Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Analysis Discussion > Retrogression, priority dates and Visa bulletins
Click to log in with Facebook
Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

Reply
 
LinkBack Thread Tools Display Modes
  #46 (permalink)  
Old 06-22-2007, 09:42 AM
Administrator
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 6,423
Blog Entries: 6
pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

I have direct responses from Murthy and Rajiv Khanna now . Plus 2 other american lawyers I know. The answers have variations. I'm going to do my own research and would encourage others to do the same before coming to a conclusion on this.

If you have asked this question to your own lawyers about multiple I485 filing, please post them here.

Members can then look at all the information and make their own decisions.
Bookmark and Share Compare Reply With Quote


  #47 (permalink)  
Old 06-22-2007, 10:03 AM
Senior Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
01/16/2006
Chargeability
:
Canada
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2006
Compare
Join Date: Aug 2006
Posts: 211
bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of
Default

We are a husband and wife, both filing.
My priority date is Oct 06 and my wife's will be July 1st. (or so.)

My wife's company is a large multinational and her job is secure. My company is small and not making oodles of money right now.

So I consider my wife's to be solid and slow and mine to be less solid but faster.

I predict that mine will get approved before hers and they'll drop hers. But because I simply do not trust USCIS to process them without a hitch, we're filing twice. Shotgun theory.

Our lawyers seem to concur. If our PDs were the same and our companies were similar, it probably wouldn't be worth filing twice.

My question is regarding the EADs and APs. I believe that I should file through her because they are more "solid" applications. I assume that the EAD/AP will be processed prior to the 485 and priority date does not affect them. Her job is more secure than mine and so her EAD would be too..

Am I wrong?
Bookmark and Share Compare Reply With Quote


  #48 (permalink)  
Old 06-22-2007, 10:05 AM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
05/05/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/30/2007
Compare
Join Date: May 2006
Posts: 1,300
Blog Entries: 3
anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute anilsal has a reputation beyond repute
Default

Quote:
Originally Posted by bobzibub
We are a husband and wife, both filing.
My priority date is Oct 06 and my wife's will be July 1st. (or so.)

My wife's company is a large multinational and her job is secure. My company is small and not making oodles of money right now.

So I consider my wife's to be solid and slow and mine to be less solid but faster.

I predict that mine will get approved before hers and they'll drop hers. But because I simply do not trust USCIS to process them without a hitch, we're filing twice. Shotgun theory.

Our lawyers seem to concur. If our PDs were the same and our companies were similar, it probably wouldn't be worth filing twice.

My question is regarding the EADs and APs. I believe that I should file through her because they are more "solid" applications. I assume that the EAD/AP will be processed prior to the 485 and priority date does not affect them. Her job is more secure than mine and so her EAD would be too..

Am I wrong?
The real question is whether 2 files is ok with USCIS. Lawyers are giving different opinion on whether u can do it or not.

If u can file 2 sets, then do ead/ap on one.
__________________
First they ignore you, then they laugh at you, then they fight you, then you win.
-- Mohandas "Mahatma" Gandhi (Slogan of the Linux community)
- Supporting Green Peace, Chicago Public Radio, 2020 Vision and other orgs.
- Fight global warming/climate change.
(http://savetheplanet4kids.blogspot.com/)<=

Bookmark and Share Compare Reply With Quote


  #49 (permalink)  
Old 06-22-2007, 10:59 AM
Senior Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
01/16/2006
Chargeability
:
Canada
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2006
Compare
Join Date: Aug 2006
Posts: 211
bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of bobzibub has much to be proud of
Default agreed but which one?

Quote:
Originally Posted by janilsal
The real question is whether 2 files is ok with USCIS. Lawyers are giving different opinion on whether u can do it or not.

If u can file 2 sets, then do ead/ap on one.
They probably won't even look at my wife's 485 for a year. But I *think* that the EAD/ap should be under my wife's. Not sure though. I would like both asap.
Bookmark and Share Compare Reply With Quote


  #50 (permalink)  
Old 06-22-2007, 11:14 AM
vls vls is offline
Junior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Aug 2006
Posts: 17
vls is on a distinguished road
Default Pursuing more than one I-485

Quote:
Originally Posted by pappu
I have direct responses from Murthy and Rajiv Khanna now . Plus 2 other american lawyers I know. The answers have variations. I'm going to do my own research and would encourage others to do the same before coming to a conclusion on this.

If you have asked this question to your own lawyers about multiple I485 filing, please post them here.

Members can then look at all the information and make their own decisions.
I work for MSFT - I am a dependent on my husband's process (he works for another company), and I also have my own process filed, where he is my dependent.

When I asked if we could have 2 processes, the lawyer answered:

"There is no problem with you pursuing I-485 applications through the two companies since you and you husband have reverse roles in each process as principal beneficiary and dependent".

Hope this helps other people on the same situation.
Bookmark and Share Compare Reply With Quote


  #51 (permalink)  
Old 06-22-2007, 11:22 AM
Junior Member
Priority Date
:
Jan-06
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 1
shreiks is on a distinguished road
Default

My lawyer recommends to do independent filing without the spouse. He says you get 2 bites at the apple. When the dates becomes current,USCIS won't adjudicate immediately. We have time to add the derivative spouse later on.

Making AOS filing is not acceptable to USCIS and may trigger personal interviews and confusion. He also said take the spouse approved 140 and do an addendum to the 485 saying he/she is doing an independent 485 though we are married.
Bookmark and Share Compare Reply With Quote


  #52 (permalink)  
Old 06-22-2007, 12:13 PM
Member
Priority Date
:
Apr-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2007
Posts: 26
FUNTIMES is on a distinguished road
Default

I am in the same situation. Details Below.

Me: EB2(10/2006) Pending I-140
Wife: EB3(04/2002 SUBSTITUTION) Pending I-140

Reply from My Lawyer.

"Many people are in your scenario.
There are many ways to do this. Each one being a little more expensive then others.

What can be done:

Your wife files as primary and you secondary on her 140.
You file as primary and her secondary on your 140.

Option #2
You file alone on your 140
She files alone on her 140.

Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.

You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.

You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.

If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.

Reply from Wife's Lawyer(Murthy):

"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Bookmark and Share Compare Reply With Quote


  #53 (permalink)  
Old 06-22-2007, 01:17 PM
Senior Member
Priority Date
:
Dec-02
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 358
PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough
Default

Quote:
Originally Posted by FUNTIMES
Reply from Wife's Lawyer(Murthy):

"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Murthy's words are not so clear. Other posts have her quoting "it's not recommended to file two I-485s", whereas here she says "It is not possible for you to be her derivative as well as your own primary, and vice versa.".

Not recommended means "USCIS allows it or there is no clear memo from them so try at your own risk"

Not possible means "USCIS does not allow it. Period."

Thanks,
Jayant
Bookmark and Share Compare Reply With Quote


  #54 (permalink)  
Old 06-22-2007, 01:25 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 1,100
tikka is just really nice tikka is just really nice tikka is just really nice tikka is just really nice
Default Opportunity to express your support for IV

http://immigrationvoice.org/forum/showthread.php?t=5470 (Opportunity to express your support for IV)

We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

Thanks
Bookmark and Share Compare Reply With Quote


  #55 (permalink)  
Old 06-22-2007, 03:36 PM
Junior Member
Priority Date
:
Oct-06
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 1
vamsree is on a distinguished road
Default What happens if 485 gets rejected?

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.
Bookmark and Share Compare Reply With Quote


  #56 (permalink)  
Old 06-22-2007, 03:44 PM
Senior Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 1,590
jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light
Default

My lawyer said u cannot have 2 485 petitions with USCIS.
My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.



Awaiting reponse from my wifes lawyer.
Bookmark and Share Compare Reply With Quote


  #57 (permalink)  
Old 06-22-2007, 04:16 PM
Administrator
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 6,423
Blog Entries: 6
pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

Quote:
Originally Posted by jonty_11
My lawyer said u cannot have 2 485 petitions with USCIS.
My Lawyer's response - You should be aware that you cannot file two I-485 applications. If you file individually, there is no option to file as a dependent UNLESS the pending I-485 is withdrawn.



Awaiting reponse from my wifes lawyer.
ask the lawyer about specific issues that can happen if multiple filing is done.
Bookmark and Share Compare Reply With Quote


  #58 (permalink)  
Old 06-22-2007, 04:39 PM
Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Jan 2007
Posts: 59
sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute sbindval has a reputation beyond repute
Default

Me - EB2 Labor pending applied May6th 07.
My Wife - EB3 Labor and I140 approved (PD Dec 2006)
What should I do? Thanks in advance.
-S
__________________
Donated $700 towards Hr 3012
Bookmark and Share Compare Reply With Quote


  #59 (permalink)  
Old 06-24-2007, 04:01 AM
Member
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
07/06/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/11/2007
Compare
Join Date: Jan 2006
Posts: 34
check_rd has a spectacular aura about check_rd has a spectacular aura about check_rd has a spectacular aura about
Default Lawyer said no

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 ?
Bookmark and Share Compare Reply With Quote


  #60 (permalink)  
Old 06-24-2007, 04:05 AM
Member
Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
07/06/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/11/2007
Compare
Join Date: Jan 2006
Posts: 34
check_rd has a spectacular aura about check_rd has a spectacular aura about check_rd has a spectacular aura about
Default

Quote:
Originally Posted by sbindval
Me - EB2 Labor pending applied May6th 07.
My Wife - EB3 Labor and I140 approved (PD Dec 2006)
What should I do? Thanks in advance.
-S

If her lawyer is quick to respond then you can keep everything ready including medicals and anytime date is retrogressed should apply immediately or the second option is apply for EAD and AP and I-485 case and go tense free and use EAD if you want to change jobs and don't worry about EB2 and EB3.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Multiple A#s and Multiple 485s anyone? va_dude Fingerprinting during 485 stage 11 06-23-2009 06:23 PM
DV Green Card Lottery - How Immigration Handles Diversity Visa Form I-485s for Adjust Blog Feeds Recent Blogs 0 05-28-2009 08:10 PM
Multiple 485s possible? indyanguy All other Green Card Issues 0 02-03-2009 01:10 AM
Need advise regarding multiple 485s or not? 100moorkha Self-filing, documents, forms, directions, mailing. 2 11-15-2007 03:43 PM
NSC 485s moved to TSC? brahmam Receipt tracker of 485, EAD and AP applications 0 08-16-2007 11:54 AM



All times are GMT -4. The time now is 09:01 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org