java_jaggu
06-26 12:33 PM
Multiple 485 and EAD filing
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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
Reply With Quote
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I really don't know why someone would file the 485/EAD through the spouse when the spouse is planning to change the career field, and you know that you need to be in a similar job description to work on EAD. It almost seems like a no-brainer that the guy in this case should have filed for the 485/AP/EAD.
--------------------------------------------------------------------------------
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
Reply With Quote
-----------------------------------------------------------------------------------
I really don't know why someone would file the 485/EAD through the spouse when the spouse is planning to change the career field, and you know that you need to be in a similar job description to work on EAD. It almost seems like a no-brainer that the guy in this case should have filed for the 485/AP/EAD.
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bitzbytz
03-29 06:10 PM
Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha
:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D
I hope you got my sarcasm
:D:D:D:D:D:D:D:D:D:D:D:D:D:D:D
I hope you got my sarcasm
NKR
08-07 10:53 AM
Not cutting line my friend, just standing and waiting paitently in line for my number to come.
An EB3 guy had waited patiently after getting into GC queue and you come later with your masters and go ahead of him, isn;t this cutting the GC line?.
An EB3 guy had waited patiently after getting into GC queue and you come later with your masters and go ahead of him, isn;t this cutting the GC line?.
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spdy_mn
06-29 04:43 PM
Is there a phone number we could call and ask about the Mid Month Retro..that AILA ihas announced.?
ANyone knows a DOs cnumbers where they actually answer calls...?
It might be closed, I guess. It is 5:15 PM EST on a Friday.
ANyone knows a DOs cnumbers where they actually answer calls...?
It might be closed, I guess. It is 5:15 PM EST on a Friday.
more...
appas123
08-19 09:56 AM
:D
APPAS123: THANK YOU FOR YOUR SUGGESSTIONS, WE REALLY APPRICIATED.
I DO NOT KNOW WHAT WORKED OUT.
LAST MONTH I OPNED SR FOR ME AND MY WIFE.
THIS MONTH SEND EMAIL TO OMBUDSMAN.
SEND EMAIL TO NSCFOLLOWUP.
TWICE WENT TO INFOPASS.
CALLED SEVERAL TIMES CUSTOMER SERVICE.
PRIORITY DATE: DEC 15 2005
SERVICE CENTER: NSC
CATEGORY: EB2
JUST NOW GOT Card/ Document Production EMAILS.
Glad I could be of help. Please stick around and help others as well and if you don't mind, please donate as much as you can to IV. Enjoy your new found freedom :)
APPAS123: THANK YOU FOR YOUR SUGGESSTIONS, WE REALLY APPRICIATED.
I DO NOT KNOW WHAT WORKED OUT.
LAST MONTH I OPNED SR FOR ME AND MY WIFE.
THIS MONTH SEND EMAIL TO OMBUDSMAN.
SEND EMAIL TO NSCFOLLOWUP.
TWICE WENT TO INFOPASS.
CALLED SEVERAL TIMES CUSTOMER SERVICE.
PRIORITY DATE: DEC 15 2005
SERVICE CENTER: NSC
CATEGORY: EB2
JUST NOW GOT Card/ Document Production EMAILS.
Glad I could be of help. Please stick around and help others as well and if you don't mind, please donate as much as you can to IV. Enjoy your new found freedom :)
MeraNaamJoker
08-13 03:23 PM
Congrats to all those got approvals.
Thanks to all who congratulated me.
Above all, THANK GOD
Thanks to all who congratulated me.
Above all, THANK GOD
more...
tonyHK12
04-07 11:04 AM
And then people will argue about how many arms does an octopus have :D
We could use a free volunteer octopus. do we have leftovers from the reception? :)
We could use a free volunteer octopus. do we have leftovers from the reception? :)
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Leo07
09-23 04:33 PM
Living in the Pessimistic world. Dumb me.
47K + 5500*2.1 ~ 58000 visas...for EB2 I to make it current. coldcloud-> you cut short the waiting time by half ( from 10 years to 5 years? :))
I believe you dont need to multiply all of the 485 by 2.1 as already applied I485 will include the family?
47K + 5500*2.1 ~ 58000 visas...for EB2 I to make it current. coldcloud-> you cut short the waiting time by half ( from 10 years to 5 years? :))
I believe you dont need to multiply all of the 485 by 2.1 as already applied I485 will include the family?
more...
Help_Us
06-25 04:21 PM
Posting my case, in case someone in similar situation is interested.
Self : PD July 2002 -EB3
Spouse : PD Feb 2006 - EB3.
Suggested by our lawyers.
File my I-485 with spouse as dependent,
File my spouse's I-485 with me as dependent mentioning receipt notice of first I-485.
File for only one set of EAD and AP docs. Doesn't matter with which.
Filing both in July '07.
The pitfall to that is with the current rush it could be months before you get the receipt and by that time the spouse's date could have retrogressed.
Self : PD July 2002 -EB3
Spouse : PD Feb 2006 - EB3.
Suggested by our lawyers.
File my I-485 with spouse as dependent,
File my spouse's I-485 with me as dependent mentioning receipt notice of first I-485.
File for only one set of EAD and AP docs. Doesn't matter with which.
Filing both in July '07.
The pitfall to that is with the current rush it could be months before you get the receipt and by that time the spouse's date could have retrogressed.
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naushit
10-01 03:24 PM
Alright, Finally I got CPO email , Life is good.
Thanks,
-N
Finallly, my online status changed from "Initial review" -> "Document production" and also got email from Senator's office that my case is approved.
I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.
Thanks,
-N
Thanks,
-N
Finallly, my online status changed from "Initial review" -> "Document production" and also got email from Senator's office that my case is approved.
I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.
Thanks,
-N
more...
singhsa3
11-04 10:20 AM
If they are indeed genuine then there should nothing be worried about. They would come out clean. Remember, the whole labor certification is to protect the interest of American people and not foreign workers like you and me.
If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.
If DOL scrutinizes such petitioners more than others, then its good. That will weed out pretenders; but also on the other hand, that will put genuine candidates petiotions into a pre-adjudicated state.
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mrsr
06-27 03:58 PM
yes u can write her tin number there ( i have done so )
Can somebody answer this....
Can somebody answer this....
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mheggade
10-29 11:45 AM
done:cool:
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vasa
07-11 09:04 AM
HI guys,..
Not sure if anyone posted this link... it is on PRLOG
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http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html
Not sure if anyone posted this link... it is on PRLOG
"Bollywood supports Highly-Skilled Workers' Green Card Concerns"
http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html
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nk2006
01-15 11:13 AM
Hi RajuSeattle--
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
Your frustration is understandable but talk to a good lawyer and open an MTR immediately. From your description yours is a good example of how USCIS is confused about AC21 cases - work with your lawyer on MTR it seems MTR's are successful in most cases. Also please take time and contact Ombudsman to file DHS Form 7001 as suggested at: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm.
(look back in this thread a few other members had similar issue - I485 denial upon withdrawal of I140 by previous employer - contact them directly to get specific lawyer info).
You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.
Please note the response I got from the attorney of my previous employer (the one who revoked)
This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.
Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.
I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.
Mohican,
Your frustration is understandable but talk to a good lawyer and open an MTR immediately. From your description yours is a good example of how USCIS is confused about AC21 cases - work with your lawyer on MTR it seems MTR's are successful in most cases. Also please take time and contact Ombudsman to file DHS Form 7001 as suggested at: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm.
(look back in this thread a few other members had similar issue - I485 denial upon withdrawal of I140 by previous employer - contact them directly to get specific lawyer info).
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lavenyahs
05-24 12:10 PM
My father tried to get a Non Availability certificate but they told since the birth is registered they can't issue one and that they also won't change the name...:mad: (after the incident where that MP tried to sneak people into Canada they are very strict it seems)
more...
makeup Mary J Blige, Trey Songz.
snathan
04-27 12:04 AM
We heard so many stories about violation many Indian bodyshoppers like bench without pay,Low pay ,fake resumes and many more. But when any bill comes to control them we are opposing. Because we fear that we may be one of the persons working in those companies and may be impacted by that.
Certainly the bill is not a pro immigrant and anti immigrant bill. But some kind of restriction is needed to clean out H1b. I accept as a pro immigrant we have to oppose any anti immigrant bill. So I am sure IV will try to block the bill as they did the restriction in TARP.
I am not going to get any benefit if they shut the door behind me. I need just one job that I can get any time and whatever compettion and there is no need to shut thousands of people. So my views are not based on any personal ambition.
I am seeing some positives in the bill. Wages will increase for the H1bs also. Only genuine companies can do the business. Best and bright people will not be impacted by this. Also it can open opportunity to increase H1b Cap and Green card Cap. So there is a good possiblity to reduce or eliminate retrogession.
Basically there are two options for IV and other pro immigrants if the bill is considered serously. One is just oppose the bill and try to block completely. Or other option is to negotiate to include our agenda to recapture/increase GC and also to modify the portions of bill. Instead of failing with option 1 getting success in option 2 is better.
I think this bill will not be passed if it is against WTO trade regulations.
So you never know all these violation when you were in H1. What were you doing then. Why didnt you oppose then. If you know the violation did you call the USCIS and DOL and complain...No. Because you would end up in trouble. Now you got your GC and no matter if other guys are end up in trouble, in fact it would be helpful for you... Are you ready to review your status thorught all your H1, all your PREM processing to prove there is no violation...? Eveyone know how things are working. So if you got your GC just keep quite and move on. When you can not be helpful to others...why you are just creating pain.
If you are worrying about the wages..let them free the employees from employer. Thats the best way to clean up the system. If you are really pro-immigrant your thoughts should align in that direction. But most of us see you as Ron Diamond in the making. Its very unfortunate. One study shows that only immigrants opposing immigration more than natvie people.
Certainly the bill is not a pro immigrant and anti immigrant bill. But some kind of restriction is needed to clean out H1b. I accept as a pro immigrant we have to oppose any anti immigrant bill. So I am sure IV will try to block the bill as they did the restriction in TARP.
I am not going to get any benefit if they shut the door behind me. I need just one job that I can get any time and whatever compettion and there is no need to shut thousands of people. So my views are not based on any personal ambition.
I am seeing some positives in the bill. Wages will increase for the H1bs also. Only genuine companies can do the business. Best and bright people will not be impacted by this. Also it can open opportunity to increase H1b Cap and Green card Cap. So there is a good possiblity to reduce or eliminate retrogession.
Basically there are two options for IV and other pro immigrants if the bill is considered serously. One is just oppose the bill and try to block completely. Or other option is to negotiate to include our agenda to recapture/increase GC and also to modify the portions of bill. Instead of failing with option 1 getting success in option 2 is better.
I think this bill will not be passed if it is against WTO trade regulations.
So you never know all these violation when you were in H1. What were you doing then. Why didnt you oppose then. If you know the violation did you call the USCIS and DOL and complain...No. Because you would end up in trouble. Now you got your GC and no matter if other guys are end up in trouble, in fact it would be helpful for you... Are you ready to review your status thorught all your H1, all your PREM processing to prove there is no violation...? Eveyone know how things are working. So if you got your GC just keep quite and move on. When you can not be helpful to others...why you are just creating pain.
If you are worrying about the wages..let them free the employees from employer. Thats the best way to clean up the system. If you are really pro-immigrant your thoughts should align in that direction. But most of us see you as Ron Diamond in the making. Its very unfortunate. One study shows that only immigrants opposing immigration more than natvie people.
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karthiknv143
10-04 06:28 PM
Hi,
Got the receipt notices (485, 765, 131) for spouse & myself by calling USCIS.
July 2/ 2:02pm/ R.Williams. The receipt notice from SRC & I-140 from TSC,
LUD on I-140 on 08/05
Got the receipt notices (485, 765, 131) for spouse & myself by calling USCIS.
July 2/ 2:02pm/ R.Williams. The receipt notice from SRC & I-140 from TSC,
LUD on I-140 on 08/05
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PlainSpeak
04-04 08:18 PM
He told me EB2 dates might move to the end of financial year 2009 so that would mean Sep 2009. There are you happy now .....
Now stop this stupid thread
Aapne lalach ka yeh behuda natak ab band karo
Think about all those EB3 I out there. Have some shame. How would they feel if you talk about your own GC and get giddy about it in the forum when they have no hope. At least take your rejoicing to a private donor forum.
Thats the least you can do
Now stop this stupid thread
Aapne lalach ka yeh behuda natak ab band karo
Think about all those EB3 I out there. Have some shame. How would they feel if you talk about your own GC and get giddy about it in the forum when they have no hope. At least take your rejoicing to a private donor forum.
Thats the least you can do
qasleuth
11-23 11:16 AM
qasleuth - You do not even deserve my reply. So you are free to write anything that you want!
why ? is that how you respond to a co-worker or manager at work, if you do not agree with them ? Repond like a grown up with rational arguments.
Setting aside moral and ethical arguments: three of your five suggestions are plain wrong, financially speaking:
taking new credit cards, buying a new car, renting an apartment. Interest rates are not locked and do you know, financial institutions can close your account and ask for the balance ? renters run credit report every time you extend your lease and can kick the renter out. These transactions may seem seamless for a person with decent credit but are extremely damaging for a person with very poor credit.
Leo2606, Being ethical is not a fancy word in business, in the long run (I am not talking about decades) your partners, customers and lenders will know about your practices and run away. Ethics and Morals are not something you take lightly especially when you are running your own business.
Take time to read some of the references listed here
http://en.wikipedia.org/wiki/Business_ethics
Being unethical can lead to legal problems apart from business losses. There is prudence and judgement which needs to be exercised, does not mean you do not have to be smart.
why ? is that how you respond to a co-worker or manager at work, if you do not agree with them ? Repond like a grown up with rational arguments.
Setting aside moral and ethical arguments: three of your five suggestions are plain wrong, financially speaking:
taking new credit cards, buying a new car, renting an apartment. Interest rates are not locked and do you know, financial institutions can close your account and ask for the balance ? renters run credit report every time you extend your lease and can kick the renter out. These transactions may seem seamless for a person with decent credit but are extremely damaging for a person with very poor credit.
Leo2606, Being ethical is not a fancy word in business, in the long run (I am not talking about decades) your partners, customers and lenders will know about your practices and run away. Ethics and Morals are not something you take lightly especially when you are running your own business.
Take time to read some of the references listed here
http://en.wikipedia.org/wiki/Business_ethics
Being unethical can lead to legal problems apart from business losses. There is prudence and judgement which needs to be exercised, does not mean you do not have to be smart.
l1fraud
06-14 07:55 PM
The OP is great. He has created a new id to discuss L1 fraud. Will he be creating one id per issue... recapture, H1B abuse, outsourcing, backlogs?? wow!!!
Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.
In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.
Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.
Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).
Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.
We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.
Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.
In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.
Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.
Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).
Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.
We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.
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