newbee7
07-09 06:35 PM
Great! At least the flowers will bring some cheer to more than one person.
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eyeswe
09-24 02:55 PM
Yes , I did see that, but at what point do they consider this as "inventory" -- waiting for visa having pre-adjudicated (gosh, I hope not!) or as we all are thinking -- applications that have reached the agency...
Inventory and related QA is available on right habd side of this link,
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Go to USCIS.gov --> Green card and on right hand top side Inventory and Q&A posted.
Inventory means total Number of Employment based Pending Approvals.
Inventory and related QA is available on right habd side of this link,
USCIS - Green Card (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ae853ad15c673210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Go to USCIS.gov --> Green card and on right hand top side Inventory and Q&A posted.
Inventory means total Number of Employment based Pending Approvals.
singhv_1980
01-28 05:49 PM
I am not too sure of this. Let me try and find out this info.
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jungalee43
10-28 04:23 PM
Unfortunately these guidelines specified in the memo haven't been adhered to, during processing of I-485’s in cases where the sponsoring employers revoked I-140 petitions.
Please make this small correction in second paragraph. The "to" in bold is missing.
Please also post the names and addresses of both California and Vermont service centers as it is not clear who would adjudicate the thousands of I-485 cases they are sitting on.
Please make this small correction in second paragraph. The "to" in bold is missing.
Please also post the names and addresses of both California and Vermont service centers as it is not clear who would adjudicate the thousands of I-485 cases they are sitting on.
more...
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.
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.
GCWorries100
10-05 02:38 PM
Let me say congrats first.
Why it took upto October in your case?
Mine is April 06- EB2 india. Got RFE. and answered on 29 sep( Received by uscis - 30 Sep) .
When we can I expect approval?
Do you can suggest any thing?
Primary Applicant:
Priority Date: March 2006
Got RFE : April 2009
Got Another RFE : September 1 2010
Responded to RFE on : September 22 2010
I-485 Approval : September 28 2010
Received welcome letter: Oct 4 2010
Still waiting for the card.
Dependent:
Applied for wife's 485 - Sept 07 2010
Got receipt numbers - Oct 4 2010
Waiting for further process
Why it took upto October in your case?
Mine is April 06- EB2 india. Got RFE. and answered on 29 sep( Received by uscis - 30 Sep) .
When we can I expect approval?
Do you can suggest any thing?
Primary Applicant:
Priority Date: March 2006
Got RFE : April 2009
Got Another RFE : September 1 2010
Responded to RFE on : September 22 2010
I-485 Approval : September 28 2010
Received welcome letter: Oct 4 2010
Still waiting for the card.
Dependent:
Applied for wife's 485 - Sept 07 2010
Got receipt numbers - Oct 4 2010
Waiting for further process
more...
ski_dude12
09-21 10:29 AM
I did not attach any documents. Just mentioned the I-485 receipt number.
Congratulations ski_dude. Your long wait is finally over!
Is it ok to attach documents to these e-mails to TSC?
Congratulations ski_dude. Your long wait is finally over!
Is it ok to attach documents to these e-mails to TSC?
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PDOCT05
10-08 10:34 AM
I am july 3rd filer, still waiting for receipt. In your e-mail you said there was LUD on your I-140 date 07/28. What it means...did you file I-140 and I-485 together? is there any connection in getting receipt of I-485 and LUD on I-140, just curious becasue I am also seeing LUD of 07/28 on my I-140 but my I-140 got approved in 2006.
Waiting for reply.
I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.
Waiting for reply.
I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.
more...
newuser
07-11 01:28 PM
People who know telugu can read this -
http://andhrajyothy.com/mainshow.asp?qry=/2007/jul/11new37
http://andhrajyothy.com/mainshow.asp?qry=/2007/jul/11new37
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seekerofpeace
10-01 10:41 PM
Don't know what more drama has USCIS has up its sleeves.
You better contact your congressman and senator and get it sorted out....
It is absolutely nonsense that you are approved and then not...same can be true for many of us.....attach a copy of the visa bulletin in your mail....IO can;t just say visas retrogressed they need to show the proper paperwork ...
SoP
You better contact your congressman and senator and get it sorted out....
It is absolutely nonsense that you are approved and then not...same can be true for many of us.....attach a copy of the visa bulletin in your mail....IO can;t just say visas retrogressed they need to show the proper paperwork ...
SoP
more...
newtoearth
06-16 03:25 PM
But you have put your post in the forum and in this thread. You didn't send him PM.
It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.
Have a good day!
I addressed it to OP, are you same?
It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.
Have a good day!
I addressed it to OP, are you same?
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nsabavala
01-04 04:18 AM
:confused::mad:
I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.
For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.
There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.
I read on the murthy.com website that the UCSIS needs to go through the Kentucky Consular Center to obtain the PIMS verification. The number for the KCC is 606-526-7500. I am going to try and call them to see if they can give me any information on timelines.
For those people that have not left the US yet, it might be worth it to talk to your lawyers and see if there is any way you can have your names added to this database before you travel - that should eliminate any hassles once you leave the country. Much easier to try and do it from there rather than from here.
There is no number to call here to check on status - I have been sending emails to mumbaiNIV@state.gov but have not received any response from them yet. Not really a surprise. If anyone tries the number above and gets some response please let the rest of us know.
more...
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CADude
09-28 11:16 AM
Congrats!! good to know. If we can see the trend, I will be very happy man atleast got some attension for forgotten July 2nd souls... :)
Good news guys, my checks have been encashed this morning, looks like they are processing july 2nd cases now, probably because of all the pressure from congressmen and all the complaints that have been going out to uscis-complaints.
Finally some relief, the receipt #'s are printed at back of the check and its starts with SRC so i guess it has been transferred to either CA or TX.
Hang in there guys iam sure all july 2nd filers will surely see their applications processed by early next week.
My details Filed at NCS @ 9:01 am received by R.Mickels
Good news guys, my checks have been encashed this morning, looks like they are processing july 2nd cases now, probably because of all the pressure from congressmen and all the complaints that have been going out to uscis-complaints.
Finally some relief, the receipt #'s are printed at back of the check and its starts with SRC so i guess it has been transferred to either CA or TX.
Hang in there guys iam sure all july 2nd filers will surely see their applications processed by early next week.
My details Filed at NCS @ 9:01 am received by R.Mickels
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optimystic
03-24 03:43 PM
-------------------------------------
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
-------------------------------------
It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:
Good to know. As to who should be responsible to educate the employers....there's no doubt in my mind ! It should be us - prospective employees - applying for job. If we don't raise the issue, then who else will do it for us !!!
People can follow a polite plan of action for such questions...
- Be aware of the law
- Be prepared to respond back politely - giving the bare minimum info that would be sufficient
- Point politely to the law during interviews if pressed hard to divulge details.
- If you see the interview going no where, without having to divulge the details, then at that point its a matter of consience....If you had EAD with enough validity, and you think/guess, that the employer is only concerned with people with soon expiring EADs, and if you want the job bad, then may be you can give it a shot and divulge your details. But as much as possible one should shirk the issue politely until you pass the interview process and they are ready to hire... Divulging at that point is beneficial since you know if you get rejected at the point, it was purely because of EAD issue and can take them for a task. If you divulged too early then they could hide behind other reasons for not hiring you.....(unless the employer is CapitolOne, and the HR guy sends out an email blatantly providing proof of discrimination and leaving themselves at your mercy to be sued :) )
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?
-------------------------------------
It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:
Good to know. As to who should be responsible to educate the employers....there's no doubt in my mind ! It should be us - prospective employees - applying for job. If we don't raise the issue, then who else will do it for us !!!
People can follow a polite plan of action for such questions...
- Be aware of the law
- Be prepared to respond back politely - giving the bare minimum info that would be sufficient
- Point politely to the law during interviews if pressed hard to divulge details.
- If you see the interview going no where, without having to divulge the details, then at that point its a matter of consience....If you had EAD with enough validity, and you think/guess, that the employer is only concerned with people with soon expiring EADs, and if you want the job bad, then may be you can give it a shot and divulge your details. But as much as possible one should shirk the issue politely until you pass the interview process and they are ready to hire... Divulging at that point is beneficial since you know if you get rejected at the point, it was purely because of EAD issue and can take them for a task. If you divulged too early then they could hide behind other reasons for not hiring you.....(unless the employer is CapitolOne, and the HR guy sends out an email blatantly providing proof of discrimination and leaving themselves at your mercy to be sued :) )
more...
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zCool
03-24 04:36 PM
Companies can and will have internal documentation standards regarding employibility.
In fact lately, judges have even upheld firings of smokers from certain companies.
IF there is a pattern of discrimination based on age, sex, national origin etc etc. THEN you can sue.. but NOT just because you don't like the policy of the employers..
People don't realize it but US laws actually give plenty of leeway to employers related to that.. only relevent law applying here would be "EEO" and that doesn't mention anything related to EAD.
Legally you don't have a leg to stand on.. but you can try.. tell the lawyer , they have chance to set precedent!
In fact lately, judges have even upheld firings of smokers from certain companies.
IF there is a pattern of discrimination based on age, sex, national origin etc etc. THEN you can sue.. but NOT just because you don't like the policy of the employers..
People don't realize it but US laws actually give plenty of leeway to employers related to that.. only relevent law applying here would be "EEO" and that doesn't mention anything related to EAD.
Legally you don't have a leg to stand on.. but you can try.. tell the lawyer , they have chance to set precedent!
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aj_jadeja
02-17 01:10 PM
So basically he is saying that count your blessings and thank god that you are stuck in Backlog centers or in retrogression because in Europe, its even worse. Its a nice way of saying : "It is what it is, take it or go to Europe or go back to India".
Right?
exactly :)
Right?
exactly :)
more...
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greencardvow
07-31 04:50 PM
Well suppose they reject your 485 for lack of Initial Evidence then you are in some trouble. The people who applied prior to new Memo was passed had there applications receipted even without EVL. What will happen after the Memo is passed ...can't say. I think EVL is considered Initial Evidence. Thats my guess.
If that's true, I hope they also accept the missing inital evidence, that is sent later, as long as the A# is provided.
If that's true, I hope they also accept the missing inital evidence, that is sent later, as long as the A# is provided.
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TeddyKoochu
04-01 01:08 PM
I don't disagree with any of the statements.. It is totally personal decision for someone to donate or not.
I agree that there is no silver bullet in any analysis. It is a number crunching game.. What is important is follow-up after analysis, which is only possible with IV.
Dems want votes and more Hispanics
GOP want more temps since it is very good for business
Lawyers want more money so they are not interested in solutions. They are in it for money
Individuals want their greencard just in time and not worry about the guy right behind them..
tracker websites need traffic to get money from adds, so they don't want solution..
Thanks I appreciate your follow-up. My response was more for those people whose only objective seems to be to denigrate others (Name calling - Freeloader etc) and divert everyone from the topic.
I agree that there is no silver bullet in any analysis. It is a number crunching game.. What is important is follow-up after analysis, which is only possible with IV.
Dems want votes and more Hispanics
GOP want more temps since it is very good for business
Lawyers want more money so they are not interested in solutions. They are in it for money
Individuals want their greencard just in time and not worry about the guy right behind them..
tracker websites need traffic to get money from adds, so they don't want solution..
Thanks I appreciate your follow-up. My response was more for those people whose only objective seems to be to denigrate others (Name calling - Freeloader etc) and divert everyone from the topic.
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waiting4gc02
05-15 12:24 PM
Thanks for the reply..Sanju.
Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?
Do you need to change H1-B ???
Thanks
Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?
Do you need to change H1-B ???
Thanks
gc4me
11-10 11:39 PM
For more information, we went to visit our home country and re-entered from JFK with no issue twice after 2004. We got H4 tranfered, EAD advanced Payrole too with no issue al all. Looks like "nunc pro tunc" is the solution according to Murthy. Anybody has experience with "nunc pro tunc" please post your experience. http://www.murthy.com/news/n_nunpro.html
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
jungalee43
10-28 04:23 PM
Unfortunately these guidelines specified in the memo haven't been adhered to, during processing of I-485’s in cases where the sponsoring employers revoked I-140 petitions.
Please make this small correction in second paragraph. The "to" in bold is missing.
Please also post the names and addresses of both California and Vermont service centers as it is not clear who would adjudicate the thousands of I-485 cases they are sitting on.
Please make this small correction in second paragraph. The "to" in bold is missing.
Please also post the names and addresses of both California and Vermont service centers as it is not clear who would adjudicate the thousands of I-485 cases they are sitting on.
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