I appeal to you, Mr. President, to facilitate the retention of the best and brightest from around the world by executing the following administrative fixes as an immediate interim measure:
• 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 am only one among over 500000 highly skilled immigrants represented by Immigration Voice, and we are all counting on you to give us this much needed breathing room while we wait in line to live our American dream.
Thank you very much for considering my requests.
Yours Sincerely,
<<NAME>>
<<ADDRESS>>
<<PHONE NUMBER>>
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abhis0
09-14 08:50 AM
Wait...wait ....wait.....but how long?
guy next door is jumping when received his EAD....I am still waiting for Texas to issue me reciept........
July 2 Filer
guy next door is jumping when received his EAD....I am still waiting for Texas to issue me reciept........
July 2 Filer
more...
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gc_on_demand
09-16 11:14 AM
People are counting quota , no of visa available etc.. H1b denied.. Fight for Eb2 vs Eb3 , interfilling. and we have what less than 24 hour for our fate.
Please focus on this thread and call call call ... untill u get success.
Please focus on this thread and call call call ... untill u get success.
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SunnySurya
08-07 02:05 PM
Yes, it matters, all those guys whom I speak about has RD of July 2nd 07
Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because
1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.
so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.
stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D
Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because
1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.
so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.
stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D
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royus77
06-29 06:10 PM
My $0.02. This could be a pre-emptive measure on the part of AILA. There must have been some talk at the state department of mid-month regression. This might be a strategy to scotch that. Raise a ruckus and send a message that we are prepared to file a law suit. Who knows? We are mere pawns in this grand game. Whatever happens, I hope people keep some perspective and not lose sleep over this.
- Sri
AILA members already milked enough $$$ for this year ..they will be first happy if dates go back ..repeat clients:)
- Sri
AILA members already milked enough $$$ for this year ..they will be first happy if dates go back ..repeat clients:)
desi3933
08-23 04:35 PM
Guys,
.....
.....
Just send the loud message" UNLESS YOU DO SOMETHING, WE ARE GOING BACK."
Send the message in different ways. And ofcors good to meet personally.
Sri.
Try that and see what happens. :D :D
Nobody cares if you stay here or go back.
.....
.....
Just send the loud message" UNLESS YOU DO SOMETHING, WE ARE GOING BACK."
Send the message in different ways. And ofcors good to meet personally.
Sri.
Try that and see what happens. :D :D
Nobody cares if you stay here or go back.
gbof
08-13 08:19 PM
got the approval notice (welcome notice) today.
CPO email: 08/06 (online case status: Card/Document Production)
approval notice email: 12 hrs later (online case status: Decision)
soft LUD: 08/09
approval notice snail mail: 08/13
gcbehu:
Same exact sequence for us too. CPO:8/6, Decision/Adit: 8/7, slud: 8/9, Welcome mail(snail mail): 8/13, Last Processing action/Post Decision: 8/13. I can hope by cards should be arriving by8/16-8/18. Keep posted it helps all those tracking....
Good luck to those current.
CPO email: 08/06 (online case status: Card/Document Production)
approval notice email: 12 hrs later (online case status: Decision)
soft LUD: 08/09
approval notice snail mail: 08/13
gcbehu:
Same exact sequence for us too. CPO:8/6, Decision/Adit: 8/7, slud: 8/9, Welcome mail(snail mail): 8/13, Last Processing action/Post Decision: 8/13. I can hope by cards should be arriving by8/16-8/18. Keep posted it helps all those tracking....
Good luck to those current.
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