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I withdrew my EB1 485 prior to filing EB3 485. Moreover, I specifically wrote on my EB3 485 form about my EB1 485 withdrawal and gave prior A#'s as well. I was assigned the same A# in EB3 but my wife got a different number from EB1.

GG_007




Multiple I-485 Filings Not Advisable
�MurthyDotCom

While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.


I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.

Thank you for your response,
I am thinking about using some agency like H&R block to get my taxes done becasue I am not familiar with the ITIN and all the other stuff related to filing Tax with H4 for the first time. The reason I was little heistant about this is sometimes these people who are filing the tax are not familiar with this process since they don't get that many cases like ours in which case they tend to make it more complicated than it is.

What?!

Translation: What is happening to young people nowadays?

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Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

should be:

Priority date is defined in two ways -

a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

or

b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.

When my spouse started working using EAD, my employer told us that they cannot renew her H4 since she had already started using her EAD; also my employer renewed only my H1 and H4 for my minor son.

I suggest you to contact a good attorney to know what you should do now.

Good luck.

I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response

Based on my research the response should be
List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title

Also I checked this is pretty normal RFE (many people get it)
Check the link below
http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]





Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

Sorry for the confusion. But please do help me if you have any inputs.

In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?

Messed up my pay pal account, fixed it and contributed, back to recurring contribution...please contribute folks !

Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....

I don't think so. I applied for AP on my own - and I got only 2 copies, not three.

I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.

I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...

It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...

Whatever the results I think there will be attempts to revive CIR in 2009 including increase of H1b and Greencard numbers. The increase of H1b may come with some reform to minimise the abuse of h1b. But the fate of any bill depends on the contents of the bill. If the bill is really a compromise with moderate numbers then it will be passed. If the bill is one sided then the fate of the bill is uncertain.


Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.

Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.

Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.

Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!

There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.

At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.

You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.

On July 20, I got an RFE for my employer's 2006 ITR. They are taking forever to subnit the document. How much time are we given to submit the evidence. How many days?

Congrats to GreenGuru. and thanks for sharing all the information.

IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.

cheers/

Yes. I agree. There should be a category for I485 approved date. But, I could have also inserted that in my signature.

Hello,

The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.

We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.

I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.

1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?

I am concerned that the dates will retrogress again. Any advice or comments will be helpful.

Thanks,
SR

Hi Friends,

I received an RFE last week. There were 3 points in the RFE.

The first point in the RFE says,

Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

Second Point and Third point are respectively

Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

Employment verification letter stating the offer still stands as per EB visa petition.

A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

My question is concerning the first point.

Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

Appreciate your suggestions

Thanks in advance.

Early 2004 Priority date (EB3 India) may still be possible considering the huge movement happened last month. Who knows?? :)

My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

I don't have THAT many posts :P

I'm from PA... I had called Senator Specter's Office earlier last week, today I called up Senator Robert Casey's office...

You called office of which Senators?