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  • pappu
    11-19 07:55 PM
    This is the reply from Attorney Murthy on a question asked on Murthy chat about filing two employment based I-485's for the same beneficiary (not the husband/wife situation).


    "Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."


    After much research on this, I tend to agree with this answer above (not the CP part though). As per my latest information from a lawyer who does multiple filings, the processing delay can be significant due to this. Looking back, wish our community had more information on this and more real examples of people who have done it. It would have helped members who were unsure if they should do multiple filings.

    Anyways this thread will be useful for future I485 filers.





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  • grupak
    03-26 11:39 AM
    Right but the here problem is that how to come up with written evidence of discrimination? These jerks do not send you an email "Hey, we do not consider EAD". Their pattern is generally as under.


    I understand. For an analogy consider theft. You might not know who did it but you lodge a complaint with the police. Its their job to investigate. Sometimes they are successful, sometimes they are not.

    In this case if the govt gets lot of complaints, and find a pattern they will investigate and find the dirt.

    All I and a few others are saying, discriminating EADs is illegal, and there is a govt. agency to deal with these things. So, if anybody is a victim contact the govt. agency. By being quite we are not helping ourselves.





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  • alisa
    06-24 07:00 PM
    if we pursue independent applications (so both spouses have the option to stop working if they want to); is this the way it works:
    - file independent I-485s.
    - whoever stops working changes status to H4 or F1 (depending on what they want to do)
    - if one gets approved, the other withdraws the application made as a primary and files one as a dependent (since the other persons PD would be current at that point). Some lawyers say you can interfile the spouses I-140 at this stage, others say you cant.

    Can you add a dependent after your 485 is approved?
    Also, if I become a beneficiary on my wife's application, will I be able to maintain my H-1 status, and keep on renewing it?

    My wife and I are now leaning towards independent filing, with no beneficiary for now.





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  • ourgcapproved
    08-17 01:45 PM
    Due to the pending caseload at NSC, the processing time of your I485 application has been extended. Allow extra time for an officer to review your application. Furthermore if all intial evidence was not included with your application or a question arose during adjudication that required a RFE additional time would be needed.
    Your application remains awaiting review by an Officer and you will be notified as soon as decision is made. The service is waiting for VISA availability


    got this message for my wifes SR opened on 07/30, did anyone got the same response?



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  • skd
    07-09 06:36 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD


    USCIS Director Emilio Gonzalez, has become a member of IV...Or he started reading our posts in this forum





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  • jung.lee
    01-07 08:40 PM
    My wife is in the same boat. Interviewed Jan 4th. in Mumbai and passport returned immediately - asked to resubmit passport after she received an approval email or phone call. I started a new thread here: <http://immigrationvoice.org/forum/showthread.php?t=16508&highlight=mumbai>



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  • katrina
    05-10 02:49 PM
    My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if

    >she can file 485 by being in F1 ?

    If you are under H1b and she is applying for 485 together with you then answer is yes she can.

    >Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?

    No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.

    >What will be her status when she starts using EAD if she filed being in F1?
    Once she filed 485 she will be waiting for her status to be Permanent resident.
    her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.

    I'm not a lawyer what I've told and writte has to be confirm with your attorney.


    Also Please see below answer by Attorney Murthy:

    Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?

    Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.





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  • pappu
    10-18 10:32 AM
    More info
    http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_bcs.pdf



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  • asanghi
    06-29 05:21 PM
    But I can not help but notice the timing of priority dates becoming current and also these rumours.

    The priority dates became current right before the immigration bill was to be brought up for the second time in the senate. Now as the bill has been shot down, next day these rumours begin surfacing. Guess no need to keep us distracted anymore, so no need to go through the pain of getting bombarded with applications.

    I feel, both are extraordinarily extreme measures. Make priority dates jump 5 years in one month and then retrogress them in the middle of the month.





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  • anura
    04-07 11:05 AM
    And then people will argue about how many arms does an octopus have :D

    We have sufficient data to predict that.... more or less. Cheers.



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  • Green_Print
    07-11 03:28 AM
    In such trying times its awesome to find individuals in the media willing to lend a receptive ear to the hardships faced by all of us and write a wonderful news article on it. Its even more significant especially because when people who should be listening to our concerns and who have the ability to address these issues have turned deaf ears.

    She and other media personnel who have helped highlight this issue deserve at least a thank you note.

    Just my thoughts.....

    Dear Non-Indian Members,
    When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries
    She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days)
    I would suggest, that non-Indians, please contact Xiyun @
    email:yangx@washpost.com
    office phone: 202 334 6701

    Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else

    We definitely want to make this an universal issue and not just an Indian Issue

    Anand Sharma





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  • aruny5
    09-09 01:49 PM
    called...
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035

    called these 5 representative during lunch time. Operator who picks the phone is taking messages by him / her self. I think they are getting lots of calls (most probably from NumbersUSA). These operators won't let you speak for more than 1 min.



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  • StillonH1B
    09-24 06:06 PM
    This link is not working
    http://www.uscis.gov/USCIS/New%20Str...%20Reports.pdf. I get a Page Not found error.

    Is there a different link.





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  • kevinkris
    10-02 01:26 AM
    Hi All,

    My friend whose PD is Dec 30 2004 - EB2 - Texas got his approval email. But he is already in india and travelling back this Oct 12th.

    He already has valid Advanced Parole with him.

    He wants to if there are any issues for him to enter at port of entry?
    Any documents or print out of approval etc to be carried with him?

    Does he needs to tell the office that his GC got approved?

    Please help.



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  • STAmisha
    06-29 03:47 PM
    lOOKS LIKE IT. He tells something sensational and back tracks it





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  • tapsemi
    05-27 07:37 PM
    My priority date is current now and my company has already filed for my I-140. I have have two questions:

    1) My wife converted from H4 to H1b last year end and she has not gone out of the country to get any H1b stamp. Will this complicate things? Does she need to go out to get a valid H1b stamp? In case of any trouble, will it be easy for us it she converts back to H4 again?

    2) I saw that I485 processing times are taking about 6 months at the CA service center. Hence, under the current conditions, what is a better choice go: for Consular processing or Adjustment of Status? Thanks. :confused:



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  • jonty_11
    08-09 01:58 PM
    This is my view about how USCIS has messed up in name check delays.

    Name check PROGRAM that they might be using takes into account phoenetic spelling of FIRST and LAST NAME. Now just imagine, if your name is broken into 100 different spelling combinations and when your entire BIRTH YEAR IS checked against the databse--it will be surprising if there are no HITS. And to resolve those hits, pre-1995 records needs to be serached manually. There is no responsibility or time commitment by FBI or USCIS for the delay.
    This might be true for Asian names. The argument is-- the names in the databse are translations and therefore, they need to check accordingly.

    I BET they are not doing this for AMERICAN names, I mean for passport approval, they do not apply phoenetic program. I remember that FBI testimony included the discussion that they have set up appropriate filters for passport applicants (american citizens) so that unnecessary hits are avoided. Now this is my view and a discussion point. I may be wrong too.

    In effect, Indian and Chinese professionals are deprived of immigration benefits.

    Equally controversial is per country limitations in EB categories. If you do not select based on country of origin, you should not be subjected to per country limits because you are working for an american company and you are going to be american. Any demographic adjustment need to be made in diversity visa lottery.

    This retrogression in effect deprives Indian and Chinese professionals of their benefits.

    Justice and fairness has it that these problems need to be addressed. Abundant common sense and deeply practical approach that USA has, I am sure above problems will find attention. This great nation has always supported JUST and FAIR rules.
    I think Indians have outnumbered chinese over the last 2-3 years...
    Come October, the VB will be worse for India and Much better for China.





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  • snathan
    11-23 05:13 PM
    Where did I say that american's gave better advice than desis. I was just trying to compare mentality of two diff community for a same situation.
    I m not asking for personal opinion as to how u feel when someone foreclose.I m asking for an advice as to what r the consequences

    It was greedy people like you who brought us into this mess. Didnt you think twice before making this huge investment. There are lots of websites/sources saying if you are not going to live in that house for at least five years, Do not buy it.

    Every one thought they can make money because the house price is going go up all the time. But only the other guys are 'Stupid'.

    Well, when you are going for foreclose it will affect your credit history for very long time. Even it will reset your credit card rate to default APR around 32-38%. I am not sure about the other consequences.





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  • rahulsharma73
    07-10 08:41 PM
    Hi Guys,

    I sent the flowers on the address suggested bu some links on some websites but USCIS is not accepting if exact suite number is not mentioned on the address. I called their office and asked for the addtress for Emilio Gonzalez but they did not give suite#. But they mentioned that he is on 5th Floor.

    Please use the following address:


    Emilio T. Gonzalez
    5th Floor
    20 Massachusetts Avenue Northwest
    Washington D.C. 20529

    I know it will cost some money but please have faith on this campaign and keep sending the flowers. It will definitely create a big wave. This is the only way you can get some media recognition otherwsie no one other than us gain anything from it. Politicians are not intersted in talking about it. For media whole DOS / USCIS hoax is not worth covering as it will not get attention from americans. But by participating in the campaign will really get some attention.

    Let's help ourselves by sending flowers!

    Regards,
    Rahul





    Macaca
    02-21 10:50 AM
    Broken Borders and Dover Sole: My Lunch With Lou Dobbs (http://www.nytimes.com/2008/02/21/opinion/21thu4.html?ref=opinion) By LAWRENCE DOWNES | NYT, Feb 21

    So I was having lunch at the Four Seasons with Lou Dobbs the other day, locked in disagreement over who cared more about working people, him or me.

    Him: CNN host, biggest and loudest gun in the battle for tougher immigration policies, leader of a nightly crusade to expose the misdeeds of those he views as elitist fools and scoundrels.

    Me: editorial writer whose views on immigration qualify, to Mr. Dobbs and many others on his side of the debate, as elitist, foolish and scoundrelly.

    Meeting at the Four Seasons was his idea, to continue a long, civil and inconclusive phone conversation about immigration. I got there early and waited at Mr. Dobbs�s banquette. I looked around the hushed room, full of dark suits and a wintry glow. Mr. Dobbs appeared and settled in, his drink, cranberry juice and seltzer, materializing at his right elbow.

    In the spirit of the occasion, I ordered strictly within our borders: lobster bisque, filet of bison and New York tap water. He had the Dover sole.

    Among people whose immigration views I admire, Mr. Dobbs has a reputation as a hopeless blowhard. I did not dwell on that at lunch. I was his guest, and I had seen what happens if you try to skewer him with insult or accusation. Mr. Dobbs is unencumbered by self-doubt. The granite fortress of his certitude is smooth and featureless, and whatever boulders you hurl at it will end up on your head. Besides, I was looking for something better than an argument. I wanted to convert him.

    An honest person must concede a lot when arguing immigration with Mr. Dobbs: Yes, the borders and ports are insecure, and poor countries like Mexico have done too little to solve their economic and migration problems. Yes, illegal immigration hurts some Americans, globalization causes many global problems and big corporations love to stick it to the little guy.

    My point to Mr. Dobbs was that the little-little guy � the �illegal alien� crossing our �broken borders� � was the wrong target. His overriding emphasis on solving globalization�s many ills by urgently sealing the borders strikes me as populism gone astray.

    First, it�s ineffective, because the country will never be ziplocked as tightly as he wants it to be. The price of trying is too high, and it ignores the millions who enter the country legally but overstay. Most shamefully, it does nothing to resolve the fates of the 12 million undocumented already here.

    Second, the obsession with enforcement dovetails with the agendas of some nasty people: the nativists for whom immigration is a simple case of brown and white, of preserving �American� culture by keeping Latinos out.

    Third, it does too little to attack the evil corporate elites that are Mr. Dobbs�s sworn enemy. What makes illegal immigrants so delectable to big, bad business is their illegality � their willingness to work cheap and under the table. So why not legalize and tax them? Assimilate the good guys, as this country has always done, and save law enforcement for the bad ones.

    The idea is to confront abusive corporate power with worker power. If day laborers end up in our suburbs, where the money and jobs are, then give them safe places to gather and help them work together to keep from driving wages and working conditions down. If companies take advantage of workers, empower the workers to fight back: as union members, legal residents, citizens.

    But that�s �amnesty,� a Dobbsian expletive. It�s the opposite of the crackdowns endorsed by him and the hard-liners he praises, like the Minutemen.

    Mr. Dobbs listened graciously and budged not. He said he respected immigrants, even illegal ones, who he felt had gotten an unfair shake from their governments. He reminded me of his fondness for Cesar Chavez.

    Then he repeated his immigration credo. It went like this: the 1986 immigration law was an amnesty promoted by corporate interests waging war on the middle class. Thus the 2006 and 2007 reforms were also amnesty, pushed by the same self-serving plutocrats. So nothing they want is worth doing � at least not until the border is sealed.

    That could be a long time. While we wait, I am going to keep trying to convince Mr. Dobbs that a comprehensive solution � enforcement plus assimilation � is the best expression of the populism he espouses.

    Mr. Dobbs admits that mass deportation would never work, although if you press him on what to do about the 12 million, he has no answer. He wants to hold that question �in abeyance� until the border is sealed. I find that oddly passive for someone so convinced of the dangers from the aliens in our midst.

    I told him that, and he smiled. The lunch was over. I didn�t wrestle over the check because there was no check, just a goodbye from the staff. I got my coat and walked with Mr. Dobbs to his car. We shook hands and I thanked him for the discussion. He made me promise to continue it. I assured him I would.





    ankur6ue
    09-08 09:28 PM
    PD is April 12 2006 not what I stated in the previous post. Sorry for the confusion



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