All Aug 2013 485 APPROVALS & DISCUSSION - report here with details

[Niksammy]

Last spring in 2012, did people "miss the boat" even after getting reply either by SR or other way (including congressional inquiry) that their case is assigned to an officer.
I am trying to interpret the congressional inquiry reply as best I can, can I hope that there sure will be an adjudication since its "with an officer for review" or else are there any cases in the past where it has been assigned to officer but never adjudicated for various reasons?
Yesterday and today the pace of approvals have slowed down dramatically.
we have only 10 business days left in the month and after that there will be another 7.3K cases added and I am not sure whether the IO's will try to finish the cases already assigned or else will go for the "fresh fruits".

I am pretty confident that you will get the approval this FY year itself. I know that you have some concerns regarding your current job, but you will be fine since you have already replied to the EVL RFE. I know 2 people who got their GCs after they were fired by their GC enployers in 2007 and both of them recently became US citizens, without any issues. So I do not think you will run into any problems because of job change.

I am in a similar boat - want to get GC at the earliest. Have tried everything that i could do from contacting the congressman to getting an info pass appointment (for 20th Aug). The response I have gotten from the congressman is that USCIS is pretty busy and I need to wait for 30-45 days. Keeping my fingers crossed and hoping for the best since other things are beyond our control. I am pretty sure that when you get the GC, you will think about all the stressful time from 1 Aug 2013 onwards and have a good laugh.

[indiani]

I am pretty confident that you will get the approval this FY year itself. I know that you have some concerns regarding your current job, but you will be fine since you have already replied to the EVL RFE. I know 2 people who got their GCs after they were fired by their GC enployers in 2007 and both of them recently became US citizens, without any issues. So I do not think you will run into any problems because of job change.

I am in a similar boat - want to get GC at the earliest. Have tried everything that i could do from contacting the congressman to getting an info pass appointment (for 20th Aug). The response I have gotten from the congressman is that USCIS is pretty busy and I need to wait for 30-45 days. Keeping my fingers crossed and hoping for the best since other things are beyond our control. I am pretty sure that when you get the GC, you will think about all the stressful time from 1 Aug 2013 onwards and have a good laugh.

Those are very kind and encouraging words, I really hope I get this month as September will be even more nerve-wrecking month as new cases will be added and moreover they can "close for the fiscal year" anytime.

I could definitely find a job as a physician but it is just time consuming and even to get a letter of job offer it might take few weeks, so I am just concerned everyday and putting up with rude and disgusting employer ( who in fact came to this country on J-1 visa and from India ) everyday. My alternate plan is open a LLC and work under LLC after few months as it will take that long to kick start because of insurance approvals or finding contract jobs etc.,( this is my back up plan in case fired) I feel like a runaway teen with a pimp who could theoretically leave the abusive pimp but afraid to do so. what he expects me to do is almost illegal and he thinks that as I don't have GC yet I will put up with anything for his profits, so I am really torn between leaving under AC21 or trying to kill each minute with the hope of getting the CPO TXT/email. ( at this moment choosing the latter)

[seattlet]

Those are very kind and encouraging words, I really hope I get this month as September will be even more nerve-wrecking month as new cases will be added and moreover they can "close for the fiscal year" anytime.

I could definitely find a job as a physician but it is just time consuming and even to get a letter of job offer it might take few weeks, so I am just concerned everyday and putting up with rude and disgusting employer ( who in fact came to this country on J-1 visa and from India ) everyday. My alternate plan is open a LLC and work under LLC after few months as it will take that long to kick start because of insurance approvals or finding contract jobs etc.,( this is my back up plan in case fired) I feel like a runaway teen with a pimp who could theoretically leave the abusive pimp but afraid to do so. what he expects me to do is almost illegal and he thinks that as I don't have GC yet I will put up with anything for his profits, so I am really torn between leaving under AC21 or trying to kill each minute with the hope of getting the CPO TXT/email. ( at this moment choosing the latter)

I would suggest to go head on with ur employer. Certain folks just need to be kept in check by periodic taps on their head so that they even will let u live. worst case they fire you and just be ready for that possibility. I would suggest be ready for anything- job in different state/ city, any remote part of the country etc. Anything would be better than this.

My recommendation is that u assume that u wont get GC in the next few months and plan and do what u have to do. If it arrives sooner u can change ur plans any day. (or go on vacation for couple of months). If you are unable to do that, take a sick leave for few days till end of month hoping to get GC (Find some chronic condition like back pain, neck pain etc where if you say you have pain and they diagnose they will definitely find something u r a doc. i dont have to tell u more). And during this time, find a new job in next couple of weeks.

[qesehmk]

@indiani - I didn't know your story. I hope you get yours in next few weeks. I don't see why not.

I personally knew somebody - a physician friend - who lost his job while his date became current. But he got his GC without any problems. Lets hope you carry through the last leg without problems and then the world is full of choices.

Another friend of mine used to work for a hedge fund. The owner - a desi guy - was minting money - so much that he could take a charter plan to mumbai and back to see his parents. But he paid my friend less than what many of you make in 3 months. Finally my friend left him and joined a good fortune 50 company. But I guess - when it comes to H1 exploitation - all employers screw you - except for the top notch employers like google who value their people.

As seattlet said - if it comes to that - screw the employer. I don't want to be insensitive - but to be honest - if it comes to that - screw the green card also - your own dignity and peace of mind is 100 times more important than any green card or citizenship. Just don't let that jerk have you do something illegal.

[indiani]

@indiani - I didn't know your story. I hope you get yours in next few weeks. I don't see why not.

I personally knew somebody - a physician friend - who lost his job while his date became current. But he got his GC without any problems. Lets hope you carry through the last leg without problems and then the world is full of choices.

Another friend of mine used to work for a hedge fund. The owner - a desi guy - was minting money - so much that he could take a charter plan to mumbai and back to see his parents. But he paid my friend less than what many of you make in 3 months. Finally my friend left him and joined a good fortune 50 company. But I guess - when it comes to H1 exploitation - all employers screw you - except for the top notch employers like google who value their people.

As seattlet said - if it comes to that - screw the employer. I don't want to be insensitive - but to be honest - if it comes to that - screw the green card also - your own dignity and peace of mind is 100 times more important than any green card or citizenship. Just don't let that jerk have you do something illegal.

Q,

thanks for your kind words, last time even though I had concurrent H-1 , I left the old employer with whom I had 1-140 just couple of months before GC and by the time I got new PERM and I-140 the dates retrogressed and I was just able to file for 485 in April 2012. Now that I am current I am putting up with BS/ swallowing up my ego ( or I should call it self-respect) hoping that the usics will adjudicate in coming days or couple of weeks, I spoke with a Pilipino friend ( we both started on H-1 our first jobs but now he is on his own ) who offered to give a EVL should I lose my job immediately. even though technically I could sue my current employer ( if he fires) as he has to give me 3 month notice before terminating , he can always show some reason to justify firing and unless I am able to prove that he is biased ( which is very difficult as the rest of the staff mostly hourly waged staff in the office or other doctors will try to keep their jobs and not say a word) its very difficult to sue ( courts usually give employer / entrepreneur the benefit of doubt).

a dentist fired his employee as " she was too hot for the job" and she lost in the court even though she worked for dentist for years.

My last resort is to open a LLC and plan to work on my own but in case of RFE, its difficult to answer as I wont have anything but just a LLC ( without any ability to pay etc. ) as it takes months to get on insurance plans and get hospital privileges.

Right after the CPO e-mail , I wont put up with any BS even for a second as I won't be vulnerable like I described before " runaway teen with a pimp who could theoretically leave but actually wont". or else if there is delay in GC beyond sept and dates retrogress in oct even then I will file AC21 and leave.

[Jagan01]

Q,

thanks for your kind words, last time even though I had concurrent H-1 , I left the old employer with whom I had 1-140 just couple of months before GC and by the time I got new PERM and I-140 the dates retrogressed and I was just able to file for 485 in April 2012. Now that I am current I am putting up with BS/ swallowing up my ego ( or I should call it self-respect) hoping that the usics will adjudicate in coming days or couple of weeks, I spoke with a Pilipino friend ( we both started on H-1 our first jobs but now he is on his own ) who offered to give a EVL should I lose my job immediately. even though technically I could sue my current employer ( if he fires) as he has to give me 3 month notice before terminating , he can always show some reason to justify firing and unless I am able to prove that he is biased ( which is very difficult as the rest of the staff mostly hourly waged staff in the office or other doctors will try to keep their jobs and not say a word) its very difficult to sue ( courts usually give employer / entrepreneur the benefit of doubt).

a dentist fired his employee as " she was too hot for the job" and she lost in the court even though she worked for dentist for years.

My last resort is to open a LLC and plan to work on my own but in case of RFE, its difficult to answer as I wont have anything but just a LLC ( without any ability to pay etc. ) as it takes months to get on insurance plans and get hospital privileges.

Right after the CPO e-mail , I wont put up with any BS even for a second as I won't be vulnerable like I described before " runaway teen with a pimp who could theoretically leave but actually wont". or else if there is delay in GC beyond sept and dates retrogress in oct even then I will file AC21 and leave.

Indiani,

I think its best to stay put at the job. I am surely less educated about all the details but had heard that people generally stick around with the employer even after getting GC. I do not know if it is true but had heard that 6 months is the minimum time to hang around after getting greened.

About the multiple H1, I have read conflicting information. Some forums like Murthy have explained that it is not in the best interest to be on multiple H1s at the same time. I currently work for one of the big software firms but also had an opportunity to work for a startup which was ready to hire me part time on a separate H1. However, researching the topic I did not feel comfortable to hold multiple H1s. I am sure you would have done your homework but just a suggestion that it might be helpful to check if doing multiple jobs after holding multiple H1s is not detrimental.

Thanks,
Jagan

[indiani]

Indiani,

I think its best to stay put at the job. I am surely less educated about all the details but had heard that people generally stick around with the employer even after getting GC. I do not know if it is true but had heard that 6 months is the minimum time to hang around after getting greened.

About the multiple H1, I have read conflicting information. Some forums like Murthy have explained that it is not in the best interest to be on multiple H1s at the same time. I currently work for one of the big software firms but also had an opportunity to work for a startup which was ready to hire me part time on a separate H1. However, researching the topic I did not feel comfortable to hold multiple H1s. I am sure you would have done your homework but just a suggestion that it might be helpful to check if doing multiple jobs after holding multiple H1s is not detrimental.

Thanks,
Jagan

If uscis is willing to give you permission to work under concurrent h-1's you can ( as a physicians I can do 2 full time jobs at the same time). you cannot apply for new h-1 or H-1 transfer and work for both.

secondly once I get GC, there is no rule as to how long somehow has to stay, I recently spoke with a physician who stayed for 1 month after GC and just got citizenship. 5 years from now the mood in general of the country will be pro-immigration so I expect them to be more lenient. More ever once I get GC I can work the way I want ( which is what all physicians should do- look out for the patient , not greedy employer) , if employer terminates then even if it 1 week from the time of GC, still I will be in good shape or may be he will learn to kiss my "you know what" for duration of my stay.

By the way in most forums the opinion of most people is not even worth a cent., here spec and others take extreme caution in providing links and evidence on everything they say.( uscis website, memo's , prior cases ) ( even though I have Guru under my name , I am not one , I got it without my knowledge perhaps for a amount of blogging I guess)

[Jagan01]

If uscis is willing to give you permission to work under concurrent h-1's you can ( as a physicians I can do 2 full time jobs at the same time). you cannot apply for new h-1 or H-1 transfer and work for both.

secondly once I get GC, there is no rule as to how long somehow has to stay, I recently spoke with a physician who stayed for 1 month after GC and just got citizenship. 5 years from now the mood in general of the country will be pro-immigration so I expect them to be more lenient. More ever once I get GC I can work the way I want ( which is what all physicians should do- look out for the patient , not greedy employer) , if employer terminates then even if it 1 week from the time of GC, still I will be in good shape or may be he will learn to kiss my "you know what" for duration of my stay.

By the way in most forums the opinion of most people is not even worth a cent., here spec and others take extreme caution in providing links and evidence on everything they say.( uscis website, memo's , prior cases ) ( even though I have Guru under my name , I am not one , I got it without my knowledge perhaps for a amount of blogging I guess)

Hi Indiani,

You might be correct and you surely have more knowledge about the details of concurrent H1's.

When I was going through the option of multiple H1's, I remember reading that it is not logically correct to say that I have multiple H1's (both full time) because of the employee-employer relations requirement that requires an employee to work in the employers office. If both are full time then how can I potentially be in two offices at the same time for the office hours ?

I also remember reading that in the I-129 application there is a box for concurrent H1 and that once the box is selected in the application then the jobs better be one part time and another full time. But again I do not know much about it.

[indiani]

Hi Indiani,

You might be correct and you surely have more knowledge about the details of concurrent H1's.

When I was going through the option of multiple H1's, I remember reading that it is not logically correct to say that I have multiple H1's (both full time) because of the employee-employer relations requirement that requires an employee to work in the employers office. If both are full time then how can I potentially be in two offices at the same time for the office hours ?

I also remember reading that in the I-129 application there is a box for concurrent H1 and that once the box is selected in the application then the jobs better be one part time and another full time. But again I do not know much about it.

you need not work in an office, moreover you need not work the same hours, many doctors work well beyond 100 hours,

I am one of them and I was given concurrent H-1's by uscis, I didn't work for both employers for very long

[Jagan01]

you need not work in an office, moreover you need not work the same hours, many doctors work well beyond 100 hours,

I am one of them and I was given concurrent H-1's by uscis, I didn't work for both employers for very long

Good to know that this is possible. I got contrary advice when I was figuring out whether a person can work for multiple employers on different H1s. Just out of curiosity, why did you not continue working with both and file two I-485s. If working for multiple employers is possible then I suspect that filing for GC with both is also possible. This can increase a persons chance of getting the GC.

[RogerFederer]

Indiani

I feel so sorry for your story. Always was reading your posts, buying aila stuff etc, never thought you are in such condition.

Below is my take

1. What I realized is you r the only person who can asses your situation make a right decision. No one else. They may say jump the well,cuz may be they are strong to jump, but you may not.
2. Leaving employer right after gc and having intent of leaving once approved is fraud. Ppl cover that in many ways but fraud is fraud. You may face consequences. Ppl say risk is only 1%. But for me no. For 99 others it may be ok.
3. If you started the process of moving before you r approved and if you informed of the intent to uscis its not cuz its AC21
4. I'm current and unfortunately I got an offer just before dates were current. Gues what I'm doing, I'm sticking to my current employer. Rejecting the ft. Devil vs prada. Watch that movie. You are the one knows what you want.

Don't make decisions in haste. I saw you posting today to carry two ids just for the sake of it to some one else. By that I assume you are no risk taker. So my suggestion is for you is stay put. But you can throw that suggestion in garbage :-)

Best wishes.

[indiani]

Good to know that this is possible. I got contrary advice when I was figuring out whether a person can work for multiple employers on different H1s. Just out of curiosity, why did you not continue working with both and file two I-485s. If working for multiple employers is possible then I suspect that filing for GC with both is also possible. This can increase a persons chance of getting the GC.

I had personal reasons not to continue at that time, looking back I should have.

Moreover its very strenuous to do 2 full time jobs at the same time for a long time.

[indiani]

Roger,


I feel so sorry for your story. Always was reading your posts, buying aila stuff etc, never thought you are in such condition.

Below is my take

1. What I realized is you r the only person who can asses your situation make a right decision. No one else. They may say jump the well,cuz may be they are strong to jump, but you may not.

some ideas are useful and yes, I have to take the final decision what to do eventually
2. Leaving employer right after gc and having intent of leaving once approved is fraud. Ppl cover that in many ways but fraud is fraud. You may face consequences. Ppl say risk is only 1%. But for me no. For 99 others it may be ok.

Like I said I don't have intent to leave the employer right after GC, what I was looking for a back up plan if I lose job prior to GC approval and moreover , after GC I will be doing the job I am supposed to based on my contract and nothing else
3. If you started the process of moving before you r approved and if you informed of the intent to uscis its not cuz its AC21

I didn't understand what you mean exactly
4. I'm current and unfortunately I got an offer just before dates were current. Gues what I'm doing, I'm sticking to my current employer. Rejecting the ft. Devil vs prada. Watch that movie. You are the one knows what you want.

Don't make decisions in haste. I saw you posting today to carry two ids just for the sake of it to some one else. By that I assume you are no risk taker. So my suggestion is for you is stay put. But you can throw that suggestion in garbage :-)

I am doing exactly the same not taking risk and staying here now

[qesehmk]

When I was going through the option of multiple H1's, I remember reading that it is not logically correct to say that I have multiple H1's (both full time) because of the employee-employer relations requirement that requires an employee to work in the employers office. If both are full time then how can I potentially be in two offices at the same time for the office hours ?

That is a problem between you and your employers. USCIS doesn't care about that. However USCIS does require that the candidate be paid for 40 hours of work. So there is am implicit requirement here and I would imagine that USCIS will object to a third H1 because it is indeed difficult that in a week one can work 120 hours.

[Stemcell]

I had personal reasons not to continue at that time, looking back I should have.

Moreover its very strenuous to do 2 full time jobs at the same time for a long time.

indiani,

What is your speciality ?

[sandyn16]

On August 13th, status changed from RFE response review to Initial Review. Based on various forums, this seems to mean they opened my file and took some action. Does this mean a decision will be made soon? Like either a decision or RFE to follow?

[TeddyKoochu]

Hi All,

Today i received the CPO Email. I am thankful to Q, Spec , Teddy and other Gurus for all their help. You guys have been doing a wonderful job and i am sure people in future will benefit a lot from this site.

I have gained a lot from this website in term of understanding the Processes. It is amazing to have this knowledge on this forum. Thanks for moderators for controlling the sentiments on this forum and for keeping the discussion open and useful to all.


Thank you once again

Congratulations to you and your family, enjoy green life. Thanks for your kind words, personally I have gained immensely from all immigration forums.

[username]

Just received CPO email.

Thanks to all Gurus!!! .

Heartily thanks to Q for bringing this wonderful platform!!!

Good Luck to all.

[qesehmk]

Happy monday username. Now change the signature!

Just received CPO email.

Thanks to all Gurus!!! .

Heartily thanks to Q for bringing this wonderful platform!!!

Good Luck to all.

[kam_wmu]

First of all, a big thank U, to Q,T,S,M,In,Viz,Ped .. been following Q&T from ** days and never dared to post .. only read tons of healtly Info, predict,agremnts/disagremnts.
I have been expert in my Group of friends and always quote 'Q immi' - google search where I get and trust the Info.
As S put the figure of trackitt Approval of 5K for August - would like to know if there's ever a std. process/Memo of selecting I485 cases by CIS, pretty obvious that CIS doesn't follow any when approving 485 cases-
As Indiani and others I am also worried if my case gets picked up next month, short summary of my case, PD April 2008-EB2I, I140 revoked by Employer Late 2011 (Bcos I left Employer)- went back to Employer and used the same Labor(PD Apr 2008) to re-file I140 + 1st I485(April 2012)- I140 approved Dec 2012. Now concerned if my I485 gets picked up as someone on Trackitt said that CIS goes by I140 Approval Date while processing I485 - could be trash Info.
Also I1485 filed on April 2012 shows PD as the received date and 2nd approved I140 shows PD as Apr 2008.
Any sought of explanation will help -
1. for PD differing on I485 versus I140 and
2. CIS reason of picking the 485 cases one versus Other-
I do understand that approving 8-12 K months would have some approvals of easily approvable cases and there would be cases pending even being current for 2 times-this will be devastating on some of 2007 Eb2 filers.
Thank you
kam

[ragx08]

Just received CPO email.

Thanks to all Gurus!!! .

Heartily thanks to Q for bringing this wonderful platform!!!

Good Luck to all.

Congratulations username!!!

[Dodd_Frank]

Hi all,
Happy to announce my GC approval. Got the e-mail/SMS today (EST 9.30 AM). Thanks everybody on this forum. I have been a silent observer, registered a week back. Thanks Spec,Q,Matt,and everybody else who contributed directly/indirectly.
My info:
Oct 2007, 2nd week
Full time employee
(Tried all different ways to move my file, missed the boat twice, so did not want to risk this time, Lawyer/SR/Senator)
Seems every thign contributed to some extent. Hope others who are waiting get theirs too.
Thanks all

[qesehmk]

Happyness when shared increases! So thanks for sharing and congratulations.

Hi all,
Happy to announce my GC approval. Got the e-mail/SMS today (EST 9.30 AM). Thanks everybody on this forum. I have been a silent observer, registered a week back. Thanks Spec,Q,Matt,and everybody else who contributed directly/indirectly.
My info:
Oct 2007, 2nd week
Full time employee
(Tried all different ways to move my file, missed the boat twice, so did not want to risk this time, Lawyer/SR/Senator)
Seems every thign contributed to some extent. Hope others who are waiting get theirs too.
Thanks all

[Jagan01]

Someone with APR08 got GC

http://www.trackitt.com/member/neerajn76

[GCKnowHow]

Per trackitt, lots of approval from TSC today. I thought someone said TSC dont work on Mondays. Looks like they do.