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  • cdeneo
    09-21 06:24 PM
    The text provided on the link below has the following section:
    ================
    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.

    ==========================================

    Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?

    Can someone please clarify? Thanks!

    Look at this document. This should answer lot of questions regarding AC21

    http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks
    Karthik





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  • shensh
    02-15 09:43 AM
    In order to apply under EB1, she must be L1-A holder which means her positions before/after the internal transfer are at executive or managerial level (some companies are very strict on their definition of "executive" level, usually not for someone with 3 years experience). Otherwise she can only get L1-B for skilled worker which is not qualified for EB1.
    Her best bet is to apply for H1-B, the fact that her husband is GC holder does not matter to her H1-B application as long as her employer gets her H1-B quota and 797.





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  • glores1970
    09-22 08:25 AM
    Hello,
    Anybody has information to offer for such a case ?
    Thanks.





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  • sparklinks
    04-10 08:34 AM
    Thanks buddy !



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  • AmericanAccent
    09-06 10:29 PM
    I am not sure how your T and R is ,American Accent has T/R in unique way

    American accent uses toungue movements in a specific way (just like any languague has its own movements)

    It depends from person to person ,and the teacher helped me personally as per my need

    And yes Im still practising my Exercises


    IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.

    On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.

    Am I feeding a troll? I guess..





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  • Macaca
    01-22 06:31 PM
    Ignore the crap!

    Win with class, Joe Gibbs, Coach Redskins.

    Be true to the Game, Michael Jordan.

    Go Tiger!



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  • a_yaja
    01-22 01:35 PM
    Hello,

    Here is my situation.


    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?



    Can anyone point me to some online materials detailing CP.

    Thanks in advance.

    Why don't you try to apply for the H1B visa again in India?





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  • vikram2101
    08-02 06:55 PM
    My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.

    do you remember the appointment time?



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  • trueguy
    08-28 04:07 PM
    Good fight guys, keep it going. We need reasons to laugh in this GC mess.





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  • jthomas
    03-27 01:01 PM
    Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc

    My attorney told me the same thing. USCIS wants to know if it is a legitimate business. However, if you wish to start/buy a business. Approach SCORE / SBA at your county. Make a business plan. Plan it out with recruiting employees at a later stage. After some time apply for green card. You never know you would be able to make a succesful business.

    I went through some of the process but it does not suit me so i backed off.

    Please update your information.



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  • GCBy3000
    05-06 11:47 AM
    If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.

    I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.

    WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.





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  • Blog Feeds
    04-17 08:30 AM
    In an amazing turn of the tables, Republicans are growing increasingly concerned that Democrats will attempt to pass immigration reform this year in order foster an internal split on the right. Since Prop 187 was passed in California in 1994, Republicans have often tried to use the immigration issue as a way to energize right wing voters and get them to oppose Democrats who are pro-immigration. Three op-ed pieces discuss that issue just in the last day. Michael Barone of the right wing American Enterprise Institute in the Wall Street Journal, Fox News co-host Morton Kondracke in Congressional Quarterly and...

    More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)



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  • fatjoe
    09-06 01:41 PM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.





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  • sbabunle
    05-05 01:46 PM
    My feeling is that there wont be any new bills for years sometimes. Both house and senate are deeply divided on the immigration issues. All of them want reform. But nobody can agree on any proposals being put forward to.
    Most of them want 11 million illegal immigrants here for their contributions. Most of them dont want 11 million illegal immigrants when they look at what they have to pay for their contributions.

    When taking into account of all of these I feel like people will argue for sometime and then will become happy with whats left. The 11 million will stay as illegal for some more years. And the legal immigrants will wait in the line for their rest of the life.



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  • GreeNever
    02-08 02:46 PM
    I..sort of have turned philosophical abt the whole process. Having said that, I also see bright flashes off and on...(just kiddin'). I talk optimism, walk optimism, eat optimism, sleep optimism :) ..ends here!.

    If all that it takes is - a copy of our presentation to be mailed/emailed to this 'super cop' of a minister or his office, I would still do it. That way, I have at least challenged him..





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  • lostinbeta
    09-10 02:30 AM
    Actually it is 3 seperate images all of which are .png images with transparency, all which use A/S. You are right though, they are small images and it is a small flash movie. I guess with something bigger it wouldn't be a good idea.

    Thanks for the info david. Much appreciated:)



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  • zCool
    04-02 11:15 AM
    But for 140, ability to pay type of RFE can and will be answered by company financials etc. It's just that if you are already employed and are getting more than LC proffered wage and can prove that via W2+paystubs.. it makes it simpler even when company doesn't have enough assets or profits.
    But it's not completely a must have,
    More to the point though
    You can count on getting some type of RFE somewhere in the process that will ask you to prove the status.
    Normally W2 and Paystubs are basic stuff that maybe asked even at the time of 485 decision.
    and moreover if he's paying you, why work?!!





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  • gcdreamer05
    11-05 03:27 PM
    After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).

    It is defintely not going to happen in the near future.....

    So even finding a pattern may not help as its not going to be current for all for EB3 atleast.





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  • Oct007
    12-13 09:57 AM
    Jawbreaker,

    Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
    (there are a few threads for Namecheck)

    If you are on H1B, keep renewing it

    If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.

    you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)

    budget money for EAD and AP renewals. Damn those are expensive now with the increased rates

    and If nothing happens in 15 months, get ready for one more FP appointment.

    check IV and other forums and help others with questions.





    sorcerer666
    03-25 12:52 PM
    I think for anyone to help you here, you need to provide more details. If all the facts in the letter that you pasted from USCIS is true, there seems to be very limited grounds for appeal.

    ***I am not a lawyer***





    GCapplicant
    10-01 10:14 AM
    As a point of revenge ,let's see what the anti's do this time.Let the CIR go thru...no doubt in that...as both the parties love illegals.

    Atleast the Anti's will face a failure in few months.A small :)

    We will be on Q :p as usual.Who care's...Life goes on.


    Of course USCIS has to upgrade - A load of application are going to flood them ...DOL will also work as fast as they can.



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