amslonewolf
05-06 11:43 AM
while we are on the topic, how long does it take to get a I-140 approval notice from TSC
wallpaper Big Sean Finally Famous
conchshell
07-09 09:13 PM
Please do not feel violated by what Smitha mentioned. If we claim that we follow Gandhi's path, than we must act on it. Smitha has her own way of thinking and even though we disagree, kindly respect her point of view. She has suffered as much as any of us has suffered in past days/months/years.
Smitha, I would like to remind you about an incident from India's freedom struggle. When M. K. Gandhi requested the nation to start burning the cloths that were made in Great Britain, most of the people felt that it was inappropriate. What can you achieve by burning your own cloths? But later on an entire nation saw the power behind civil disobedience. Even the people who were worst affected by Swadesi Movement (the cloth mill workers of Britain: who lost their jobs-bread-butter because of less demand) realized that this was done to support a just cause.
I would like to quote a poem by C. Rajagopalachari:
Victory is certain, O Mind!!
Away with false fear.
Devotion bears its fruit.
Shoulders we have, Broad and strong, And intelligence.
We can gather what we work for.
Unalterable law protects Our efforts unflagging.
Away then with fear and despondency!
So I urge you to be away then with false fear and despondency. Sending flowers is humane and certainly not illegal.
Smitha, I would like to remind you about an incident from India's freedom struggle. When M. K. Gandhi requested the nation to start burning the cloths that were made in Great Britain, most of the people felt that it was inappropriate. What can you achieve by burning your own cloths? But later on an entire nation saw the power behind civil disobedience. Even the people who were worst affected by Swadesi Movement (the cloth mill workers of Britain: who lost their jobs-bread-butter because of less demand) realized that this was done to support a just cause.
I would like to quote a poem by C. Rajagopalachari:
Victory is certain, O Mind!!
Away with false fear.
Devotion bears its fruit.
Shoulders we have, Broad and strong, And intelligence.
We can gather what we work for.
Unalterable law protects Our efforts unflagging.
Away then with fear and despondency!
So I urge you to be away then with false fear and despondency. Sending flowers is humane and certainly not illegal.
Caliber
06-12 12:09 PM
I can send all the details .. including the evidences, can u assure me of anonymity and protection under whistle blower category ??? Dude r u kidding me ... we are talking about a complaint against a Billion Dollar firm and its resources.. do u expect me to give the details in this open forum ... BTW do u still think that I am tunnel rat???
I support you L1Fraud.
Guys: This has become a major problem at every place. If we do not take any action, every one of us will be replaced by these BIG outsource companies with L1 and B1.
I already reported this to ICE about violations of CTS which has placed their L1's at client's place for the past 2 years. And still they have several people.
You may not believe their pay. I do not want to put a number here and it will be a shame on CTS for misusing L1. They replaced 18 American Workers at my client's pace. Whatever you guys might think, this is a FRAUD.
I support you L1Fraud.
Guys: This has become a major problem at every place. If we do not take any action, every one of us will be replaced by these BIG outsource companies with L1 and B1.
I already reported this to ICE about violations of CTS which has placed their L1's at client's place for the past 2 years. And still they have several people.
You may not believe their pay. I do not want to put a number here and it will be a shame on CTS for misusing L1. They replaced 18 American Workers at my client's pace. Whatever you guys might think, this is a FRAUD.
2011 Big Sean has made his album
Humhongekamyab
08-25 02:48 PM
Let it be 5000 min/pm. Still, 5000 min/month give about 2.7 hours per day. Talking 2.7 hours to India per 24 hours is unusual for many. I don't even get 30 minutes to talk. Even if we want to talk 2.7 hours you will be distrbing people in India, as they may be watching cricket or Tv serials.:)
Any way, this pan is simply superb compare to the situation before 10 years. Compare to many phone providers/cable compaines, vonage customer service is simply great, at least in my experience.
Ok...the way I see this is 5000min/month at $25 (not adding taxes) is 5 cents a minutes...that is more than what I pay for my calling cards....bottom line....if your monthly calling bill is less than $ 25 there is no reason why you should get Vonage.
Any way, this pan is simply superb compare to the situation before 10 years. Compare to many phone providers/cable compaines, vonage customer service is simply great, at least in my experience.
Ok...the way I see this is 5000min/month at $25 (not adding taxes) is 5 cents a minutes...that is more than what I pay for my calling cards....bottom line....if your monthly calling bill is less than $ 25 there is no reason why you should get Vonage.
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english_august
07-09 07:30 PM
Very good. Please post this message to the front page of IV.
Core team should do that any moment now
Core team should do that any moment now
Hunter
05-09 05:30 AM
I guess the genuine companies will move the H1/L1 staff abroad along with positions to meet this requirements if at all this becomes law. What that means is more job loss in US. (Whether US has 50% of total "high skilled" work force necessary to run the operations of all the companies is another important question... I do not think so, may be the senators are considering highschool dropouts to handle the "high skilled" jobs :), I read somewhere about a recent survey and only 27% of 25-45 age group of population has a college degree in all discipline. I will try to find the link)
Over all, I see this move by senators as short sited and will prove disastrus to America in long run given the fact that no other country in the world is as dependent on technology / research and development as US.
I also saw a quote from one of the Indian offshoring company CEOs that only 25% of Indian engineers are employable. May be highschool dropouts in US may not be that bad when contrasted against that statistics, after all Bill Gates was also a dropout. Also the dime-a-dozen so-called "engineering colleges" in India that feed Indian offshoring companies are known for QUANTITY and not QUALITY. Indian students go for (or their parents pay for) those courses offered in those colleges precisely because they offer a better future - i.e. they feel they get a good ROI on their investment, even if they don't have the interest or aptitude for Computer Science or engineering. These days, these facts are known to a lot of americans working in IT.
If H1/L1 visa is restricted, that will give an incentive for americans to acquire a degree in science/engineering, just like the indian students taking courses in india offering a better ROI, as they get the feeling that they won't be discriminated in a job and investing $$$ in education is not going to be wasted. This is what President Obama also emphasized today about the need for fundamental change in unemployment allowances helping to retrain the laid-off workers.
It will no doubt cut into the obscene profit margins of TCS/INFY etc., as they will be forced to play by the rules.
Over all, I see this move by senators as short sited and will prove disastrus to America in long run given the fact that no other country in the world is as dependent on technology / research and development as US.
I also saw a quote from one of the Indian offshoring company CEOs that only 25% of Indian engineers are employable. May be highschool dropouts in US may not be that bad when contrasted against that statistics, after all Bill Gates was also a dropout. Also the dime-a-dozen so-called "engineering colleges" in India that feed Indian offshoring companies are known for QUANTITY and not QUALITY. Indian students go for (or their parents pay for) those courses offered in those colleges precisely because they offer a better future - i.e. they feel they get a good ROI on their investment, even if they don't have the interest or aptitude for Computer Science or engineering. These days, these facts are known to a lot of americans working in IT.
If H1/L1 visa is restricted, that will give an incentive for americans to acquire a degree in science/engineering, just like the indian students taking courses in india offering a better ROI, as they get the feeling that they won't be discriminated in a job and investing $$$ in education is not going to be wasted. This is what President Obama also emphasized today about the need for fundamental change in unemployment allowances helping to retrain the laid-off workers.
It will no doubt cut into the obscene profit margins of TCS/INFY etc., as they will be forced to play by the rules.
more...
n_2006
07-11 09:49 AM
Please delete if it is duplicated. There seems to be two different news items in NYTimes.
http://www.nytimes.com/2007/07/11/us/11visa.html?ref=us
http://www.nytimes.com/2007/07/11/us/11visa.html?ref=us
2010 Big Sean -Finally Famous (The
mallu
01-24 11:58 AM
Fly from SFO --> HongKong --> Singapore --> India . No transit visa needed anywhere. Inflight desi food available. Ticket is pricey.
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MeraNaamJoker
08-12 01:06 PM
Is USCIS following any pattern while approving I485 cases when the dates are current?.
Nothing in particular. Some patterns which were discussed here were mere coincedence.
Nothing in particular. Some patterns which were discussed here were mere coincedence.
hair Jam Big Sean - quot;Finally
delhiguy79
03-05 09:31 AM
Hi guys,
I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
more...
krish2006
04-05 09:14 AM
Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
I strongly doubt your argument. For the past six months , Demand data before Jan1st,2006 stayed zero for EB2 I/C. If USCIS thinks one of those pre 2006 cases are approvable then we would see this reflect in DOS demand data.
At the end of the day, whatever data that is listed in Demand data is all that matters. Since it is the only determining factor for setting VB dates and nothing else
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
I strongly doubt your argument. For the past six months , Demand data before Jan1st,2006 stayed zero for EB2 I/C. If USCIS thinks one of those pre 2006 cases are approvable then we would see this reflect in DOS demand data.
At the end of the day, whatever data that is listed in Demand data is all that matters. Since it is the only determining factor for setting VB dates and nothing else
hot Big Sean – Finally Famous Free
ArunAntonio
07-09 06:45 PM
I dont expect USCIS to get all emotional because of our flowers and issue an update to their updated bulletin saying they will now accept and issue green cards.
The point is that we need to make awareness that there is a HUGE community that gets affected by every move they make and that we are an active and cohesive community and also to create awareness of this debacle.
Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
The point is that we need to make awareness that there is a HUGE community that gets affected by every move they make and that we are an active and cohesive community and also to create awareness of this debacle.
Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
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l1fraud
06-17 09:19 PM
Hi Guys,
Please find the details of how we complaint to our client management regarding L1 violation ....(for some of you guys who are interested in educating uer clients)
Step 1. Collect the email id of uer CEO and 8-10 executive managers, make sure that your groups CIO/CTO s email ids are included, get the email id of HR Head/Legal Dept/Immigration Dept of your client (CC them in the email).
Step 2. Create an anonymous Id with something like "Against Fruad"
Step 3. Formulate the email as given below
Subject: Fradulant Activity by Vendor - CTZ Tech Solutions ...For Eg.:-)
First Paragraph: What the Fraud/Violation Is?:
Mention the L-1B violation by these companies and how these resources are legally prohibited from working on staff augmentation assignments, mention the L1 reform act of 2004, provide the link to USCIS website and attach the .pdf file with L1 reform act. Mention the list of employees at the bottom of the email.
Second Pargaraph: Why They Do This?: Key points .. NO wage restrictions, NO numerical limitation and mention the H1 visa lottery in 2006,07,08 etc. NEVER talk abt corporate greed in this whole email (hope u got why!).
Third Paragraph: How they do this?: Mention about the petition which has to do nothing the current project they work on and the visa interview where these guys tell abt someother projects and clearly mention how they gets deployed to projects where they don't have eligibility to work and skills they cannot be utilized for.
Fourth Paragraph: How to Prevent this: (To show that you are sending this to resolve an issue and not to complicate one) ... mention about how easily each hiring manager can avoid this by setting visa criterion for all jobs including contract and temporary jobs.. once criterion is set by hiring managers these vendors cannot violate the same. For Eg. Hiring managers set the criterion that a new contract position can only be filled by Citizens/Green Cards/EAD/H1 s... so L1 violation doesnt even come into picture.
Last Paragraph (BUT NOT LEAST)
Mention the NAME of atleast 5 resources (and their organisation) working on L1, their projects, technology on which they work and how they violate L1 by working on these projects and technologies.
BELIEVE ME ... WE WERE PARTIALLY SUCCESSFULL ... NO MORE NEW ONSITE CONSULTANTS FROM THIS VENDOR ... but client is not yet ready to review the existing consultants.. looks like they are having a internal probe into the matter...hope we'll get some good news regarding the same too.
Please find the details of how we complaint to our client management regarding L1 violation ....(for some of you guys who are interested in educating uer clients)
Step 1. Collect the email id of uer CEO and 8-10 executive managers, make sure that your groups CIO/CTO s email ids are included, get the email id of HR Head/Legal Dept/Immigration Dept of your client (CC them in the email).
Step 2. Create an anonymous Id with something like "Against Fruad"
Step 3. Formulate the email as given below
Subject: Fradulant Activity by Vendor - CTZ Tech Solutions ...For Eg.:-)
First Paragraph: What the Fraud/Violation Is?:
Mention the L-1B violation by these companies and how these resources are legally prohibited from working on staff augmentation assignments, mention the L1 reform act of 2004, provide the link to USCIS website and attach the .pdf file with L1 reform act. Mention the list of employees at the bottom of the email.
Second Pargaraph: Why They Do This?: Key points .. NO wage restrictions, NO numerical limitation and mention the H1 visa lottery in 2006,07,08 etc. NEVER talk abt corporate greed in this whole email (hope u got why!).
Third Paragraph: How they do this?: Mention about the petition which has to do nothing the current project they work on and the visa interview where these guys tell abt someother projects and clearly mention how they gets deployed to projects where they don't have eligibility to work and skills they cannot be utilized for.
Fourth Paragraph: How to Prevent this: (To show that you are sending this to resolve an issue and not to complicate one) ... mention about how easily each hiring manager can avoid this by setting visa criterion for all jobs including contract and temporary jobs.. once criterion is set by hiring managers these vendors cannot violate the same. For Eg. Hiring managers set the criterion that a new contract position can only be filled by Citizens/Green Cards/EAD/H1 s... so L1 violation doesnt even come into picture.
Last Paragraph (BUT NOT LEAST)
Mention the NAME of atleast 5 resources (and their organisation) working on L1, their projects, technology on which they work and how they violate L1 by working on these projects and technologies.
BELIEVE ME ... WE WERE PARTIALLY SUCCESSFULL ... NO MORE NEW ONSITE CONSULTANTS FROM THIS VENDOR ... but client is not yet ready to review the existing consultants.. looks like they are having a internal probe into the matter...hope we'll get some good news regarding the same too.
tattoo Big Sean – Finally Famous (The
WaldenPond
01-02 10:30 PM
WaldenPond,
I send u a PM.
--MC
Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.
Thanks again.
WaldenPond
I send u a PM.
--MC
Thanks mchundi. I replied to your PM. Please continue to contribute to this forum with ideas, information and participation that would help everybody here. Your participation is very important as it motivate others.
Thanks again.
WaldenPond
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pictures Well, “Finally Famous“
alisa
06-21 03:10 PM
In 2004, a friend moved within the same Multinational company (A) from one business (A1) to another (A2). The HR department did not apply for an H1 transfer assuming that one was not needed, and the friend worked for a few months before the business A2 was sold off, and the new company realized the mistake, and filed for her H1 transfer, which was approved. The new company then filed for her labor and got her I-140 approved.
Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?
I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?
Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?
I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?
dresses Big Sean – Finally Famous
mpadapa
08-22 05:03 PM
I think we are fighting the wrong fight. I do recognize the whole EB system is unfair and in particular to I/C/M/P.
The letter campaign is a great initiative, but I am not sure if we are focusing on the right problem. By saying that the new "interpretation of the spillover" is cruel to EB3 I/C/M/P is plain wrong. Both old and new interpretations were unfair to EB3 I/C/M/P.
Old interpretation resulted in good forward movement to EB3 ROW while EB2 crawls.
New interpretation results in good forward movement to EB2 while EB3 crawls.
How does EB3 ICMP benefit from both the interpretations?
EB3 is clogged because of the 245i cases. Unless we focus on the exact problem no amount of letters to lawmakers will not yield any result.
Writing letters to lawmakers is not going to provide any impact for this year Here is my reason it takes 3-5 weeks for the lawmakers to get the letters in DC because of special security screening requirements. By the time they receive the letters the Congress would pretty much be done with their term. The best option would be to meet with the lawmakers in their local office or in DC and appraise them of the long wait.
Please do understand that one of the reason USCIS changed their interpretation is because many folks with Ph D's and MS from ICMP where waiting for years to get GC"s and USCIS/DOS looked stupid in explaining the reason for the long wait for such folks. Even in the "visa wastage" hearing in the House immigration committee (on Apr 30) the DOS/USCIS was having trouble explaining the long wait times. One of the witness in the hearing was a PhD from China and had been waiting for years for his GC.
Come on folks. EB2 forward movement is good for EB3's, because EB2 will soon become current and the spillovers will be soon coming to EB3 after EB3 ROW is current. I am anticipating DOS will turn EB2 current in the second half of the year and this will ensure all the spillovers will flow into EB3's because EB2's with PD mid-2007 to now will not be able to clear the NC 180 day barrier. Cheer up folks and let us focus on the real problem getting more number of visa's through recapture.
If you feel strongly about the cause you should meet with your lawmakers office and address the issue. Letter campaign in not going to yield any short term impact. Please take the time to meet with your lawmakers
why are we giving so much importance to Ron. If he is so concerned about this issue why can't he take up this issue with AILA? He is a member of AILA.
The letter campaign is a great initiative, but I am not sure if we are focusing on the right problem. By saying that the new "interpretation of the spillover" is cruel to EB3 I/C/M/P is plain wrong. Both old and new interpretations were unfair to EB3 I/C/M/P.
Old interpretation resulted in good forward movement to EB3 ROW while EB2 crawls.
New interpretation results in good forward movement to EB2 while EB3 crawls.
How does EB3 ICMP benefit from both the interpretations?
EB3 is clogged because of the 245i cases. Unless we focus on the exact problem no amount of letters to lawmakers will not yield any result.
Writing letters to lawmakers is not going to provide any impact for this year Here is my reason it takes 3-5 weeks for the lawmakers to get the letters in DC because of special security screening requirements. By the time they receive the letters the Congress would pretty much be done with their term. The best option would be to meet with the lawmakers in their local office or in DC and appraise them of the long wait.
Please do understand that one of the reason USCIS changed their interpretation is because many folks with Ph D's and MS from ICMP where waiting for years to get GC"s and USCIS/DOS looked stupid in explaining the reason for the long wait for such folks. Even in the "visa wastage" hearing in the House immigration committee (on Apr 30) the DOS/USCIS was having trouble explaining the long wait times. One of the witness in the hearing was a PhD from China and had been waiting for years for his GC.
Come on folks. EB2 forward movement is good for EB3's, because EB2 will soon become current and the spillovers will be soon coming to EB3 after EB3 ROW is current. I am anticipating DOS will turn EB2 current in the second half of the year and this will ensure all the spillovers will flow into EB3's because EB2's with PD mid-2007 to now will not be able to clear the NC 180 day barrier. Cheer up folks and let us focus on the real problem getting more number of visa's through recapture.
If you feel strongly about the cause you should meet with your lawmakers office and address the issue. Letter campaign in not going to yield any short term impact. Please take the time to meet with your lawmakers
why are we giving so much importance to Ron. If he is so concerned about this issue why can't he take up this issue with AILA? He is a member of AILA.
more...
makeup Name: Big Sean - Finally
GCwaitforever
03-25 10:08 AM
Got a reply back just now
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Have you written to EEOC (Equal Employment Opportunities commission and copied to this Mr. Craig?).
See earlier discussions on this topic -
http://immigrationvoice.org/forum/showthread.php?t=2312&highlight=EEOC
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Have you written to EEOC (Equal Employment Opportunities commission and copied to this Mr. Craig?).
See earlier discussions on this topic -
http://immigrationvoice.org/forum/showthread.php?t=2312&highlight=EEOC
girlfriend Big Sean - Finally Famous
CADude
09-20 04:12 PM
USCIS is not prepared for anything. if this works then great. if not i tried didn't work out.... :)
I fully agree that USCIS should work FIFO, but "should" does not make that happen. Clearly USCIS is not equipped for FIFI when truck loads of applications arrive. We may complain now, but I believe we should give them additional 10 days they need (to make it 90 days). I am equally worried about my July 2 filing. Nevertheless, I wish and hope the congressman's intervention helps.
I fully agree that USCIS should work FIFO, but "should" does not make that happen. Clearly USCIS is not equipped for FIFI when truck loads of applications arrive. We may complain now, but I believe we should give them additional 10 days they need (to make it 90 days). I am equally worried about my July 2 filing. Nevertheless, I wish and hope the congressman's intervention helps.
hairstyles Big Sean #39;Finally#39; Gets
hopeforgcfast
08-17 02:18 PM
Due to the pending caseload at NSC, the processing time of your I485 application has been extended. Allow extra time for an officer to review your application. Furthermore if all intial evidence was not included with your application or a question arose during adjudication that required a RFE additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as decision is made. The service is waiting for VISA availability
got this message for my wifes SR opened on 07/30, did anyone got the same response?
I got the same reply to my SR.
Your application remains awaiting review by an Officer and you will be notified as soon as decision is made. The service is waiting for VISA availability
got this message for my wifes SR opened on 07/30, did anyone got the same response?
I got the same reply to my SR.
wandmaker
01-09 06:39 PM
Now long awaited Feb 08 bulletin is out and the dates are as expected. It is time for all IVans (including guests) to help IV to succeed in the campaign. Focus your energy, spread the word, make others do the same - IV will help us succeed.
FUNTIMES
06-22 11:13 AM
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"
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"
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