SunnySurya
08-07 01:26 PM
You stand is understandable, but I still will urge you to join me. It is of course not illegal but unfair towards the people already in EB2 line. If there were no limits on visas, it will not have been an issue to begin with. Think about the depth of the issue.
Hi SunnySurya an Rolling_flood,
I am EB2 and have a Masters but I don't support your case or even the basis of it. Mostly it is because I don't think MOST of the folks who use PD porting are doing it illegally or even cutting through the line undeservedly. If I am not wrong, these folks will have put in the time (work exp wise and/or added higher education) and should rightfully get the position certified as EB2.
Now granted that there are always a small minority people who genuinely are not deserving. First, can you define in your view what kind of PD porting is unethical?
Additionally, can you back up your claims by providing any kind of stats of such cases per year and how much impact it really causes to the GC wait time of those already waiting in queue for EB2? Are they that significant for you and Rolling Stone to feel so wronged?
In conclusion, unlike the unjust labor substitution process, your case is not convincing because I don't think most people availing PD porting are doing anything wrong legally and ethically. I would love to see stats and examples though.
Regards.
Hi SunnySurya an Rolling_flood,
I am EB2 and have a Masters but I don't support your case or even the basis of it. Mostly it is because I don't think MOST of the folks who use PD porting are doing it illegally or even cutting through the line undeservedly. If I am not wrong, these folks will have put in the time (work exp wise and/or added higher education) and should rightfully get the position certified as EB2.
Now granted that there are always a small minority people who genuinely are not deserving. First, can you define in your view what kind of PD porting is unethical?
Additionally, can you back up your claims by providing any kind of stats of such cases per year and how much impact it really causes to the GC wait time of those already waiting in queue for EB2? Are they that significant for you and Rolling Stone to feel so wronged?
In conclusion, unlike the unjust labor substitution process, your case is not convincing because I don't think most people availing PD porting are doing anything wrong legally and ethically. I would love to see stats and examples though.
Regards.
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factoryman
06-18 06:09 PM
in my opinion:
485
325A
sealed medical cover
his passport copies - all pages
his/her birth certificate
your receipt
photos
check
employers letter, again
( am I missing anything)
Hi all
I request some help on how to proceed and what is required for self filing 485 for child born in India. We have already filed 485 3 yrs ago and awaiting Approval( delayed due to retrogression). Now since the dates have become current we would like to add our child who was born in India and currently living with us here ( we are still maintaining H1 and H4 status valid). I wanted to find out what documents and letter( to build the case) is required for adding our child to the application. Also would like to find out if we need to attach our child to existing application(mother or father) or file is seperately. Anybody please advise
thanks
krishna
485
325A
sealed medical cover
his passport copies - all pages
his/her birth certificate
your receipt
photos
check
employers letter, again
( am I missing anything)
Hi all
I request some help on how to proceed and what is required for self filing 485 for child born in India. We have already filed 485 3 yrs ago and awaiting Approval( delayed due to retrogression). Now since the dates have become current we would like to add our child who was born in India and currently living with us here ( we are still maintaining H1 and H4 status valid). I wanted to find out what documents and letter( to build the case) is required for adding our child to the application. Also would like to find out if we need to attach our child to existing application(mother or father) or file is seperately. Anybody please advise
thanks
krishna
royus77
06-29 04:49 PM
On the flip side, if this is only a rumor, then USCIS/DOS won't comment at all.
Thanks,
Jayant
H1 quota will be over on day 1 also started as a rumor ..however USICS quickly jumped and clarified how they will handle the situation ..i hope the same this time also .
Only intresting thing is will they accept applications on day 1 and cover their skin ?...Then no body can question DOS/USICS as they always had a reason to defend themself....Guys what ever happens if you can file today thats fine else ..do use fedex same day service and make sure the application will reach b4 5 on monday
Thanks,
Jayant
H1 quota will be over on day 1 also started as a rumor ..however USICS quickly jumped and clarified how they will handle the situation ..i hope the same this time also .
Only intresting thing is will they accept applications on day 1 and cover their skin ?...Then no body can question DOS/USICS as they always had a reason to defend themself....Guys what ever happens if you can file today thats fine else ..do use fedex same day service and make sure the application will reach b4 5 on monday
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Sri_1975
06-22 12:13 PM
Hi Guys any updates..
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sunny1000
07-09 08:59 PM
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
Why don't you enlighten us with the real problem that USCIS is facing?
If you think India is Great, why are you here and why did you apply for a GC? Why don't you set an example and leave first?
Nobody is doing anything forcefully. Sending flowers is a Gandhian method as I understand. Dr.Martin Luther King followed the Mahatma's foot steps and succeeded. Don't preach us about US and India.
If you consider it a shame, don't participate and go back. period. Don't tell us to packup.
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
Why don't you enlighten us with the real problem that USCIS is facing?
If you think India is Great, why are you here and why did you apply for a GC? Why don't you set an example and leave first?
Nobody is doing anything forcefully. Sending flowers is a Gandhian method as I understand. Dr.Martin Luther King followed the Mahatma's foot steps and succeeded. Don't preach us about US and India.
If you consider it a shame, don't participate and go back. period. Don't tell us to packup.
chandooo
10-04 09:13 PM
take your i 485 application. There is a received date column and notice date column.
Date received is the date they received your application,notice date is the date they entered your application was entered into their system.
So, if someone with priority date of 08may2006 (eb2), but with a notice date of aug 30 2007 will get the green card earlier than someone with priority date of 20april2006 (eb2) with a notice date of sept 15.
thank you
Date received is the date they received your application,notice date is the date they entered your application was entered into their system.
So, if someone with priority date of 08may2006 (eb2), but with a notice date of aug 30 2007 will get the green card earlier than someone with priority date of 20april2006 (eb2) with a notice date of sept 15.
thank you
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l1fraud
06-15 09:02 AM
Get over with it bunch of whiny losers. Someone can can and is willing to do the job cheaper than you.
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
1. Why should he pay you more if he can get someone for cheaper price? - No Issues as long as its by following all the rules and regulations set by the authorities.
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO? - Nope, my salary is my personal choice. Tomorrow these companies may bring resources Illegally across border and offer 5$ per hour, would you accept that salary???
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful. - BS
4. YOU guys want to leave companies at will but the companies should not replace you at will? - Not at all, they can replace us anytime they want.. I don't know why this point ???
Here we are discussing about a violation by companies using L-1B visa resources and we think reporting this to the agencies (ICE/USCIS) and making awareness amoung clients doesn't harm anyone who does their business within the legal frame work.
Think from your client's perspective:
1. Why should he pay you more if he can get someone for cheaper price?
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO?
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful.
4. YOU guys want to leave companies at will but the companies should not replace you at will?
If you were bringing in value to the client that they cant get from TCS/WIPRO then you will have the job. Get some more skills, be best in the business and be smart. Know what it takes for long term success. You have to be on your toes all the time.
STOP whining, you are just wasting time. All the best!
1. Why should he pay you more if he can get someone for cheaper price? - No Issues as long as its by following all the rules and regulations set by the authorities.
2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO? - Nope, my salary is my personal choice. Tomorrow these companies may bring resources Illegally across border and offer 5$ per hour, would you accept that salary???
3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful. - BS
4. YOU guys want to leave companies at will but the companies should not replace you at will? - Not at all, they can replace us anytime they want.. I don't know why this point ???
Here we are discussing about a violation by companies using L-1B visa resources and we think reporting this to the agencies (ICE/USCIS) and making awareness amoung clients doesn't harm anyone who does their business within the legal frame work.
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Dhundhun
10-07 07:37 PM
Leo & Dhundhun,
If it AP is not a immediate necessity, I will wait for few weeks and hope for the best.........
It is not immediate necessity, but most of the family in India, son in Canada - it is for any unforeseen situation.
If it AP is not a immediate necessity, I will wait for few weeks and hope for the best.........
It is not immediate necessity, but most of the family in India, son in Canada - it is for any unforeseen situation.
more...
WeldonSprings
05-09 12:28 PM
Maybe we can use the H-1 B reform bill, to recapture unused visas during the last many years. Make H-1 B tough but at the same time, release those green card numbers. Carrot and Stick approach.
The percentage of people here are a very small percentage of that 25%.
H1/L1 restrictions are not going to encourage american kids. It does not impact their thinking. Maths, science are tougher subjects for kids. Kids in India were pushed by their parents to study science in search for a good career. Kids here have a lot other avenues which are more attractive to a kid. Kids do not understand L1/H1. 90% of adult population here does not understand H1/L1. REstricting H1/L1 will not influence a kid to take up science and engineering.
The percentage of people here are a very small percentage of that 25%.
H1/L1 restrictions are not going to encourage american kids. It does not impact their thinking. Maths, science are tougher subjects for kids. Kids in India were pushed by their parents to study science in search for a good career. Kids here have a lot other avenues which are more attractive to a kid. Kids do not understand L1/H1. 90% of adult population here does not understand H1/L1. REstricting H1/L1 will not influence a kid to take up science and engineering.
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godbless
01-22 02:12 PM
If you really want to be on h1(very safe decision), why don't you leave for a couple of days and re-enter on your H1?
You mean even when my application for h1 extension has already been sent to USCIS?
You mean even when my application for h1 extension has already been sent to USCIS?
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indianabacklog
06-15 10:05 AM
Hi everyone ,
i have three question please please anyone answer ....
1 - i have previously applied but was returned due to pd not current , what to file in the form where it say if u have appllied before ? ( i am filing on my own this time )
2 - should the salary be there on employment letter . if so the present day salary or the one with labour approve ?
3 - i have an A# when my file was returned should i use that or leave it blank wherever it is asked also my wife have TIN number is that what i am supposed to write where it ask her to give her SSN
i will appreciate anyone answering any question please
thank you
pranju
The employment letter should state the salary and should also say the job is full time and permanent. Also include general job description and job title matching the labor cert.
You should include your A# wherever it is asked for. You do NOT put the taxpayer ID # instead of SS#, leave it blank.
Regarding your first question. I would suggest the truth is always the truth and check the yes box to an application being filed before and add a short explanatory note with it.
good luck, I filed mine and my husbands on my own, just take your time and read carefully.
i have three question please please anyone answer ....
1 - i have previously applied but was returned due to pd not current , what to file in the form where it say if u have appllied before ? ( i am filing on my own this time )
2 - should the salary be there on employment letter . if so the present day salary or the one with labour approve ?
3 - i have an A# when my file was returned should i use that or leave it blank wherever it is asked also my wife have TIN number is that what i am supposed to write where it ask her to give her SSN
i will appreciate anyone answering any question please
thank you
pranju
The employment letter should state the salary and should also say the job is full time and permanent. Also include general job description and job title matching the labor cert.
You should include your A# wherever it is asked for. You do NOT put the taxpayer ID # instead of SS#, leave it blank.
Regarding your first question. I would suggest the truth is always the truth and check the yes box to an application being filed before and add a short explanatory note with it.
good luck, I filed mine and my husbands on my own, just take your time and read carefully.
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pappu
06-26 12:22 PM
Multiple 485 and EAD filing
--------------------------------------------------------------------------------
Hi,
My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.
The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.
Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).
Any inputs or clarifications will be greatly appreciated.
tkiller
Yup. One should be ready for the consequences when they apply. Think carefully before you do something and do not make any errors in decisions.There are both advantages and disadvantages. A lawyer office that has done this in the past quoted a case to me. Another non-desi expensive lawyer who always gives accurate information and is not greedy told me that he would not advice multiple filing.
--------------------------------------------------------------------------------
Hi,
My wife and I both got our LC approved. She filed I-140 and I-485 concurrently for both of us in Nov.2006 (Nebraska Center), based on her LC. Then I filed I-140 and I-485 concurrently for both of us again in Jan,2007 (Texas Center), based on my LC.
The EADs she applied got aproved pretty quickly. Several days ago, my EAD applications got denied. The denial reason is, we already have approved EAD.
Originally our plan is: My wife will switch to a Finance related job soon (her LC is based on Software job), I will wait for GC. (The reason we still filed for multiple 485 and EAD is that we want to postpone the decision on who should wait for GC). Now I'm totally confused on whether she can use the EAD, and whether I can renew the approved EAD (because they are based on her application).
Any inputs or clarifications will be greatly appreciated.
tkiller
Yup. One should be ready for the consequences when they apply. Think carefully before you do something and do not make any errors in decisions.There are both advantages and disadvantages. A lawyer office that has done this in the past quoted a case to me. Another non-desi expensive lawyer who always gives accurate information and is not greedy told me that he would not advice multiple filing.
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jbr
03-10 05:36 PM
We could also do a signature/petition campaign that would focus on 'American Citizens' supporting our effort. We should aim at getting a lot of signatures. Afterall there have to be hundreds of thousands of formerly H1B holders who are citizens now; at least they would support our effort.
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jonty_11
06-29 05:45 PM
Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?
This cud be sooo true...thats how these cronies are exactly.....!!
This cud be sooo true...thats how these cronies are exactly.....!!
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arunmohan
08-22 03:05 PM
Ron did not mention anything about EB3-I. Could we assume that same answer would apply to EB3-I too?:(
dresses %IMG_DESC_12%
gc_vbin
03-31 11:07 PM
Does it needs subscription or just one time donation? I have donated one time. But it still not working for me too.
it requires subscription...
it requires subscription...
more...
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SunJoshi
12-30 03:52 PM
Starting this thread to discuss bills and proposals for 2006. Open for public.
The dabate will help formulate strategies.
The dabate will help formulate strategies.
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manand24
09-16 01:28 PM
My wife and I received the CPO e-mails today at 12:15PM.
1.) Priority Date --> 04/24/2006
2.) 485 Approved on --> 09/16/2010
3.) Pre-Adjucated Yes/No --> No Idea
4.) Info Pass Yes/No --> No
5.) USCIS Contact Yes/No --> No)
6) Service Request Yes/No --> Yes (opened SR on 09/10/10 citing "outside processingtime" and no updates on the case after initial filing) - No response for the SR.
7.) Contact Senator Yes/No --> NO
8.) Recent RFE Yes/No --> NO
9.) AC-21 (Employer change) NO
10.)Ported Case(EB3->EB2) Yes/No --> NO
11.) Service Center - NSC
Best wishes to you all waiting
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 16, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
1.) Priority Date --> 04/24/2006
2.) 485 Approved on --> 09/16/2010
3.) Pre-Adjucated Yes/No --> No Idea
4.) Info Pass Yes/No --> No
5.) USCIS Contact Yes/No --> No)
6) Service Request Yes/No --> Yes (opened SR on 09/10/10 citing "outside processingtime" and no updates on the case after initial filing) - No response for the SR.
7.) Contact Senator Yes/No --> NO
8.) Recent RFE Yes/No --> NO
9.) AC-21 (Employer change) NO
10.)Ported Case(EB3->EB2) Yes/No --> NO
11.) Service Center - NSC
Best wishes to you all waiting
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 16, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
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gc_chahiye
01-27 08:33 PM
Isn't it part of her job? There is nothing like being servant. Moreover, it was just asked to rinse the bottle with hot water, to be sure it is hygenic, in a circumstances when baby was making tantrums. Another reason for asking was because bathrooms were full, otherwise there wouldn't have been a need. We have travelled many other airlines, and there was never an issue for such requests. Many airlines go extra mile to please you. It is what is called customer service.
I don't understand why is it hard or degrading? Maybe then they are not supposed to serve you a cool cup of water at your seat as well. Is that demeaning as well on part of her job?
no its not part of her job. I know a stewardess, and this exactly the part she dislikes about her job. people think its her job to attend to all little demands of the passengers.
She has two duties on the plane, in order:
- safety of the passengers. this is #1.(ensuring luggage is stowed, seatbeats are on, people are not wandering around the aisles; co-ordinate and help in case of emergencies)
- basic service (serve food, clear the trays, handle simple requests like juice/water, ice barfbags etc). This does not include cleaning out your babies bottles. Some airlines have stewardesses who would go out of their way (I have seen Singapore Airlines do this) but again, rinsing a baby's bottle is NOT part of her job. She can get you a bottle of hot water if you want and you can rinse it yourself either in the sink or into the barf-bag.
I don't understand why is it hard or degrading? Maybe then they are not supposed to serve you a cool cup of water at your seat as well. Is that demeaning as well on part of her job?
no its not part of her job. I know a stewardess, and this exactly the part she dislikes about her job. people think its her job to attend to all little demands of the passengers.
She has two duties on the plane, in order:
- safety of the passengers. this is #1.(ensuring luggage is stowed, seatbeats are on, people are not wandering around the aisles; co-ordinate and help in case of emergencies)
- basic service (serve food, clear the trays, handle simple requests like juice/water, ice barfbags etc). This does not include cleaning out your babies bottles. Some airlines have stewardesses who would go out of their way (I have seen Singapore Airlines do this) but again, rinsing a baby's bottle is NOT part of her job. She can get you a bottle of hot water if you want and you can rinse it yourself either in the sink or into the barf-bag.
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.
factoryman
06-18 05:15 PM
EOM. Should this be a question or if you use less paper, will you be considered environmental friendly and way to faster GC.
Don't waste your time and energy on trifles. I can, because I am done with filing and work at office.
How the forms to be printed? One sided or back to- back?
Don't waste your time and energy on trifles. I can, because I am done with filing and work at office.
How the forms to be printed? One sided or back to- back?
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