delhiguy79
12-13 08:50 AM
Hi Canadian_Dream,
Congratulations on 485 approval...
Can you please brief us abt the priority dates, ur country of all applications. And also plz tell whether you had same A#s on both 485 applications.
It will be really helpful for us...Thanks in advance.
Pappu,
I agree with you on this, there is some truth to this that there could be delays when there are multiple filings. In fact this is the first time when USCIS has to deal with so many multiple filings, a very few lawyers have any direct experience with it. From USCIS Standard Operating Procedure, there is a mention of "second filing" (not duplicate filing) in the following places:
1. Procedural Overview (Page 4)
2. File Review (Page 46)
3. Interview Waiver Criteria (Page 185)
http://www.ilw.com/seminars/august2002_citation2b.pdf
From the link above:
In (1) and (2) above it says second filing should be handled under the normal process. Although if different A# are assigned case goes to CRU (case resolution unit). But if A# assigned are same, you are more or less processed like a normal case. The last part (3) interview waiver criteria, multiple filing is mentioned as one of the deviations from interview waiver criteria but it NOT the interview criteria itself. In the end processing time for multiple filing is very much up to the discretion of adjudicating officer. Also, I didn't find any reason to believe that there could be issues with security check with multiple filings.
I think all of us multiple filers can breathe easy if our cases are filed clearly with full disclosure of information without any intended willful violation.
I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.
Congratulations on 485 approval...
Can you please brief us abt the priority dates, ur country of all applications. And also plz tell whether you had same A#s on both 485 applications.
It will be really helpful for us...Thanks in advance.
Pappu,
I agree with you on this, there is some truth to this that there could be delays when there are multiple filings. In fact this is the first time when USCIS has to deal with so many multiple filings, a very few lawyers have any direct experience with it. From USCIS Standard Operating Procedure, there is a mention of "second filing" (not duplicate filing) in the following places:
1. Procedural Overview (Page 4)
2. File Review (Page 46)
3. Interview Waiver Criteria (Page 185)
http://www.ilw.com/seminars/august2002_citation2b.pdf
From the link above:
In (1) and (2) above it says second filing should be handled under the normal process. Although if different A# are assigned case goes to CRU (case resolution unit). But if A# assigned are same, you are more or less processed like a normal case. The last part (3) interview waiver criteria, multiple filing is mentioned as one of the deviations from interview waiver criteria but it NOT the interview criteria itself. In the end processing time for multiple filing is very much up to the discretion of adjudicating officer. Also, I didn't find any reason to believe that there could be issues with security check with multiple filings.
I think all of us multiple filers can breathe easy if our cases are filed clearly with full disclosure of information without any intended willful violation.
I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.
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arunmohan
01-06 01:51 AM
I agree with Saralayar and dontcareanymore has point. I think we should ask the conditional green card first for people who are in this country last 10 years and/or are waiting for GC more than 5 years. I don't see any issue for giving conditional green card. At least we will not have to worry for AC21, we could freely change the job, and we could buy a house. USCIS can give permanent green card once the visa number is available. I agree with dontcareanymore that the clock for citizenship should start from the date of approval of I-140. Once we have conditional green card, we could be out from this uncertainty. I don't know how we could proceed for conditional green card. But we need come together and if it is required we could talk to attorney too.
optimystic
03-24 04:00 PM
Got a reply back just now
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.
After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.
After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).
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mirsava
01-09 01:56 PM
My I485 is pending since October of 2006. I had a RFE for medical in april of 2007 and replied quickly. Since then there is no movement in my case. I contacted USCIS several times and they told me that my name check is pending...
more...
anilkumar0902
08-17 02:17 PM
Hopefully, my next posting 'll be after I get cards in hand (hopefully, those are waiting for me in my mail-box, today) this evening :D:D
And that date will be on....:D
Just kidding..
Cheers
And that date will be on....:D
Just kidding..
Cheers
ondreaming
01-11 01:54 PM
This article on today�s Washington Times about the Boehner vs Blunt race to succeed the former House majority leader, gives some hints on both the people and the organizations pushing the inimmigration issues in the Congress: Immigration vote stirs concern about Boehner
http://washingtontimes.com/national/20060111-121934-8017r.htm
http://washingtontimes.com/national/20060111-121934-8017r.htm
more...
Apple_fruit
09-24 11:09 AM
what was your I-485 notice date?
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gc_on_demand
04-24 02:53 PM
They refer to ads on Sulekha and other similar portals
On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies
But are n't they proposing 50 % rule.. how can a small desi company afford 50 % US citizen staff ? That is why may be people think consulting companies will not work.
but what I think is it will make them less profitable. Very small body shoppers will go out of business. Med to large indian owner based consulting companies will be less profitable.
Guys with stock investment in indian IT compnies Heads UP !
On another note - consulting companies will workaround by creating multiple companies and applying h1b through various companies
But are n't they proposing 50 % rule.. how can a small desi company afford 50 % US citizen staff ? That is why may be people think consulting companies will not work.
but what I think is it will make them less profitable. Very small body shoppers will go out of business. Med to large indian owner based consulting companies will be less profitable.
Guys with stock investment in indian IT compnies Heads UP !
more...
gccovet
10-30 09:10 AM
done my part.
GCCovet.
GCCovet.
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file485
05-24 06:17 PM
Friends
I have a labor approved in Civil/Contruction job skills with PD Oct 2003 and my date is current now. However I am currently on a IT company H1-to be specific 'Business Analyst'.
will there be a problem being now on a IT company H1 and filing for 485 with the Civil/Contruction approved labor..?
PLEASE LET ME KNOW...
I have a labor approved in Civil/Contruction job skills with PD Oct 2003 and my date is current now. However I am currently on a IT company H1-to be specific 'Business Analyst'.
will there be a problem being now on a IT company H1 and filing for 485 with the Civil/Contruction approved labor..?
PLEASE LET ME KNOW...
more...
intbuz
08-19 02:37 PM
Yes. Indeed you are approved..Congrats.
thanks Anil
thanks Anil
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subahjaani
01-12 01:48 PM
Just mailed letter to President and a copy to Immivoice.
more...
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bobzibub
05-07 12:49 AM
Hi friends,
My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).
From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.
Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.
I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.
Please advice me what could be the best in my case.
I have PG in engineering (CS) from India.
Thanks in advance
We may be talking about the same thing...I believe that ALIA as asked USCIS for clarificatin about spouses both filing (my wife and I both have.) Only I have no EADs or AP on my application. Just straight 485. My wife's 485 has EADs, APs, for both of us. Now both of our lawyers said it would be fine. It is not about what USCIS wants, however--it is about what they will lose court cases over. They can't possibly dissallow multiple applications after the fact, after we've paid for them. If USCIS was going to x-nay this, their window of opportunity is over. By not barring it, they've defacto allowed it.
Cheers,
-b
My husband and me work for the same company now. He applied in EB3 (India) and PD date with December 2006. I-140 approved and I-485 applied in July 2007. Got EAD and AP for both but still working on H1B (Not used EAD and AP).
From other company, in 2007, I applied for labor substitution and it is approved yesterday, which has PD Nov 2004 (EB3 - India). One of my friend working for this company and I got the reference last moment and I was not hoping for this approval.
Now I have to switch to this company as the company management are asking me to join the company. I read many threads in this forum and this thread too about multiple filings of I485s and withdraw one while applying other.
I read some people had no problems with multiple I-485s. But Murthy's advice is against this while others like Rajiv in favour of this.
Please advice me what could be the best in my case.
I have PG in engineering (CS) from India.
Thanks in advance
We may be talking about the same thing...I believe that ALIA as asked USCIS for clarificatin about spouses both filing (my wife and I both have.) Only I have no EADs or AP on my application. Just straight 485. My wife's 485 has EADs, APs, for both of us. Now both of our lawyers said it would be fine. It is not about what USCIS wants, however--it is about what they will lose court cases over. They can't possibly dissallow multiple applications after the fact, after we've paid for them. If USCIS was going to x-nay this, their window of opportunity is over. By not barring it, they've defacto allowed it.
Cheers,
-b
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delhiguy79
08-23 08:51 PM
Hey guys,
I asked a few questions regarding multiple filings to Rajeev Khanna, see question no 15....
http://www.immigrationportal.com/sho...d.php?t=261757
and his answers are recorded in the following link...
http://www.immigration.com/improving...nce_calls.html
FBI name check will be done once only...and if we ve not mentioned on both 485 forms about the other one we should write a letter to INS and inform them....which wud help in not delaying...
If u ve any other info plz share....
Thanks....
I asked a few questions regarding multiple filings to Rajeev Khanna, see question no 15....
http://www.immigrationportal.com/sho...d.php?t=261757
and his answers are recorded in the following link...
http://www.immigration.com/improving...nce_calls.html
FBI name check will be done once only...and if we ve not mentioned on both 485 forms about the other one we should write a letter to INS and inform them....which wud help in not delaying...
If u ve any other info plz share....
Thanks....
more...
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Nil
03-10 06:51 AM
Absolutely - let us start this. IV top brass what say you?
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485Mbe4001
09-24 02:15 PM
You are correct, EB 3 I has less than 3k visas available. I have confirmed the number on Greg Siskinds blog. There is minor problem with BharatPremi's analysis. EB3 I's... we really need to do something about recapture. There will be no spillover available for EB3-I till 2012.
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
more...
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ca_immigrant
08-21 04:21 PM
Free calls sounds good ....
I am using mother india calling cards currently....
they are 2 cents a minute I believe...
a 10$ charge gives me 500 minutes...
so for $25 I get 1250 minutes which is around 20 hours....
I guess I can stick to this for now and wait for feedback from folks here to see if Vonage is really that good....
I doubt I will talk more than 20 hours in a month.
but FREE calls sounds lucrative...
I am currently on SBC for my land line and am using thier DSL also..
So to get vonage that will be an add on service, right ?
Does vonage work on DSL also or you need cable ?
I am using mother india calling cards currently....
they are 2 cents a minute I believe...
a 10$ charge gives me 500 minutes...
so for $25 I get 1250 minutes which is around 20 hours....
I guess I can stick to this for now and wait for feedback from folks here to see if Vonage is really that good....
I doubt I will talk more than 20 hours in a month.
but FREE calls sounds lucrative...
I am currently on SBC for my land line and am using thier DSL also..
So to get vonage that will be an add on service, right ?
Does vonage work on DSL also or you need cable ?
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bomber
06-29 05:18 PM
I'm at a total loss here. My dates became current in June and I was ready with all the paperwork - even filled all the forms myself. Company and their attorneys took their own time and sent the application out only today for Monday delivery... I kept on reminding them what USCIS did to EB-3 other workers.. but all for nothing....... they can just say 'oops sorry' and out lives are screwed!!!
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check_rd
06-24 03:01 AM
Mine case is labor 06/2002 EB3, I-140 approved.
Spouse labor priority date is 06/2007 EB2, I-140 needs to be applied.
Acoording to my lawyer one cannot have 2 I-485's and though i explained that no such return rule he said its a risk and will get RFE and delays and personally does not recommend.
I am going to check with my wife lawyer on Monday and its well reputed law firm.
Since we both have stable jobs i am probably going to opt for my I-485 which has been already been filed and just file I-140 for my wife's case. Any thoughts ?
Spouse labor priority date is 06/2007 EB2, I-140 needs to be applied.
Acoording to my lawyer one cannot have 2 I-485's and though i explained that no such return rule he said its a risk and will get RFE and delays and personally does not recommend.
I am going to check with my wife lawyer on Monday and its well reputed law firm.
Since we both have stable jobs i am probably going to opt for my I-485 which has been already been filed and just file I-140 for my wife's case. Any thoughts ?
letstalklc
10-01 12:31 PM
ALLVOI has plans for $14.99/750 mins and $ 19.99/1300 mins to India. I think thats more than enough for normal household's use :)
And ALLVOI works with cellphone too.
If you want only India calling, there are lot of good calling card companies, that they are offering better price than the above mentioned.
Airtel call home - 9.99 + tax = you will get 600 mts - 45 days validity period
relaible calling - 9.99 +tax = you will get 600 mts - 30 days validity period
And ALLVOI works with cellphone too.
If you want only India calling, there are lot of good calling card companies, that they are offering better price than the above mentioned.
Airtel call home - 9.99 + tax = you will get 600 mts - 45 days validity period
relaible calling - 9.99 +tax = you will get 600 mts - 30 days validity period
sk2006
09-27 06:00 PM
Two things about VONAGE:
1. Tax kills the deal. For me its coming more than $31 per month.
2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.
Still calling unlimited india is a very tempting idea.;)
Taxes are inevitable!
I personally haven't seen any issues with Call quality. Infact Call quality is excellent.
1. Tax kills the deal. For me its coming more than $31 per month.
2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.
Still calling unlimited india is a very tempting idea.;)
Taxes are inevitable!
I personally haven't seen any issues with Call quality. Infact Call quality is excellent.