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.
wallpaper Idris Elba, you have my
hpandey
06-15 10:14 AM
Of course yes its for our interest BUT don't forget that its against a violation. Tomorrow if the same organization brings resources in H-1B/EAD/GC/Citizenship we are not going to complain about it ... because its within whats allowed by the law, I think thats the purpose of having rules ... to have a fair playing ground ... think abt the havoc/chaos these companies could create by bringing people without any visa (illegally across borders) and talk about 'closing the doors and me not brought up that way', do you think that anyone including you would support that???. Here the purpose of L-1B visa is misused and blindly violated, so lets move in the right direction, we are not asking all L-1B visas to be banned BUT to investigate the abusal of that visa category and we are just pointing out the incidents where we think its getting violated. Lets see who is on right/wrong side. We'll leave the decision part to ICE/USCIS/Other agencies involved.
L1fraud - what GC28... is saying is for DilipCr and not for you . Mr. Dilip has been touting himself as a highly skilled individual who is applying for citizenship now and wants that the rules should be made so hard now that no one else from India ( or for that matter anywhere else in the world is able to get EB GC ) . He says that most of the H1's and L1's are not BEST and the BRIGHTEST according to him .
L1fraud - what GC28... is saying is for DilipCr and not for you . Mr. Dilip has been touting himself as a highly skilled individual who is applying for citizenship now and wants that the rules should be made so hard now that no one else from India ( or for that matter anywhere else in the world is able to get EB GC ) . He says that most of the H1's and L1's are not BEST and the BRIGHTEST according to him .
Libra
07-10 01:47 PM
Man thats awesome............:D
Smitha,
First, questions to you: What makes you visit this website silently?
Why do you even bother reading updates about ongoing GC issues?
You very well know that GC comes when the time is ripe, so you should really enjoy your sweet time instead of lurking on these forums.
Response to your meaningless and backward looking post: Iam glad you were not born during our independence days. Otherwise, you would have said the following (rephrased your post):eek:
"
I am a silent citizen of this country (read India).
Just my 2 paise... Don't think UK is like India where you can do something forcefully. Why don't you guys understand the real problem of British.
Do you think that by performing salt satyagraha you can win over britishers and get Independence????
Please try to understand their problem.
Also UK is the great. Why don't you guys just think that UK is your home country where you can emmigrate and brought up. Why you people can't just wait and watch?? If nothing happens to the so called Independence, then why don't you think to pack up and get out of India???????
My sincere request, please don't do strikes, quit India movements, satyagrahas, you might be arrested......you never know what they can do..... Don't you think that, it is better to go to UK rather than being embarrassed here in India???
Isn't it a shame on us to go for Rally to get Independence?????:D
Just think that you will get it when time comes, otherwise quit India.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with freedom struggle and strikes.Don't irritate UK by doing all this please.
Born in India
BD-1975-May
Would like to emmigrate to any country where i can enjoy without a fight.
"
Smitha,
First, questions to you: What makes you visit this website silently?
Why do you even bother reading updates about ongoing GC issues?
You very well know that GC comes when the time is ripe, so you should really enjoy your sweet time instead of lurking on these forums.
Response to your meaningless and backward looking post: Iam glad you were not born during our independence days. Otherwise, you would have said the following (rephrased your post):eek:
"
I am a silent citizen of this country (read India).
Just my 2 paise... Don't think UK is like India where you can do something forcefully. Why don't you guys understand the real problem of British.
Do you think that by performing salt satyagraha you can win over britishers and get Independence????
Please try to understand their problem.
Also UK is the great. Why don't you guys just think that UK is your home country where you can emmigrate and brought up. Why you people can't just wait and watch?? If nothing happens to the so called Independence, then why don't you think to pack up and get out of India???????
My sincere request, please don't do strikes, quit India movements, satyagrahas, you might be arrested......you never know what they can do..... Don't you think that, it is better to go to UK rather than being embarrassed here in India???
Isn't it a shame on us to go for Rally to get Independence?????:D
Just think that you will get it when time comes, otherwise quit India.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with freedom struggle and strikes.Don't irritate UK by doing all this please.
Born in India
BD-1975-May
Would like to emmigrate to any country where i can enjoy without a fight.
"
2011 idris elba thor heimdall.
greencardvow
06-29 08:26 PM
Suppose they reject the 485 app on July 2nd after they receive it then will they cash our checks or just return them to us.
more...
CADude
10-03 05:46 PM
Some member are asking for TSC Fax#
TSC I485 Dept Fax# 214-962-2632, 214-962-5441
Good Luck.
TSC I485 Dept Fax# 214-962-2632, 214-962-5441
Good Luck.
logiclife
07-09 07:01 PM
Everyone, please use this thread for directions and SEND FLOWERS NOW (http://immigrationvoice.org/forum/showthread.php?t=6191)if you havent already done that.
The more the number, the more the media attention. Trust, me, the more media attention this gets, the more likely are chances of getting heard in congress.
The objective here was never to melt Gonzalez's heart with flowers. The media attention is precious and only YOU CAN MAKE A DIFFERENCE by sending flowers.
http://immigrationvoice.org/forum/showthread.php?t=6191
The more the number, the more the media attention. Trust, me, the more media attention this gets, the more likely are chances of getting heard in congress.
The objective here was never to melt Gonzalez's heart with flowers. The media attention is precious and only YOU CAN MAKE A DIFFERENCE by sending flowers.
http://immigrationvoice.org/forum/showthread.php?t=6191
more...
GCneeded
01-14 02:49 PM
Sent letters to WH and IV. Thx
2010 Idris Elba as Heimdall
jamesbond007
11-04 11:10 AM
Well, all the jobs you mentioned in your message now falls in Zone 4 i.e. Eb3.
Only option that person may have now is to change career altogether in the fields where desi consulting companies do not operate.
I need to read up on the new zones implementation.
But if you may, please answer this question: If one wants to change jobs within the same company to a new job that falls in the same zone as his current one, can he do that without a new LCA?
The new job is in the same building/region; just some additional responsibility and would be in a different group than the present one.
Only option that person may have now is to change career altogether in the fields where desi consulting companies do not operate.
I need to read up on the new zones implementation.
But if you may, please answer this question: If one wants to change jobs within the same company to a new job that falls in the same zone as his current one, can he do that without a new LCA?
The new job is in the same building/region; just some additional responsibility and would be in a different group than the present one.
more...
ashshef
09-24 05:07 PM
1) Each (EB1/2/3) - 28.6% WW quota = 40040
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number"
Number 2) and hence number 3) are definitely wrong.
As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.
2) 5 subscription cataegories under each EB category: I,P,C,M,ROW
3) Assumption - USCIS distributes equal share among these 5 different subscription categories = 40040/5 =8008 in each EB category for a particular subscription category.
Example:
EB3 All = 40040 ( 0.286 x 140000)
EB3 ALL = EB3 I + EB3 C + EB3 M + EB3 P + EB3 ROW
Assuming equal share of all of these 5 subscription categories - 40040/5 = 8008 applications to be worked for "Assigning the visa number" not " for granting the visa (IN other words physical greencard order)"
7% + 2% = 9% country specific limit is meant for "Granting the visa - Ordering Physical Green card" out of "Applications which have been assigned a visa number"
Number 2) and hence number 3) are definitely wrong.
As I mentioned in my other post, the categorisation for I,P,C,M and ROW is based on the fact that I,P,C,M are the only countries with demand exceeding the annual limit.
ROW = All countries not hitting the 7%(or 9%) country limit. That doesn't mean they are capped at X/5. What would be the basis of that cap.
Assuming USCIS acts like it is supposed to, follows all rules etc........They start using new numbers on Oct1st of the new FY with a fresh slate of 140k available.
Now by law, they will first divide the cap into the 5 EB categories -EB1, EB2, EB3, EB4 and EB5. Now once they reach the 7%(or 9) cap in any of the categories, they will have to stop assigning numbers for that country. So for EB3, once they reach the 7 or 9% quota for I,C,M,P - they will need to stop. The rest of the countries(ROW) will get the 100 - (7 x 4) = 72% of the quota. This could be divied up between UK, France, Pak, Germany etc etc. As none of them are going over the 7%, the country cap doesn't affect them. But Since there are a lot of apps under EB3-ROW, there's never any number to spill over to the capped countries.
In case of EB2, only 2 countries hit the cap - India and China. In this case even P and M are part of ROW. But since the apps from ROW is less than the remaining quota of (100 - 7 x 2)% of the EB2 quota, the remaining will be spilled over. The spillover rules will determine who these go to.
The way the current spillover rules stand, your final calculations will still hold true for EB2 due to the spillover ultimately remaining the same to EB2. But not for EB3.
hair Thor Idris Elba
Ramba
08-21 12:46 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
more...
tampacoolie
07-14 01:38 PM
I think this guy is smoking crack by fudging the numbers. CNN should block these kind of idiotic broadcasting. We all should fight for this injustic. I am sick of this guy. These kind of propoganda only leads to Nazi ideology in USA.
hot Heimdall, idris elba thor
nishant81
11-06 04:27 PM
Knowing the fact that so many applicants have been waiting for YEARSSSS and USCIS not doing anything about makes me sick just thinking about it. How can agency be so ignorant and continue to make thousands of people live in dark black hole for years? Has anyone heard about the new plans or action taken by either agency to reduce the backlog. According to what ombudsman said on july 20 2007 teleconference USCIS will dramatically reduce the backlog for people waiting 33 months or longer in immediate future, apparently it has been 4 months and nothing seems to have been moved yet.
more...
house Heimdall: Thor: Idris Elba as
ash_2005
09-16 08:37 PM
Does anyone have 140 approved from TSC, and 485 "receipted" from NSC (i.e., LIN number, without this being transferred to TSC)?
tattoo That being said, Idris Elba
veerufs
10-13 07:59 PM
My checks got cleared on Oct 10th. Mine is delivered to NSC and recieved by
J BARRET July 2nd 10:28AM. Reciepts from Texas.
J BARRET July 2nd 10:28AM. Reciepts from Texas.
more...
pictures Heimdall: Thor Movie Poster:
ag11
09-18 09:46 AM
Hi ag11,
I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?
My on line status says the following:
"Post Decision Activity
On September 10, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations
".
There has been no other status change on my case.
My wife had 3 status changes: 1st CPO on 09/09, 2nd change on 09/10: "we mailed you a notice that we had registered this customer's new permanent resident" and 3rd change on 09/15 "we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS" same as the one I have above. She received physical card and Welcome letter.
Looks like my case is still pending and not competely approved till I get the biometrics done. In your case if it says card production, means you will more than likely not need any biometrics and should receive the card soon.
The order of the updates do not seem to have a consistent sequence and is confusing
I got the same approval notice. But online status showing as Card Production Ordered. What does it say for you? Do you see any difference in the status between you and your wife?
My on line status says the following:
"Post Decision Activity
On September 10, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations
".
There has been no other status change on my case.
My wife had 3 status changes: 1st CPO on 09/09, 2nd change on 09/10: "we mailed you a notice that we had registered this customer's new permanent resident" and 3rd change on 09/15 "we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS" same as the one I have above. She received physical card and Welcome letter.
Looks like my case is still pending and not competely approved till I get the biometrics done. In your case if it says card production, means you will more than likely not need any biometrics and should receive the card soon.
The order of the updates do not seem to have a consistent sequence and is confusing
dresses Heimdall, Idris Elba,
alterego
10-07 01:40 PM
Good one Caliber.
I suppose that is one way to find peace here. Nothing else can explain the injustice!
I suppose that is one way to find peace here. Nothing else can explain the injustice!
more...
makeup is Idris Elba as Heimdall.
Rajk
06-16 11:28 AM
Does the A# belong to primary applicant or it can be written in Spouse Application too ?
What is A#?
Thanks
What is A#?
Thanks
girlfriend pictures idris elba thor
Saralayar
01-20 12:20 PM
VOTE FOR THE GOOD... VOTE IMMEDIATELY......
Friends,
Accelerate... Vote immediately... Make it to cross 1000... 10000...
Friends,
Accelerate... Vote immediately... Make it to cross 1000... 10000...
hairstyles and Heimdall (Idris Elba).
amit_sp
06-29 04:32 PM
My Guess is , It is a rumour . since the USCIS suspended the I -140 Premium Service for the month of july . It clearly indicates they are aware/expecting many of the I -485 filings from July 1st and do not want to promise I- 140 decision in 15 days during July .
Yes, I am of the same opinion. USCIS wants to stop the premium processing for I-140 only because it anticipates large volume for I-485. I don't see why it would stop the cash-cow (premium processing) and stop taking I-485s too!!!
Yes, I am of the same opinion. USCIS wants to stop the premium processing for I-140 only because it anticipates large volume for I-485. I don't see why it would stop the cash-cow (premium processing) and stop taking I-485s too!!!
addsf345
08-20 06:21 PM
FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.
I have similar experience. I moved to sunrocket (which is now teleblend) from vonage. I pay half of what I used to pay vonage for same services/usage.
currently teleblend offers $50 unlimited india calling + ofcourse US+canada unlimited. However as now vonage has come up with $25 world plan, I am sure teleblend would come up with something similar soon... may be $20 world plan or so. As they always price it below vonage. Let's hope! competition is good for consumer.
I have similar experience. I moved to sunrocket (which is now teleblend) from vonage. I pay half of what I used to pay vonage for same services/usage.
currently teleblend offers $50 unlimited india calling + ofcourse US+canada unlimited. However as now vonage has come up with $25 world plan, I am sure teleblend would come up with something similar soon... may be $20 world plan or so. As they always price it below vonage. Let's hope! competition is good for consumer.
arkrish68
09-10 07:34 PM
Send email to: cisombudsman.publicaffairs@dhs.gov
You will have to fill this form and attach to the email:
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Thank you very much for your update. Went to the Infopass today and as per the IO came to know that my case is in adjudication review and will get the interview. I don't know how much ombudsman will be helpful, but will try all options. My labour was approved in 2 months and I-140 in 18 days but it seems I485 is sturck for ever :mad:
You will have to fill this form and attach to the email:
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Thank you very much for your update. Went to the Infopass today and as per the IO came to know that my case is in adjudication review and will get the interview. I don't know how much ombudsman will be helpful, but will try all options. My labour was approved in 2 months and I-140 in 18 days but it seems I485 is sturck for ever :mad:
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