Thursday, June 9, 2011

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  • gcgreen
    07-22 02:31 AM
    Quoting the AC21 memo:
    "Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?


    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • krishnam70
    05-06 11:52 AM
    Here is my story, Immigration experts are requested to suggest.......

    My H1 started from Oct 05 with Employer A.
    Applied Labor in Feb 07, Approved in Feb 07.
    I-140 approved in May 07.
    Applied I-485 in July 07, still pending.
    EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
    Renewed EAD in Oct 08, valid till Oct 2010.

    In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

    The project with Employer A finished on Nov 22, 08. (on H1)
    Started new project with Employer B on EAD from Nov 24, 08.
    (AC21 was not filed)

    Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
    Returns, W2, etc)

    Due to miscommunication between me and Employer A, he was notified of my
    new job on EAD with Employer B in march 09.

    H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
    contract not submitted. (It was not mentioned in RFE)

    Never filed an AC21.

    What should I do now ? Will this H1 extension rejection become an
    obstable in getting I-485 approved ? Will there be any problem in getting
    third extension of EAD if I-485 is still pending ?

    Should I appeal this case by submitting all the end client contracts ? But I have
    used EAD ...........I have good relation with Employer A and am assuming he will
    not revoke my I-140.

    Experts please suggest........

    Here is my observation

    1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
    2. You implicitly used AC21 by moving to a new employer and working on an EAD
    3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
    4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

    The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

    - cheers
    kris





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  • waitingGC
    03-09 10:13 AM
    I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
    The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
    I strongly feel L1-A visa holders shud not be put in EB-1 category.
    What do you think.

    Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?





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  • puskeygadha
    06-02 09:20 PM
    audit is only on pending applications..i dont think it is on certified..

    also they may process fugmon cases fase..hope they dont denied any..

    what is supervised recruitment



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  • djsnug
    06-10 09:28 PM
    I think I'll secretly keep Phat7's image as wallpaper on my computer. The woman in there is absolutely beautiful! :D





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  • divakarr
    09-05 10:23 AM
    1-800-375-5283 Option 1,2,2,6,2,2,1 and tell them your application has been filed over 90 days so that they will transfer your call to second level customer support.


    For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.

    Because I got my AP receipt and there is no information for I-485, and AP is based on 485.

    My employer messed up my perm labor two years ago, and i hope it is not this time.



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  • n4nature
    02-05 11:59 AM
    Hello,

    I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

    Or is there any other combination, that would help approve labor in EB2?

    I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

    Thanks in advance for all your insights.





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  • shishya
    04-30 11:13 AM
    Hi,
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    Questions:
    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.



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  • leoindiano
    02-12 09:40 AM
    Guys,

    SR's doesnt work. period. I tried 3 times.

    best thing is take infopass at your local INS using http://infopass.uscis.gov.

    Go and show your receipts, they will schedule the FP appointment within 2 weeks from then. Most people did that successfully and i also took appointment for next week.





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  • hibworker
    03-08 03:23 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.

    Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.



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  • bsbawa10
    06-11 08:23 PM
    Sorry, for this dump question, but is Fp done very year until you get your gc ?





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  • p_kumar
    12-20 02:08 PM
    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    UPDATE: she has a valid H4 Visa stamping on passport till Jan 10

    Please advice

    Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D



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  • natrajs
    08-18 04:26 PM
    Mine Got approved in 6 Days in TSC





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  • ca_immigrant
    07-31 08:31 PM
    �Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
    What would be the expanded case status? like giving details what exactly is going on with case?

    by expanded case status they mean that the case will have an expected date.
    for eg, I am thking ofr my case they will say "GC expected in the next 10 to 11 years"

    so see that is more information :rolleyes:



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  • cool_guy_onnet1
    02-12 08:41 AM
    No FP Yet, July 22nd Filer. I tried CSR # few times and finally got hold of someone who was kind -enough.
    According to her, there are LOT OF PEOPLE in the same boat and she recieves this phone call more than any other queries.
    She said, all she can do is to request Service center for FP status but here is the glitch, Request from CSR to Service Center takes 90 days to process and count another 90 days for the response to be read by CSR and issue a new FP.

    Again, she kept saying that these are just numbers from top of her head and nothing is written on stone.

    Hope this helps-





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  • Hope_GC
    07-17 10:57 PM
    I am on the same boat.. My Wife is Expecting...Doctor filling I-693 form will file for exception.
    and we need to take the shots after the pregnancy and feeding.

    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!



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  • slowwin
    05-12 10:05 AM
    Congratulations!





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  • breddy2000
    03-09 10:22 AM
    Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?

    Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.

    What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.

    The general requirement is that the individual should have risen to the "top of her/his field of endeavor."

    (i) as demonstrated by national or international acclaim

    (ii) which should be recognized through extensive documentation and

    (iii) the alien should continue the work in the same field and

    (iv) would substantially benefit the U.S. prospectively

    Hope you got it.





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  • satishbsk
    07-24 03:10 PM
    My PP is going to expire in Oct 07,
    I applied for New PP at CGISF on 7/17 which might take around 15 working days.
    ____________________
    Contributed $280 so far





    BharatPremi
    11-06 07:50 PM
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    ilikekilo
    07-02 08:48 AM
    Hi,
    I just got married not long ago.

    I'm planning to apply I-485 this july.
    My question:
    Should she change her name prior to applying I-485 or she can do it after we applying I-485.
    How easy it�ll be to change last name while I-140 and I-485 pending?

    Anyone in the same boat?

    Thanks in advance.
    maccaid

    i would not hcange until ur done with ur gc....its a pain...wait if u can wait



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