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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seekerofpeace
10-07 12:19 AM
gbof,
I resent it to your hotmail account the one that you gave. Let me know
SoP
I resent it to your hotmail account the one that you gave. Let me know
SoP
desi3933
08-25 11:24 AM
>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.
Thats sum it nicely. Nobody wants to go back.
Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.
And you think, that will fix the system.
To the "brave" person who gave me red dot with this comment
u r a sicko...even after getting citizenship u r here and that says a lot...looks like you've no friends and family. Feel sorry for u - Loner.
Hope you are feeling better after venting out your frustration. It was so nice of you to leave "anonymous" comments.
Good Luck to you.
Wishing the very best for you!
Thats sum it nicely. Nobody wants to go back.
Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.
And you think, that will fix the system.
To the "brave" person who gave me red dot with this comment
u r a sicko...even after getting citizenship u r here and that says a lot...looks like you've no friends and family. Feel sorry for u - Loner.
Hope you are feeling better after venting out your frustration. It was so nice of you to leave "anonymous" comments.
Good Luck to you.
Wishing the very best for you!
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485-485
10-04 10:03 AM
I am on the same boat with you. Got a receipt # but it's void in their system while online status is still pending. They said my package was send back 50 days ago but my lawyer and I didn't see it yet. my lawyer only told me to wait and said there is nothing we can do but wait.. really frustrated
more...
meraNumberKabAayega
03-31 12:49 PM
As per my understanding it seems that these 12000 visas are coming from the first 6 months of the EB1 under usage only and there is a good change that we might get another 8000 to 10000 EB1 visas fall down to EB2 in next 2 quarters. Please correct me if my assumption is not correct.
jingi1234
01-20 06:52 PM
I called the department of state, visa's section to enquire about this PIMS verification. They said that KCC handles it. When I called KCC they said they cannot check ahead of time :mad:
Folks who had delays in getting H1b stamped due to the PIMS system:
Can you look at your I-797 and see if there was an A number (something like A123 456 789) mentioned under the "Beneficiary" box?
I have A number ...I think that signifies AOS number or something...
What is your point?
Folks who had delays in getting H1b stamped due to the PIMS system:
Can you look at your I-797 and see if there was an A number (something like A123 456 789) mentioned under the "Beneficiary" box?
I have A number ...I think that signifies AOS number or something...
What is your point?
more...
Macaca
12-05 03:52 PM
Fact-Checking Dobbs (http://www.democracynow.org/2007/12/4/fact_checking_dobbs_cnn_anchor_lou) CNN Anchor Lou Dobbs Challenged on Immigration Issues Democracy Now, December 04, 2007
Guest: Lou Dobbs, anchor and managing editor of CNN�s Lou Dobbs Tonight. His latest book is �Independents Day: Awakening the American Spirit.�
JUAN GONZALEZ: �CNN anchor Lou Dobbs may be the most important person in the 2008 presidential election aside from the candidates themselves.� That�s the opening line of a recent column by Christopher Gacek on the website Politico. Gacek goes on to write, �The bundle of concerns that Dobbs and his audience have about globalization, trade, diminished American sovereignty and immigration will be ignored by politicians at their own peril.�
As anchorman and managing editor of the show Lou Dobbs Tonight, Dobbs has used his nightly program on CNN to help make immigration one of the most discussed issues of the 2008 campaign. Dobbs describes himself as an independent populist. He titled his latest book Independents Day: Awakening the American Spirit. His previous book was titled War on the Middle Class: How the Government, Big Business, and Special Interest Groups Are Waging War on the American Dream and How to Fight Back.
AMY GOODMAN: Lou Dobbs also has his detractors, especially when it comes to immigration. He has been called the most influential spokesperson for the anti-immigration movement, and he�s been accused of being a fearmonger who vilifies immigrants and promotes xenophobia.
But Lou Dobbs�s message has struck a chord with many viewers. Lou Dobbs Tonight is the second-most-watched program on CNN, and there�s even talk that Dobbs might make a possible run for the White House. Wall Street Journal columnist John Fund reported last month friends of Dobbs say he�s seriously contemplating running for president as an independent.
Lou Dobbs joins us today in our firehouse studio for the hour. Welcome to Democracy Now!
LOU DOBBS: Great to be with you.
AMY GOODMAN: Are you running?
LOU DOBBS: Absolutely not. It�s the last thing I could imagine. If I were a candidate, I can assure both of you that I would be the candidate of last resort in this country. That�s about 300 million people in line ahead of me.
AMY GOODMAN: Well, you�ve written the book Independents Day. That�s with a �ts� at the end of �Independents.�
LOU DOBBS: Right.
AMY GOODMAN: What is the main thesis of this book?
LOU DOBBS: The main thesis is that both political parties�the Republican Party, Democratic Party�have failed the American people, have, rather than held up our central fundamental national values as the standard to which all of our public policies should repair, has submerged them in trivia, wedge issues, and partisan blather and nonsense that is ultimately destructive to the American dream.
AMY GOODMAN: What do you think are the most important issues today?
LOU DOBBS: The most important issue in this country today is representation of the American people in Washington, D.C., which is being denied right now by corporate America, special interest, group and identity politics that are submerging the will of the majority in this country. The fundamental tenet of any democracy is representation of the will of the majority, and that is being denied through elitists in both business and government and politics. And we have to fundamentally examine where we are and where we want to be going over the course of this next century. And that is not happening, not in the presidential campaigns of both parties. It�s not happening in Washington, D.C., even though we have a government in which the Democratic Party is leading the Congress, and the Republican Party, the White House.
Guest: Lou Dobbs, anchor and managing editor of CNN�s Lou Dobbs Tonight. His latest book is �Independents Day: Awakening the American Spirit.�
JUAN GONZALEZ: �CNN anchor Lou Dobbs may be the most important person in the 2008 presidential election aside from the candidates themselves.� That�s the opening line of a recent column by Christopher Gacek on the website Politico. Gacek goes on to write, �The bundle of concerns that Dobbs and his audience have about globalization, trade, diminished American sovereignty and immigration will be ignored by politicians at their own peril.�
As anchorman and managing editor of the show Lou Dobbs Tonight, Dobbs has used his nightly program on CNN to help make immigration one of the most discussed issues of the 2008 campaign. Dobbs describes himself as an independent populist. He titled his latest book Independents Day: Awakening the American Spirit. His previous book was titled War on the Middle Class: How the Government, Big Business, and Special Interest Groups Are Waging War on the American Dream and How to Fight Back.
AMY GOODMAN: Lou Dobbs also has his detractors, especially when it comes to immigration. He has been called the most influential spokesperson for the anti-immigration movement, and he�s been accused of being a fearmonger who vilifies immigrants and promotes xenophobia.
But Lou Dobbs�s message has struck a chord with many viewers. Lou Dobbs Tonight is the second-most-watched program on CNN, and there�s even talk that Dobbs might make a possible run for the White House. Wall Street Journal columnist John Fund reported last month friends of Dobbs say he�s seriously contemplating running for president as an independent.
Lou Dobbs joins us today in our firehouse studio for the hour. Welcome to Democracy Now!
LOU DOBBS: Great to be with you.
AMY GOODMAN: Are you running?
LOU DOBBS: Absolutely not. It�s the last thing I could imagine. If I were a candidate, I can assure both of you that I would be the candidate of last resort in this country. That�s about 300 million people in line ahead of me.
AMY GOODMAN: Well, you�ve written the book Independents Day. That�s with a �ts� at the end of �Independents.�
LOU DOBBS: Right.
AMY GOODMAN: What is the main thesis of this book?
LOU DOBBS: The main thesis is that both political parties�the Republican Party, Democratic Party�have failed the American people, have, rather than held up our central fundamental national values as the standard to which all of our public policies should repair, has submerged them in trivia, wedge issues, and partisan blather and nonsense that is ultimately destructive to the American dream.
AMY GOODMAN: What do you think are the most important issues today?
LOU DOBBS: The most important issue in this country today is representation of the American people in Washington, D.C., which is being denied right now by corporate America, special interest, group and identity politics that are submerging the will of the majority in this country. The fundamental tenet of any democracy is representation of the will of the majority, and that is being denied through elitists in both business and government and politics. And we have to fundamentally examine where we are and where we want to be going over the course of this next century. And that is not happening, not in the presidential campaigns of both parties. It�s not happening in Washington, D.C., even though we have a government in which the Democratic Party is leading the Congress, and the Republican Party, the White House.
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bobzibub
01-08 12:27 AM
The more than half million highly-skilled legal immigrants already working productively in the United States find themselves trapped in a system that is taking years longer than intended.
It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.
or....
There are more than a half million highly-skilled legal immigrants legally working in the United States, yet are trapped in a bureaucratic and unbearably slow system that is reminiscent of quota systems in former Eastern Bloc countries.
-If we are working productively, then what is the problem to them?
-if we bring up the dreaded "quota" word and tie it to communism, this will have more impact. (They're products of the cold war, these folks.)
It should read as, "There are more than half million highly-skilled legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended.
or....
There are more than a half million highly-skilled legal immigrants legally working in the United States, yet are trapped in a bureaucratic and unbearably slow system that is reminiscent of quota systems in former Eastern Bloc countries.
-If we are working productively, then what is the problem to them?
-if we bring up the dreaded "quota" word and tie it to communism, this will have more impact. (They're products of the cold war, these folks.)
more...
arihant
02-24 03:54 PM
Does anyone understand what is used to calculate the 3 year period for advanced degree olders?
Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.
This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.
Is the end of the three year period considered when you applied for LC, or when you apply for 485/140? Since, technically, people who are pending at the BEC as well as those who are affected by retrogression are still on NIV, and have not applied for immigrant Visa yet.
This point will have an impact on a lot of folks who may have applied for LC less than three years after getting their Degree but would have crossed that limit by the time they can apply for the immigrant Visa.
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pd_recapturing
11-18 02:24 PM
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
Hi gc4me, Can you please open a new thread that you have got a phone call from Ombudsman. People will see the thread and will get more motivated. If you think, it will not help, please ignore.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
Hi gc4me, Can you please open a new thread that you have got a phone call from Ombudsman. People will see the thread and will get more motivated. If you think, it will not help, please ignore.
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raidohri
06-15 12:25 PM
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485
Medical Examination of Aliens Seeking Adjustment of Status - I-693
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765
Application for Travel Document - I-131
Affidavit of Support - I-134
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
__________________
We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485
Medical Examination of Aliens Seeking Adjustment of Status - I-693
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765
Application for Travel Document - I-131
Affidavit of Support - I-134
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
__________________
We Are Legal Aliens, Legal Aliens on a path to become Legal Permanent Residents and ultimately citizens. Let's stop calling ourselves H1B high tech temp workers - and I changed my signature in the morning of one fine day when all dates became current
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mambarg
08-05 05:59 PM
my lastname is unique.
will it help ?
will it help ?
more...
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ab_tak_chappan
08-21 12:04 AM
You sure are one of those cry babies :D:D
Good luck buddy with your endeavors!
Well sir, let me disabuse you of that notion. Eb3-other workers is ahead of EB3, and that in itself flies in the face of your assertions.
Why should USCIS approach oldest priority first? Well because that is how the law is. The law only affords you the initial set of numbers all the spill-over numbers from another category is supposed to be used in a FIFO manner.
You have made other comments about being cry-babies etc, I could respond to that in more than kind, but I will not, because I refuse to get distracted beyond sane arguments. And BTW: respect, not unlike trust, is to be gained, not asked to be followed.
Good luck buddy with your endeavors!
Well sir, let me disabuse you of that notion. Eb3-other workers is ahead of EB3, and that in itself flies in the face of your assertions.
Why should USCIS approach oldest priority first? Well because that is how the law is. The law only affords you the initial set of numbers all the spill-over numbers from another category is supposed to be used in a FIFO manner.
You have made other comments about being cry-babies etc, I could respond to that in more than kind, but I will not, because I refuse to get distracted beyond sane arguments. And BTW: respect, not unlike trust, is to be gained, not asked to be followed.
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whitecollarslave
01-11 02:31 PM
Guys the race is on! Anti immigrants are onto our campaign. see this link!
http://www.alipac.us/ftopict-97988.html
Are you ready for the showdown? Lets send as many letters as we can!!
I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
http://www.alipac.us/ftopict-97988.html
Are you ready for the showdown? Lets send as many letters as we can!!
I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
more...
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gccovet
08-07 01:41 PM
Sunny ,
What is your PD???
Sunny_surya,
What is you PD?
I asked this earlier, may be you missed it, so, let me ask you again...
What is your PD.
Regards,
GCCovet
What is your PD???
Sunny_surya,
What is you PD?
I asked this earlier, may be you missed it, so, let me ask you again...
What is your PD.
Regards,
GCCovet
dresses %IMG_DESC_12%
nomad
07-12 02:22 AM
http://www.sacbee.com/110/story/262484.html
Editorial: Green card fiasco
Stop mistreating those who play by rules
-
Published 12:00 am PDT Monday, July 9, 2007
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.
As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."
Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."
This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.
In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?
In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
--------------------------------------------------------------------------------
Editorial: Green card fiasco
Stop mistreating those who play by rules
-
Published 12:00 am PDT Monday, July 9, 2007
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them.
As Los Angeles immigration attorney Carl Shusterman said last Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas."
Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system."
This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost.
In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point?
In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
--------------------------------------------------------------------------------
more...
makeup %IMG_DESC_9%
vinicola78
11-06 12:43 PM
Folks,
I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Withdrawal Acknowledgment Notice Sent
On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.
I am not sure if this means that my 485 will be denied shortly...
I sent the letters and also invoked the AC21 through a lawyer a month ago. However, inspite of all this, I see a new update for my 140 petition today -
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Withdrawal Acknowledgment Notice Sent
On November 5, 2008, we mailed a notice acknowledging withdrawal of this application or petition I140 IMMIGRANT PETITION FOR ALIEN WORKER. If you have not received the notice within 30 days of November 5, 2008, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence.
I am not sure if this means that my 485 will be denied shortly...
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bkn96
01-06 09:50 PM
My MTR is still pending with USCIS since 6 weeks. I sent form 7001 to Ombudsman office and got a one line reply that 'your case problem request is currently being processed'
Sent letters and supporting documents to 2 US senators, but i got standard reply from them saying they need 30days to find the status. Office of one senator (NJ) was very helpful but not sure how this helps in resolving my case..
Sent letters and supporting documents to 2 US senators, but i got standard reply from them saying they need 30days to find the status. Office of one senator (NJ) was very helpful but not sure how this helps in resolving my case..
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northstar1
07-15 02:55 PM
Guys',
If you haven't already pls take a moment to digg the Washington Post coverage of yesterday's rally:
http://www.digg.com/politics/The_Gandhi_Protest
If you haven't already pls take a moment to digg the Washington Post coverage of yesterday's rally:
http://www.digg.com/politics/The_Gandhi_Protest
Canadian_Dream
06-21 02:38 PM
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.
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.
needhelp!
01-08 03:00 PM
I emailed my employer. Waiting on response.
