vamsree
06-22 02:36 PM
Hi,
My wife filed for greencard in Oct 2006 under the Schedule A category where she filed for 140 and 485 concurrently.
We got our EADs in November 2006. Later my company started my GC process(priority date is Nov 2006). I talked to my attorney about my 485 filing and she says that I should go ahead and file my application but only Adjustment of Status and not AP and EAD along with it. I should however give the reference of my earlier reciept numbers while filing my 485. My questions are:
1. What happens if my wife's I-485 gets denied? How will this affect my I485 process and our EADs?
2. We have not applied for AP and also didn't get our medical examination done when filing my wife's 485 application. Can I do these now when filing my 485?
Please advise.
Thank you.
My wife filed for greencard in Oct 2006 under the Schedule A category where she filed for 140 and 485 concurrently.
We got our EADs in November 2006. Later my company started my GC process(priority date is Nov 2006). I talked to my attorney about my 485 filing and she says that I should go ahead and file my application but only Adjustment of Status and not AP and EAD along with it. I should however give the reference of my earlier reciept numbers while filing my 485. My questions are:
1. What happens if my wife's I-485 gets denied? How will this affect my I485 process and our EADs?
2. We have not applied for AP and also didn't get our medical examination done when filing my wife's 485 application. Can I do these now when filing my 485?
Please advise.
Thank you.
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suriajay12
03-12 07:53 AM
Looks like this thread is dying.. Is Sarala who created this, still around???
vinabath
07-10 09:46 AM
Why would they think like that?, USCIS made a mistake. They tried to cover (by making visas unavailable) their ass to save their jobs. Thats why we have congress to help us out.
For USCIS its a bad publicity.
I am telling you guys, the USCIS is gonna SERIOUSLY think "Lets keep screwing these guys and getting free stuff AND free publicity"
For USCIS its a bad publicity.
I am telling you guys, the USCIS is gonna SERIOUSLY think "Lets keep screwing these guys and getting free stuff AND free publicity"
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akela_topchi
08-07 11:01 AM
Height of selfishness....
It is amazing that how these people are ready to spend tons of money and time for such selfish causes.
If this kind of enthusiasm is displayed on IV action items and contributions then there would be better chances of achieving the goals of this community.
People who created this forum, which is helping this community so much, have been working for years.. selflessly.. spending time and money and effort many times spending their own money for the causes of this community.. people like Aman, Pappu, Pascal, logiclife et al... There are lots of people in this community who thought about the community first.
If they were like you.. then things would have been worse.
But, if you are so hell bent on putting your GC first, irrespective of the damage to the cause of the community, if you are so mad about yourself.. why do you care about polling.. Go alone.. just focus on "you and your GC" .. achieve something alone.. You can then keep all the benefits to yourself.. all yours..Go ahead!
Just like your campaign, the fundamentals on which you run it, cannot be trusted.. because if it suits you, you'll sell you supporter's interests for your own GC.
That's why you get support from very few....
This forum was created on better fundamentals.. Here community comes first.
That is why IV and those who created this forum have support of thousands!
It is amazing that how these people are ready to spend tons of money and time for such selfish causes.
If this kind of enthusiasm is displayed on IV action items and contributions then there would be better chances of achieving the goals of this community.
People who created this forum, which is helping this community so much, have been working for years.. selflessly.. spending time and money and effort many times spending their own money for the causes of this community.. people like Aman, Pappu, Pascal, logiclife et al... There are lots of people in this community who thought about the community first.
If they were like you.. then things would have been worse.
But, if you are so hell bent on putting your GC first, irrespective of the damage to the cause of the community, if you are so mad about yourself.. why do you care about polling.. Go alone.. just focus on "you and your GC" .. achieve something alone.. You can then keep all the benefits to yourself.. all yours..Go ahead!
Just like your campaign, the fundamentals on which you run it, cannot be trusted.. because if it suits you, you'll sell you supporter's interests for your own GC.
That's why you get support from very few....
This forum was created on better fundamentals.. Here community comes first.
That is why IV and those who created this forum have support of thousands!
more...
apb
10-02 02:45 PM
Awaiting interview call when the dates are current.
andy garcia
06-15 01:43 PM
I filed a G28 to allow me to represent my wife. I did not use an attorney. If you are filing for more than one person then I think that a G28 is worth it. It is a trivial form.
This is written on the G28 page from CIS:
Notice of Entry of Appearance as Attorney or Representative
Purpose of Form :
To provide notice that an attorney or representative of a religious, charitable, social service or similar organization will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.
This is written on the G28 page from CIS:
Notice of Entry of Appearance as Attorney or Representative
Purpose of Form :
To provide notice that an attorney or representative of a religious, charitable, social service or similar organization will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.
more...
admin
02-20 02:41 PM
Can someone explain why it seems harder to find backers in the house than in the senate for immigration reform (even the employment based legal immigration)? If we understand this, maybe it will help us focus our lobbying efforts better. Just a thought.
arihant,
The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.
But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.
arihant,
The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.
But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.
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chanduv23
09-09 02:59 PM
Lets keep this thread on top.
Come on folks, lets burn those phone lines.
Come on folks, lets burn those phone lines.
more...
test101
07-11 10:17 AM
I AM ORDERING PIZZA and gourmet food from local restuarants every week to be delivered to Emilio Gonzalez
The delivery will be on the 15th July.
Anybody want to join
Hold on , wait till we all agree on this, and run it by the IV core. The flower campaingn is running nicly now. We do not want to over it . wait a little bit and lets decide an the next step. i doubt that they will accept food.
The delivery will be on the 15th July.
Anybody want to join
Hold on , wait till we all agree on this, and run it by the IV core. The flower campaingn is running nicly now. We do not want to over it . wait a little bit and lets decide an the next step. i doubt that they will accept food.
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gcwait
09-02 08:34 PM
please send me email so that i can subscribe this service
more...
jonty_11
06-21 12:59 PM
Its just sad that when it comes to processing immigration applications, we are too many. But when it comes to contributions or calling senators and sending emails, WE ARE TOO FEW :confused:
That the agonizing truth.
That the agonizing truth.
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pbuckeye
04-01 04:09 PM
This is not I-485 and its a CP case...
Thanks. That was an obvious oversight indeed.
Thanks. That was an obvious oversight indeed.
more...
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grupak
08-21 12:40 PM
I am saying Recapture will only help EB2 and not EB3. Bcoz all the recaptured numbers will be used by EB2 first. So EB2 dates will move forward and then people with PD in 2007 and 2008 in EB2 will use up captured numbers and EB3 will still be waiting to get any leftovers.
I am not saying you are wrong but we need numbers to say one way or another. Like I said, the pending EB2-I using the most generous distribution is half of the recapture numbers. There is fresh inflow from new H1B and such but it seems unreal to me that EB2 will not become current with the recapture.
I also agree that it would be better if the recapture numbers are divided, equally or in some manner, among the categories.
Right now, it seems that even if USCIS gives EB1+EB2 ROW numbers to EB3 ROW, the unused EB3 ROW numbers would go back to EB1-C/I--> EB2 -C/I --> EB3 C/I.
Again, I am not here to suggest you shouldn't take the initiative in doing what you think is best for you.
I am not saying you are wrong but we need numbers to say one way or another. Like I said, the pending EB2-I using the most generous distribution is half of the recapture numbers. There is fresh inflow from new H1B and such but it seems unreal to me that EB2 will not become current with the recapture.
I also agree that it would be better if the recapture numbers are divided, equally or in some manner, among the categories.
Right now, it seems that even if USCIS gives EB1+EB2 ROW numbers to EB3 ROW, the unused EB3 ROW numbers would go back to EB1-C/I--> EB2 -C/I --> EB3 C/I.
Again, I am not here to suggest you shouldn't take the initiative in doing what you think is best for you.
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chanduv23
11-19 03:30 PM
I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
No responses from anyone else.
Well we cannot expect any better. Our aim is to make sure that we do not get frivolous denials on 485 for ac21 cases and we have to work towards that.
No responses from anyone else.
Well we cannot expect any better. Our aim is to make sure that we do not get frivolous denials on 485 for ac21 cases and we have to work towards that.
more...
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chanduv23
11-06 05:10 PM
Sorry to hear that. Hope that will not effect your I-485 application processing.
For me, I have not seen any status change to my 140. After a series of LUDs to both 485 and 140 at last today I see my 485 status has changed. It says RFE sent. Good that I have not received any NOID or Denial. This is the best case scenario that I was hoping for. I have yet to receive the RFE to see the actual cause. But hoping this is due to 140 withdrawal. I thank the IO who is working on my case as he/she is quite knowledgeable and issued a RFE not NOID or denial.
So people please keep sending letters.
Well this is what I understand - difference between RFE and NOID
If it is an RFE - you can withdraw your 485 petition and apply for a new 485 petition (if you are current) and that is not possible in NOID. So if you are retrogressed - it is almost the same.
Also remember that technically both are same - some IOs update status message to "Request sent ..." some do not. When I got to know something happened to my 140 and 485 I called customer service and they explained that "We have sent letter requesting information, so please do not panic" when I received the letter it was NOID.
Good luck, atleast you got a good IO.
Lets keep sending letters until we stop seeing denials and start seeing posts like this
For me, I have not seen any status change to my 140. After a series of LUDs to both 485 and 140 at last today I see my 485 status has changed. It says RFE sent. Good that I have not received any NOID or Denial. This is the best case scenario that I was hoping for. I have yet to receive the RFE to see the actual cause. But hoping this is due to 140 withdrawal. I thank the IO who is working on my case as he/she is quite knowledgeable and issued a RFE not NOID or denial.
So people please keep sending letters.
Well this is what I understand - difference between RFE and NOID
If it is an RFE - you can withdraw your 485 petition and apply for a new 485 petition (if you are current) and that is not possible in NOID. So if you are retrogressed - it is almost the same.
Also remember that technically both are same - some IOs update status message to "Request sent ..." some do not. When I got to know something happened to my 140 and 485 I called customer service and they explained that "We have sent letter requesting information, so please do not panic" when I received the letter it was NOID.
Good luck, atleast you got a good IO.
Lets keep sending letters until we stop seeing denials and start seeing posts like this
dresses Santress. Alexander Skarsgard
nrk
08-16 01:23 PM
congrats.
Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!
Details:
PD: 04 Jan 2006, EB2 I
RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
ND: 27 Aug 2007, NSC
Didn't do anything in 2008 and decided to do everything possible this time around.
Aug 3 - Primary I-485 SR,
Aug 5- Primary EAD SR,
Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
Aug 10 - Opened an Infopass for Aug 18
Aug 16, 8:30 am - Dependent SR
Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
Aug 16, 11:00 am - Wife called me to inform the good news, the online status change.
Aug 16, 11:05 am - got the text message (which just said "check your status online").
Aug 16: Got the CPO mail (time stamped 10:18am)
Guys (and Gals), Hang in there and you will have your independence soon.
Regards,
Yet Another Greencard Wait (not anymore :)
Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!
Details:
PD: 04 Jan 2006, EB2 I
RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
ND: 27 Aug 2007, NSC
Didn't do anything in 2008 and decided to do everything possible this time around.
Aug 3 - Primary I-485 SR,
Aug 5- Primary EAD SR,
Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
Aug 10 - Opened an Infopass for Aug 18
Aug 16, 8:30 am - Dependent SR
Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
Aug 16, 11:00 am - Wife called me to inform the good news, the online status change.
Aug 16, 11:05 am - got the text message (which just said "check your status online").
Aug 16: Got the CPO mail (time stamped 10:18am)
Guys (and Gals), Hang in there and you will have your independence soon.
Regards,
Yet Another Greencard Wait (not anymore :)
more...
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venetian
10-21 03:11 PM
Today my friend, his wife and kid got CPO emails. His PD is Aug 2004, EB2-India.
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nkavjs
09-20 02:40 PM
common.. How they can track? though I did sent flowers.. :)
Well i am writing to everyone for my case. I don't know it will help. But nothing harm in trying...
I did sign G-38 (whatever that number is) for attorney. Can I still send email from my end to USCIS, congressmen and all the team requesting explanation on my application?
Thxs
Well i am writing to everyone for my case. I don't know it will help. But nothing harm in trying...
I did sign G-38 (whatever that number is) for attorney. Can I still send email from my end to USCIS, congressmen and all the team requesting explanation on my application?
Thxs
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espoir
07-11 07:13 AM
http://www.thnt.com/apps/pbcs.dll/article?AID=/20070711/NEWS/707110343/1001
ras
08-08 10:06 AM
Good job analysing this particular issue. Appreciate ur patience in sharing with others.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
amitjoey
07-09 08:03 PM
Ok, Those who have not sent flowers, consider sending them. And everybody please take 10 minutes and email the news out to reporters, friends, and family. It has a ripple effect. Also talk about it to your coworkers. Text, orkut, or call your friends.
