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  • reddymjm
    08-07 10:15 AM
    These are the red dots and comments I have got so far:
    Calling US educated and... 08-07-2008 10:54 AM anti-immigrant in the making
    Calling US educated and... 08-07-2008 10:30 AM
    Calling US educated and... 08-07-2008 10:24 AM Selfish!!!
    Calling US educated and... 08-07-2008 09:37 AM very disappointing post.
    Calling US educated and... 08-07-2008 03:12 AM From your post one thing is clear, you are an embodiment of selfishness. Oh by the way, I am also an EB2 guy who could benefit from your proposal. After GC, what is next stop? NumbersUSA ?

    To get More greens and Sympathy.





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  • unseenguy
    06-16 10:35 PM
    bloody cognizant. I was winking at their L1A EB1 misuse for sometime but now they denied me the job (I have ead) ;) god knows why. Since then I am against that company. lets screw them :p





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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.





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  • KKtexas
    08-21 01:49 PM
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  • gcbeku
    08-13 09:20 AM
    Today we received our welcome notices. The PD on my application is correct but the PD on my wife's application is same as the receipt date. Is this normal for the dependent application?

    Our applications were approved based on substitute labor. Our 485 is based on 140 with PD Aug 2006 but we have another substitute labor with PD Nov 2005. When I applied for 140 with PD Aug 2006, I added my wife as dependent. But in the substitute labor I am not sure if my wife was added.

    Is there anything to worry or just ignore it?

    Thank you

    Check with your lawyers. It should be easy to get an amended approval notice or atleast a letter from USCIS that it is okay.





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  • ArkBird
    09-09 04:57 PM
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  • InTheMoment
    10-01 12:21 PM
    This will make the percentage allocations, limitations and regulations very clear:

    How does the visa quota operate? (http://imminfo.com/Library/green_cards/EB/visa_quota.html)





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  • manderson
    01-24 03:26 PM
    You forgot blood, urine and DNA samples.
    :D

    Looks like they forgot to ask to attach the following :):):):)

    1) Copies of all your certificates
    2) Your latest offer letter
    3) Pay stubs for last six months
    4) Tax returns
    5) Letter of introduction from the employer
    6) Latest Resume
    7) 3 Recommendation letters
    8) Family photo with Mother, Father, spouse, kids , siblings. While background, taken less than 6 months ago. Frontal view :)

    Avoid them at all costs....



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  • pcs
    06-18 07:41 PM
    I used www.epassportphoto.com for great & cheap photos ( costs only 40 cent for 10 photos towards printing at any riteaid kind of store)

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    I DO NOT OWN THIS SITE ...





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  • 485Mbe4001
    09-16 12:45 PM
    If possible ask your company HR reps (and coworkers) to make a call too, it will help. Call by the company will make an additional impact. I have asked mine to call. No harm in shooting off an email.



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  • tempy
    09-23 02:19 PM
    After little bit of "undeliverable mail" drama I got my cards in hand. Thanks IV and all others participating in these forums.

    Good luck for who are still waiting!!! Your number will come pretty soon!

    Thanks,

    I got one more email with the update (this is third email with the same staus "CPO"). This time I have SLUD on EAD and AP also. Here is the email...

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Your Case Status: Card/ Document Production

    On September 14, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

    My wife received here Welcome letter but I did not get one yet. Here is my timeline...


    09/08/2010 - CPO emails for self and wife
    09/09/2010 - Got emails updating the status to Decision for self and wife
    09/10/2010 - Standard CPO email to self
    09/11/2010 - Wife got the welcome letter (I-797) by USPS
    09/15/2010 - CPO email to self with the new message (Document sent to address on file)

    Still waiting for cards in hand.

    Thanks,
    Tempy





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  • spdy_mn
    06-29 04:49 PM
    They probably got overwhelmed by applications in June.

    Thanks,
    Jayant
    And they realized it just today. :(



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  • Libra
    07-10 08:00 PM
    sorry i was wrong.....i deleted my post delete yours too
    Is she done?





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  • feedfront
    09-24 05:57 PM
    Got the CPO mails for myself and spouse.
    11 years wait is over finally. I wish all the best for the remaining folks !!

    Congratz!!! You got it on right time, celebrate whole weekend..



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  • spatial
    08-20 07:31 PM
    Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.

    Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.

    INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.

    It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?




    if a change in interpretation is done intentionally, then USCIS admits they were allotting visas incorrectly during the previous years...if it were a public company, lawyers would be climbing over one another to file a class action suit...unfortunately all we can do is write letters, make phone calls and pray :rolleyes:





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  • simple1
    06-16 03:21 PM
    They should
    1. not be based on client location (only visit and communicate), must work from sponser's worksite.
    2. not be managed by client. Must be managed by sponser.

    http://www.uscis.gov/files/pressrelease/LVisa_12_9_2004.pdf

    The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status.

    Of course, person on L1 status can work at client site as long as he/she is directly managed by company that has sponsored L1 visa. They can not be directly managed by client. That is the restriction. Have you even read posts in this thread?
    until it happens to him/her.



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  • OLDMONK
    06-29 09:06 PM
    NO Matter how many people say "Take it easy" its simply not possible, you will have to be a superhuman to do that. Sure its stressfull but no more stressful than boarding your first flight to USA. no more stressful than attending 1st H1B interview at the consulate or your first client interview. So in the end, we have been through all the hurdles with most of us surviving 2001-2002 job markets and now is 2007.

    The point is we have been through all that successfully and thats a BIG WIN. So we will be through this too, but not without stress. The day we decided to come to USA and until now we have been successful as we are resourceful and can improvise at a short notice and we will. We are shrewd individuals and We Will PREVAIL.





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  • pappu
    08-21 10:49 AM
    >> any unused visa should be given to the oldest PD irrespective of Country/Category...
    What is the legal basis to back this claim? Probably this should be included in the letter as well.


    _____________________________________________
    Proud to be an Indian-American and Legal Immigrant

    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    I tend to agree with both.

    You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.

    If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
    Visa recapture is the best option.





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  • andy garcia
    06-15 01:55 PM
    No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.

    If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.

    If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.

    You are correct. When I filed on 2005 I did not apply for either AP or EAD. My H1 was valid until May 2007 and I do not intend to change jobs or travel(my country is too dangerous :mad: ).
    I am already 55 :rolleyes: and am not going anywhere.
    In January 2007 I filed EAD myself and got it approved in 40 days. My lawyer was charging me $400 to file it.





    Brightsider
    09-25 11:12 AM
    I saw this link Murthy's email too. The total pre-adjudicated cases in the chart is matching with the total in the document. Well now there are more un-answered questions:
    1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
    2. Is there any way to know whether individual case is pre-adjudicated or not ?
    USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
    Thanks a lot for staying on top of this and posting your analysis.

    Guys,

    If I may suggest.
    Take a look at the pending 1-130 (Pref). Over 800k are pending and adjudication has been deferred in those cases. Those are FB cases for sure. Now if USCIS has deferred action in those cases, can we infer that all the 279k I-485 cases relate only to EB? Cant say for sure.
    However as it was pointed out in another forum, Texas and Nebraska process only EB cases. In their cases, the rate of preadjudication is very high....over 90% in Texas. I cant fathom the Nebraska numbers.
    The preadjudication numbers, in my opinion, are of the EB cases. The data, on the whole, needs to be explained by USCIS, better.





    GC08
    06-29 08:16 PM
    This does not make sence at all. Why the USCIS would make visa number current then retrogress again? I do not think they make all visa current and not expect a flood of applications. .
    I do not thisn that the USCIS did not plan for this. This does not make sense?Did this ever happen before?

    There is no sense from those buarocrats because they are incompetent and purely stupid. You are right, USCIS did not plan for this... simply because they never had a plan! They have no idea what damage they can cause to average, hard-working people.



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