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 Has your I-140 been withdrawn by old employer?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.
"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.
dvd cover design template. DVD cover design and DVD label
onemorecame
06-26 04:30 PM
IS Bill Passed?
dvd cover design template. dvd cover design template.
gc_chahiye
11-29 05:21 PM
I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".
Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.
sure. Just make sure you dont cut it too close.. I have had numerous run-ins with Mr Murphy (http://en.wikipedia.org/wiki/Murphy's_law).
Always make allowances for things like your attorney missing his flight back from a new years party in the Bahamas; or waking up too drunk on Jan 2nd to be able to even know the full form of RFE :)
Also, depends on what the RFE is:
* if its just EVL, payslips (possible, with your job moves), then its pretty much a formality and you are all set for your GC.
* If its medicals then you might need to scramble to get it done on time (might as well take an appointment now for around Dec 10th, you can cancel it if the RFE is for something else).
* If its something like details of your status going back to first entry into US and things like that then you want to be careful and possibly delay your response to ensure you are back here to fight it out in case you run into problems with some mistake on their side.
If I were you, I would take the medical appointment, then wait for the RFE to decide the next steps...
Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.
sure. Just make sure you dont cut it too close.. I have had numerous run-ins with Mr Murphy (http://en.wikipedia.org/wiki/Murphy's_law).
Always make allowances for things like your attorney missing his flight back from a new years party in the Bahamas; or waking up too drunk on Jan 2nd to be able to even know the full form of RFE :)
Also, depends on what the RFE is:
* if its just EVL, payslips (possible, with your job moves), then its pretty much a formality and you are all set for your GC.
* If its medicals then you might need to scramble to get it done on time (might as well take an appointment now for around Dec 10th, you can cancel it if the RFE is for something else).
* If its something like details of your status going back to first entry into US and things like that then you want to be careful and possibly delay your response to ensure you are back here to fight it out in case you run into problems with some mistake on their side.
If I were you, I would take the medical appointment, then wait for the RFE to decide the next steps...
dvd cover design template. That DVD Cover is
shirish
09-11 06:37 AM
Thankx for the info.
did you send ur 485 application directly to TSC or was it transfered to TSC?
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
did you send ur 485 application directly to TSC or was it transfered to TSC?
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
more...
dvd cover design template. dvd cover templates photoshop.
delhirocks
06-25 12:51 PM
Regarding your 1st issue...My lawyer advised me to attach the scan copy with 485, but definately have the originals in hand in case there is a RFE.
I don't want to take a chance, so Iam asking my parents to send it through 2nd day fedex as well. It will cost me maybe another Rs 2-3000, but what the hell..
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
I don't want to take a chance, so Iam asking my parents to send it through 2nd day fedex as well. It will cost me maybe another Rs 2-3000, but what the hell..
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
dvd cover design template. WWE 2007 DVD Cover Template
GC_SUCK
09-26 11:12 AM
I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
more...
dvd cover design template. dvd cover design template.
njboy
01-18 12:33 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
dvd cover design template. wedding dvd cover design.
va_labor2002
08-23 10:31 AM
SKIL Bill will resolve lot of our issues. There are lot of people supporting this BILL. And, many Big companies are behind this BILL. Still, this Bill is stuck in the congress for many months. Why ? What is happening with this Bill ? We don't know the future of this Bill ? It is in a Black box now !
But,we have to do something to pass this BILL. What options we have ?
What IV is doing now to push this Bill ? IV has done an excellent job in CIR
bill in the senate.
I suggest everybody to post their ideas and comments to this thread. I appreciate your valuable comments and brilliant ideas.
Thank you.
But,we have to do something to pass this BILL. What options we have ?
What IV is doing now to push this Bill ? IV has done an excellent job in CIR
bill in the senate.
I suggest everybody to post their ideas and comments to this thread. I appreciate your valuable comments and brilliant ideas.
Thank you.
more...
dvd cover design template. Abstract design template for
eb3_nepa
02-12 06:09 PM
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
Now hang on a minute there!
There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:
I dont want to take the pain of "mailing the letters"
Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
Now hang on a minute there!
There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:
I dont want to take the pain of "mailing the letters"
Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE
dvd cover design template. wedding dvd cover design.
hnordberg
October 22nd, 2005, 04:37 PM
I'm interested in a local (SF Bay Area) meet...
Cheers
- Henrik
Cheers
- Henrik
more...
dvd cover design template. wedding dvd cover design. slim
willwin
04-05 09:16 AM
How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds
Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.
Perhaps, the attorney team here on this forum can help us understand how this works.
Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.
Perhaps, the attorney team here on this forum can help us understand how this works.
dvd cover design template. DVD Cover template.
ssingh92
01-03 11:33 AM
I asked a question regarding use of AP and received following response from Embassy of Belgium.
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
more...
dvd cover design template. dvd cover design template. cd
RajForGC
02-20 03:33 PM
My PERM and 140 under EB3 is already approved last year, (other Conuntry). I am in the process of filing EB2, MS +0, with same company: different postion and 30% job req changes, prevaling wage is different level. I did my MS before I joined this company. My lawyer is saying we should be fine: any suggestions.
dvd cover design template. Easy CD amp; DVD Cover Creator
ramaonline
03-17 01:43 PM
You can submit the claim yourself - Download the claim forms from your insurance co website. Use these HIPAA codes -
Do a google search for any other codes you need to include.
Testing / Lab HIV-1 and HIV-2 86703
Testing / Lab Syphilis test (RPR) 86592
Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
Preventive Care MMR immunization (subcutaneous) 90707
Preventive Care Varicella immunization 90716
Preventive Care TD immunization (Tetanus) 90718
Do a google search for any other codes you need to include.
Testing / Lab HIV-1 and HIV-2 86703
Testing / Lab Syphilis test (RPR) 86592
Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
Preventive Care MMR immunization (subcutaneous) 90707
Preventive Care Varicella immunization 90716
Preventive Care TD immunization (Tetanus) 90718
more...
dvd cover design template. dvd cover design software. dvd
USDream2Dust
03-17 12:39 PM
As long as you have money and Good Credit, you should get Mortgage. I did it on EAD last year and they did came back and ask for H1B. Fortunately me and my wife both had valid H1bs and they approved the loan. I guess the problem stems from the fact that very few loan officers understand immigration.
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
dvd cover design template. Beatiful DVD-templates
shimul99
10-23 09:08 PM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer that.....my AP got rejected because the rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....
I don't know how to react. The online doesn't have any update about that yet.
I don't know how to react. The online doesn't have any update about that yet.
more...
dvd cover design template. Wedding photo DVD cover design PSD templates [5], charming bride wedding
![dvd cover design template. Wedding photo DVD cover design PSD templates [5], charming bride wedding](http://pic.fzwp.com/psds2/p84/psds12187.jpg "Wedding photo DVD cover design PSD templates [5], charming bride wedding")
burnt
05-28 02:13 PM
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
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
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
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
dvd cover design template. Abstract design template for
amslonewolf
07-23 01:50 PM
K Larson
dvd cover design template. type (CD or DVD) and start
ganguteli
03-02 11:28 AM
bump
Why are you spamming the forum by posting bump messages everywhere?
Why are you spamming the forum by posting bump messages everywhere?
minimalist
02-03 08:29 AM
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
2 is more legitimate reason and people answered that it is not an issue.
For the first one if you are thinking about saving 360$, think if some strikes/riots in India/country you are traveling thru or a weather event similar to the one that stopped flights al over Europe were to happen.
In my opinion , not renewing will be a huge risk. The reward of saving 360$ is not worth it.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
2 is more legitimate reason and people answered that it is not an issue.
For the first one if you are thinking about saving 360$, think if some strikes/riots in India/country you are traveling thru or a weather event similar to the one that stopped flights al over Europe were to happen.
In my opinion , not renewing will be a huge risk. The reward of saving 360$ is not worth it.
logiclife
11-28 10:26 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the �Rest of the World� category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the �Rest of the World� category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
No comments:
Post a Comment