nk2006
09-10 09:54 AM
We should all feel proud that many co-sponsors are a result of efforts of IV and its members.When members ask proof of success, this is one of them.
Well done IV for the work so far - but we have to continue this push. Any idea on which other members we should call.
Note: I spoke with a few members to encourage them to call, there seems some confusion in their understanding of which congressmen we should call first. Calling the current co-sponsors may not be necessary but calling other members might still result in adding more co-sponsors (if we are able to convince them).
Friends, October bulletin is out and we are again seeing the retrogession. So forget about the talk that all dates will become current - it wont happen unless there is a change in law and past visa numbers are recaptured. This bill is our biggest and only hope until for atleast another year. Lets do our part and hope for the best (believe me - all it takes is less than an hour of your time).
Well done IV for the work so far - but we have to continue this push. Any idea on which other members we should call.
Note: I spoke with a few members to encourage them to call, there seems some confusion in their understanding of which congressmen we should call first. Calling the current co-sponsors may not be necessary but calling other members might still result in adding more co-sponsors (if we are able to convince them).
Friends, October bulletin is out and we are again seeing the retrogession. So forget about the talk that all dates will become current - it wont happen unless there is a change in law and past visa numbers are recaptured. This bill is our biggest and only hope until for atleast another year. Lets do our part and hope for the best (believe me - all it takes is less than an hour of your time).
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angelfire76
11-04 10:34 AM
Good talent is sought after. So if one is really good, multiple companies would want to get them to work for them. That would result in multiple labor petitions.
Good talent also needs to make up its mind as to which company to stick to. The "future job" labor petition is so full of holes that its misused lot more than its used.
Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
These "backups" are the ones clogging the system right now blocking genuine petitions from getting approved / denied quicker. Otherwise even at the rate at which the DOL works, I would think a decent time for petition approval/denial under PERM would be 8 weeks instead of 16+ weeks right now
Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.
This should be a pretty genuine case, which should survive any audit. No worries here.
Good talent also needs to make up its mind as to which company to stick to. The "future job" labor petition is so full of holes that its misused lot more than its used.
Individuals who are scared (company not reputed; they had issues in the past; or any other reason) tend to approach multiple companies and have them file a labor for them as a "backup".
These "backups" are the ones clogging the system right now blocking genuine petitions from getting approved / denied quicker. Otherwise even at the rate at which the DOL works, I would think a decent time for petition approval/denial under PERM would be 8 weeks instead of 16+ weeks right now
Someone gets laid off from their initial sponsoring company finds another sponsor and files a subsequent labor.
This should be a pretty genuine case, which should survive any audit. No worries here.
willIWill
03-30 04:50 PM
This is good news indeed !
12,000 extra visas available to EB2 at the end of second Fisc qtr would be excellent !!
Worst case I think they'll have to match EB2 India with the EB2 China date before they take it even further in the coming months for the both the countries.
12,000 extra visas available to EB2 at the end of second Fisc qtr would be excellent !!
Worst case I think they'll have to match EB2 India with the EB2 China date before they take it even further in the coming months for the both the countries.
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pa_arora
01-14 12:36 PM
People who have written letters themselves, post the Letters here. I am having 7-10 ppl in my office write the letters. It will be good if u guys can post the letter contents. I can simply have them write and sign with different letters. People are lazy dont wanna think and write.
Waiting..
Thanks
-p
Waiting..
Thanks
-p
more...
gottagc
05-18 01:07 PM
From http://www.immigration-law.com/
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
mamit
02-10 09:27 AM
This is what I did -
1. Had my lawyer followup with consulate -they respond quickly to that.
2. Letter from congressman - congressman called consulate and i got a written reply from congressman on status in less than a week
3. Email followup with consulate
4. Calls to DOS - have to be on hold for a bit though..
Interview - Jan 3; 221g (pink) Phd in bio; additional info submitted - Jan 7th; consulate sent info to DOS - Jan 14th; DOS clearance - Jan 31st. Visa issued - Feb 6th...
Bpositive, thanks very much for the verification. At first, I thought my friend was just scaring me by suggesting the senator/congressman route, but seeing your case now I feel foolish as I should've been doing this in early January. I will check my status tomorrow (monday) with the Delhi consulate once more, and then, if need be (fingers crossed), will talk to my boss in Houston about your suggestions regarding congressman's letter. By the way, what if I call DOS tomorrow and they say the I've been cleared, would it still make sense to have congressman approach them? Too many questions, I know, but I guess you know this feeling. Thanks again.
1. Had my lawyer followup with consulate -they respond quickly to that.
2. Letter from congressman - congressman called consulate and i got a written reply from congressman on status in less than a week
3. Email followup with consulate
4. Calls to DOS - have to be on hold for a bit though..
Interview - Jan 3; 221g (pink) Phd in bio; additional info submitted - Jan 7th; consulate sent info to DOS - Jan 14th; DOS clearance - Jan 31st. Visa issued - Feb 6th...
Bpositive, thanks very much for the verification. At first, I thought my friend was just scaring me by suggesting the senator/congressman route, but seeing your case now I feel foolish as I should've been doing this in early January. I will check my status tomorrow (monday) with the Delhi consulate once more, and then, if need be (fingers crossed), will talk to my boss in Houston about your suggestions regarding congressman's letter. By the way, what if I call DOS tomorrow and they say the I've been cleared, would it still make sense to have congressman approach them? Too many questions, I know, but I guess you know this feeling. Thanks again.
more...
pappu
11-19 07:55 PM
This is the reply from Attorney Murthy on a question asked on Murthy chat about filing two employment based I-485's for the same beneficiary (not the husband/wife situation).
"Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."
After much research on this, I tend to agree with this answer above (not the CP part though). As per my latest information from a lawyer who does multiple filings, the processing delay can be significant due to this. Looking back, wish our community had more information on this and more real examples of people who have done it. It would have helped members who were unsure if they should do multiple filings.
Anyways this thread will be useful for future I485 filers.
"Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."
After much research on this, I tend to agree with this answer above (not the CP part though). As per my latest information from a lawyer who does multiple filings, the processing delay can be significant due to this. Looking back, wish our community had more information on this and more real examples of people who have done it. It would have helped members who were unsure if they should do multiple filings.
Anyways this thread will be useful for future I485 filers.
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rb_248
10-01 03:32 PM
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
How come there is pending cases in 2007, 2008 and 2009 for EB2 and EB3 India?
From the PDF I see the following
EB2
2007 after july fiasco - 559
2008 - 178
2009 - 9
EB3
2007 after july fiasco - 466
2008 - 88
2009 - 5
My understanding is that the visa bulletin were never open for priorty dates from Aug 2007 to till date....EVER..
I may be missing something..
I think it is because of cross chargeability. If your spouse's country of birth is not India then you can get charged to your spouses birth country. And therefore can apply for 485 when your spouse's PD is current even when your PD is not current.
How come there is pending cases in 2007, 2008 and 2009 for EB2 and EB3 India?
From the PDF I see the following
EB2
2007 after july fiasco - 559
2008 - 178
2009 - 9
EB3
2007 after july fiasco - 466
2008 - 88
2009 - 5
My understanding is that the visa bulletin were never open for priorty dates from Aug 2007 to till date....EVER..
I may be missing something..
I think it is because of cross chargeability. If your spouse's country of birth is not India then you can get charged to your spouses birth country. And therefore can apply for 485 when your spouse's PD is current even when your PD is not current.
more...
Bhargav Goswami
07-13 01:24 PM
I just watched clips that show how stridently "anti H1B" / "anti legal Indian Immigrant" Lou Dobbs is! We would be witihin our rights to boycott him and CNN.
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shortchanged
10-09 05:06 PM
I also did send a second set on August 16th.For me and family we have already got EADs,AP and AOS receipts and are all finger printed.
I have also requested stop payments on the August checks,and had addressed"not to be opened in Mailroom-for Center Director" Explained to disregard the second set if my earlier filing on July2nd has already been accepted for processing.So far no further info.Will keep fingers crossed and see what happens!
I have also requested stop payments on the August checks,and had addressed"not to be opened in Mailroom-for Center Director" Explained to disregard the second set if my earlier filing on July2nd has already been accepted for processing.So far no further info.Will keep fingers crossed and see what happens!
more...
snathan
08-20 12:28 PM
one question?? does it need high speed cable or DSL can work too???
You question is not clear. Yes, the internet connection wont be affected and the phone line can work with Cable or DSL.
You question is not clear. Yes, the internet connection wont be affected and the phone line can work with Cable or DSL.
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ItIsNotFunny
11-03 03:58 PM
Guys,
I sincerely want this thread to be closed. This is killing our unity to fight common cause.
I sincerely want this thread to be closed. This is killing our unity to fight common cause.
more...
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lavenyahs
05-24 11:57 AM
Hello All,
In my Birth certiifcate which was registered immediately after 10 days of my birth ,as per Indian custom I was named after my Grandmother and the birth certificate has that name. But later while joining in school we changed it to a different name just retaining a half of my Grandmother's name. So the Birth certificate I now have has a different name from my current name , what I now have in my passport and everything. So while filing I-485 what do I do? Is a sworn affidavit by my parents stating the name change and my Matriculation certificate showing my current name enough. I have waited 41/2 yrs in H4 to get Labor cleared and PD to become current and now I am going nuts. Pls. reply
In my Birth certiifcate which was registered immediately after 10 days of my birth ,as per Indian custom I was named after my Grandmother and the birth certificate has that name. But later while joining in school we changed it to a different name just retaining a half of my Grandmother's name. So the Birth certificate I now have has a different name from my current name , what I now have in my passport and everything. So while filing I-485 what do I do? Is a sworn affidavit by my parents stating the name change and my Matriculation certificate showing my current name enough. I have waited 41/2 yrs in H4 to get Labor cleared and PD to become current and now I am going nuts. Pls. reply
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learning01
05-25 02:57 PM
Look for posts under factoryman - on date 05/24/2007. You will find detailed answers.
My immigration doctor told me that if i had chickenpox in childhood i do not need the varicella vaccine? Which i did at age 5. Please, let me know if anyone else was told the same , i will be going back to him on Wednesday for the physical exam. I don't want to get a RFE on that.
My immigration doctor told me that if i had chickenpox in childhood i do not need the varicella vaccine? Which i did at age 5. Please, let me know if anyone else was told the same , i will be going back to him on Wednesday for the physical exam. I don't want to get a RFE on that.
more...
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gc_on_demand
09-09 11:59 AM
These people are already co-sponsors. Do not call them.. Call the rest.
Artur Davis (D-Ala.) 202-225-2665
Jerrold Nadler (D-N.Y.) 202-225-5635
Linda Sanchez (D-Calif.) 202-225-6676
Jim Sensenbrenner (R-Wis.) 202-225-5101
Melvin L. Watt (D-N.C.)202- 225-1510
Add Zoe Lofgren (D-Calif.)202- 225-3072 in NOT TO CALL LIST
Artur Davis (D-Ala.) 202-225-2665
Jerrold Nadler (D-N.Y.) 202-225-5635
Linda Sanchez (D-Calif.) 202-225-6676
Jim Sensenbrenner (R-Wis.) 202-225-5101
Melvin L. Watt (D-N.C.)202- 225-1510
Add Zoe Lofgren (D-Calif.)202- 225-3072 in NOT TO CALL LIST
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ras
08-08 10:06 AM
Good job analysing this particular issue. Appreciate ur patience in sharing with others.
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.
more...
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chanduv23
09-21 09:38 AM
Approved on Sep 10th, got physical cards on Sep 20th. Best wishes to all who are still in the journey.
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Das73
05-09 11:57 AM
You should be able to file I-140 after your LC got cleared.
EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].
May be your lawyer is busy & thinking about some other case. Remind him about your priority date !
================================================== ======
Hi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?
Any help in answering my question is appreciated.
Thanks in advance.
================================================== ======
EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].
May be your lawyer is busy & thinking about some other case. Remind him about your priority date !
================================================== ======
Hi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?
Any help in answering my question is appreciated.
Thanks in advance.
================================================== ======
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mbawa2574
08-07 08:06 AM
Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
I am EB2 India with Dec 2005 waiting. I think all EB applications should have fair short. So if a EB3 can become a EB2 legally, I think it is a fantastic thing.
I did not know about this rule. I changed employer in Jan 2005. My last employer's lawyer ill advised them to file me under EB3 in spite of the fact that the job paying off close to 200 k in compensation required B +8 and M+4 years of experience. I changed the job in Sep 05. Next company did the right thing and started the labor in EB2. I did not know about porting/interfiling otherwise my PD would have been Jan 2005. So even if I would have done a Port/Interfile, how am I at fault ?
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
I am EB2 India with Dec 2005 waiting. I think all EB applications should have fair short. So if a EB3 can become a EB2 legally, I think it is a fantastic thing.
I did not know about this rule. I changed employer in Jan 2005. My last employer's lawyer ill advised them to file me under EB3 in spite of the fact that the job paying off close to 200 k in compensation required B +8 and M+4 years of experience. I changed the job in Sep 05. Next company did the right thing and started the labor in EB2. I did not know about porting/interfiling otherwise my PD would have been Jan 2005. So even if I would have done a Port/Interfile, how am I at fault ?
santb1975
01-08 01:27 AM
I am in India right now but I will handwrite the letters and post them when I get back. I will post this on the So.Cal group as well. Let's do this
gc_wow
09-24 08:50 PM
Rose Ball,
What do you think will EB2 I will get stuck in March 2005 for the rest of USCIS year untill September? I think Quarterly spill over is the name of the game now.
What do you think will EB2 I will get stuck in March 2005 for the rest of USCIS year untill September? I think Quarterly spill over is the name of the game now.
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