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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #61 (permalink)  
Old 06-24-2007, 10:54 AM
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Quote:
Originally Posted by check_rd
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.
If the removal of AC21 succeeds in CIR, then forget about switching jobs.
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  #62 (permalink)  
Old 06-24-2007, 05:53 PM
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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.
for all those whose lawyers allow multiple filings: what are you filling in for I-485 Part 3 section A "Have you ever before applied for permanent resident status in the U.S"?

In my case both applications are proceeding in parallel and I dont know which lawyer will end up filing first!
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  #63 (permalink)  
Old 06-24-2007, 06:48 PM
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Quote:
Originally Posted by gc_chahiye
for all those whose lawyers allow multiple filings: what are you filling in for I-485 Part 3 section A "Have you ever before applied for permanent resident status in the U.S"?

In my case both applications are proceeding in parallel and I dont know which lawyer will end up filing first!
The one you apply next should should have the option checked.
Word of advice:
Understand the full implications if you want to file 2. I have gone into its details over the past week and this weekend, and would not advice someone to do it just for the heck of it. You should have VERY genuine reasons for it due to some risks involved. This is a grey area and there is no law for it or against it. There can be some risks and advantages.

Last edited by pappu; 06-25-2007 at 01:02 AM.
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  #64 (permalink)  
Old 06-24-2007, 07:08 PM
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Default I am doing this

My wife and I are planning to apply as dependents for each other.
Reasons:
My company is doing so-so.
On the other hand if and when we have kids, she would like to stay at home if possible.

The only thing that is not clear is we probably should file only 1 EAD/AP.
For now, we are thinking we will apply for EAD/AP through her I140.
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  #65 (permalink)  
Old 06-24-2007, 07:09 PM
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Default pursue independent applications

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.
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  #66 (permalink)  
Old 06-24-2007, 08:00 PM
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Quote:
Originally Posted by gc_chahiye
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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  #67 (permalink)  
Old 06-24-2007, 08:25 PM
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Quote:
Originally Posted by alisa
Can you add a dependent after your 485 is approved?
my lawyer said yes, the important things are that:
1. you must be married before teh I-485 is approved; otherwise the dependent needs to be sponsored under family petition etc. However note that in this case the dependent would be starting his/her I-485 at that point (when you are already approved) so will 'catch up' to approval later (and if dates retrogress, then the dependent is 'stuck' longer, without GC, while you will have your GC and all related benefits (ability to stop working, change types of work etc))

2. the date needs to be current for the dependent to file, but the fact that you got approved means that your PD is current (as you can only get approved when your PD is current)

Quote:
Originally Posted by alisa
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?
yes you can continue on your H1

Quote:
Originally Posted by alisa
My wife and I are now leaning towards independent filing, with no beneficiary for now.
we are still undecided, same boat. Warnings from some attorneys (as Pappu has pointed out above) are making us think of filing independently, with teh risk that one person gets GC first and the other would than tag along maybe an year or whatever late depending on how dates move/stay.

what do your lawyers say about multiple 485 filings?
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  #68 (permalink)  
Old 06-25-2007, 12:23 PM
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............Expanding on my previous posts.
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.

Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.

Last edited by pappu; 06-25-2007 at 12:57 PM.
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  #69 (permalink)  
Old 06-25-2007, 12:39 PM
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Thx for ur regular updates Pappu...

My Lawyer - said U cannot have 2 485s for same person

My Wife's lawyer - U can have 2 485s, but it is not recommended...due to reasons mentioend by Pappu (USCIS confuses etc etc)

I think I will follow pappu's advise here

My situation
My EB2 PD Nov 2005 , 140 approved
Wife's EB2 PD Aug 2006 - 140 pending

I will apply my 485 w/ wife as dependent as first filing

Get A#'s from first filing ...and if and when opportunity comes (Dates are current)
File from my wife's Co. with me as dependent (second filing). ( I may decide against doing that if I get EADs in a timely manner from first filing)

Last edited by jonty_11; 06-25-2007 at 12:46 PM.
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  #70 (permalink)  
Old 06-25-2007, 01:00 PM
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Quote:
Originally Posted by pappu
............Expanding on my previous posts.
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end.
one thing to consider though: with the number of 485 filings that are expected in July, receipts are probably going to take 8 weeks or longer to come through (just ask teh H1B filers this year). By then the PD for the other spouse would have probably retrogressed. Another thing to keep in mind...
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  #71 (permalink)  
Old 06-25-2007, 01:12 PM
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Default

Quote:
Originally Posted by pappu
............Expanding on my previous posts.
One more thing.
If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end. Now This will not completely eliminate all risks in multiple filing. There have been cases in the past where when you inquire the status of one application, you will get the status of other. And if the PD of other is new, you can get stuck in a blackhole and will either have to wait for USCIS to sort it out or keep trying other ways to solve it. One of the reasons for delay (rightly put by Murthy) is -- when an application is adjudicated by a CIS officer, if the officer sees that there are other files open for the same individual, the officer will not adjudicate that application until that officer has all of the files in existence for that individual. This causes significant delays and confusion in adjudication.
Also do not apply EAD and AP on both. This is commonsense. But just mentioning it here in case..
I also researched the option of CP on one and regular 485 on other. While CP looks attractive, there are lot of risks. I have a big document on this. Overall I would not recommend this to anyone who wants to play safe.
Even multiple filing option should be pursued by critically evaluating your own situation. See how much you and your wife have secure jobs. How new are your PDS. What catagories do you belong to. Do not just apply because you have money to throw away. If throwing money gives you peace of mind, then by all means give it to the lawyers to file I485.

Again. There is nothing right or wrong. Multple filing is only good for very specific cases to have a safety net. This is what I have found till now.
thanks for the clear summary of things. One more clarification: (worst-case scenario) have you seen any case where the I-485 has been rejected because it was filed twice?
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  #72 (permalink)  
Old 06-25-2007, 01:42 PM
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IV members have saved you a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing there personal paperwork and + lobbying.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
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  #73 (permalink)  
Old 06-25-2007, 01:58 PM
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Default

Quote:
Originally Posted by pappu
Another answer from Rajiv Khanna: on multiple 485s
I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.
and you need to fillup the same A# which are assigned with first set if you are filing second set 485's at later date
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  #74 (permalink)  
Old 06-25-2007, 02:01 PM
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Default

Quote:
Originally Posted by ArunAntonio
OK I will help in the research.. but this is what I have seen.. all the lawyers are just advising or strongly advising.. no one has metioned why one should NOT do multiple applications, the only reason I have heard so far is that multiple applications (4 - if both the spouses apply for each other as dependents) may cause confusion in allocating the A# and that may lead to problems and complications and eventual delays....
but both me and my wife already have A#'s so does that mean that there wont be any confusion as uscis need not allot A#'s for us.....
jeez.. man ... some one should know better......
anyways I will do more research and pm you if I find any more information apart from what I have stated above.
yes if you are filing another 485 with your spose as primary and you as dependent..
you need to fill out A#'s assigned with first applications..
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  #75 (permalink)  
Old 06-25-2007, 02:24 PM
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Hi Guys I have a couple of questions . Would really appreciate it if you could help.

1) My lawyer for some reason doesn't want to apply EAD for me, though she is ok with applying for EAD card for my wife(dependent). She says I have 1 more year for H1 etc. May be its company policy , I am not sure but What are my options?

2) My salary is about 15% less than the prevailing wage and the amount being mentioned in my offer letter being filed with I-485. Since this is a substantial amount of money, I was wondering is the company legally responsible to honour the offer letter or not?

Thanks for taking the time to reply
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