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ZigZag
07-13 03:28 PM
See the attachment which I had come across in this forum and saved it
Hope this is helpful.
Hope this is helpful.
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Ramba
07-14 10:02 PM
--
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
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.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.
Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.
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.
The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.
The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.
rweworld1
07-12 04:38 PM
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
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rkm
09-17 10:12 PM
NICE JOKE..
It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)
It will probably cause inflation. Eventually they hope that house prices will catch up with the inflation. But a small problem though. The salary is not going to rise to match the housing price. The great benefits of global economy.:)
more...
haifromsk@yahoo.com
02-21 02:28 PM
bump
chris
04-24 03:13 AM
Congrats Googler.
Did you see any LUD's before approval ?
__ visa numbers will be deducted from quota :D ( fill in the blank please )
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Did you see any LUD's before approval ?
__ visa numbers will be deducted from quota :D ( fill in the blank please )
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
more...
loti_GC
06-11 06:48 AM
Our I-485 was approved on May 30th. Got cards and I-485 notice on Friday.
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bheemi
07-02 07:32 PM
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
Ask funds for some other work but not for lawsuit..
more...
bheemi123
10-03 01:33 PM
My wife is on L-1 currently and has an approved H-1b petition from company B which is a "change of status" effective October 01.
We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.
What other options do we have?
Thanks
that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....
We would like to stick to the L-1 for some more time and from what I gather one way of doing it is for her to travel out of the country and move back in.
What other options do we have?
Thanks
that is the only ption to continue L status..but remember u can not use h1b ..and u have to apply again for h1b in next year quota....
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nixstor
10-15 11:53 PM
ok what receipt # are you guys talking about? i think iam little confused..
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.
From USCIS FOIA home page
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.
From USCIS FOIA home page
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
more...
vnkpaul
09-15 04:09 PM
I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
I have been on L1 2 times for about 1 year duration each time.
My questions are:
1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?
Please reply... Thanks in advance...
I have been on L1 2 times for about 1 year duration each time.
My questions are:
1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?
Please reply... Thanks in advance...
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paskal
01-18 09:20 PM
alisa,
i'm only one step better- for now
eb2- pd expected 1q 2007- but india
btw, a fellow member from GA has made a power point slide with the condensed facts and statistics, it's posted on the iv-mn-mw web site
we discussed this on the teleconference and the idea came up that we needed something like this for people without perspective
we are hoping to refine this already excellent ppt into a valuable tool for everyone's use
please do take a look...
i'm only one step better- for now
eb2- pd expected 1q 2007- but india
btw, a fellow member from GA has made a power point slide with the condensed facts and statistics, it's posted on the iv-mn-mw web site
we discussed this on the teleconference and the idea came up that we needed something like this for people without perspective
we are hoping to refine this already excellent ppt into a valuable tool for everyone's use
please do take a look...
more...
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grinch
03-12 09:58 AM
great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:
aw thanks man, appreciate the compliment!
aw thanks man, appreciate the compliment!
tattoo I bought another Les Paul.
GCKaMaara
04-08 09:26 AM
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
more...
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pappu
01-15 11:26 PM
Bumping /\/\/\/\/\/\/\/\/\/\/\/\
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
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varshadas
12-18 09:11 AM
Hello Everyone,
Can we have the conference call again on Wednesday, 12/20/2006 at 9.00 PM EDT. Also, let me know if you think its a good idea to create an NJ yahoo group so we can all get notified instead of checking back in here every now and then.
Thanks,
Varsha
Can we have the conference call again on Wednesday, 12/20/2006 at 9.00 PM EDT. Also, let me know if you think its a good idea to create an NJ yahoo group so we can all get notified instead of checking back in here every now and then.
Thanks,
Varsha
more...
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gckabayega
03-17 12:52 PM
Does anyone know how many applicants convereted from EB3 to EB2 ?
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
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nojoke
02-27 09:11 PM
I am tired of listening to depressing economic news and beating dead horse on this forum. I know you are also tired, but trust me this doesn't help anyone. I can say this because I come from area dependent on free-falling auto-industry ... yeah I am from Detroit.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
Easy solution - Please don't be forced to read them.
misery didn't attrach misery -housing bubble attracts misery.
Times may be tough, but we are making tougher for ourselves by re-hashing these bleak developments. Remember misery attracts misery!
Easy solution - Please don't be forced to read them.
misery didn't attrach misery -housing bubble attracts misery.
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minicopter
01-08 08:36 PM
Guys,
I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.
Amen!!
I think you got it all wrong. A fresher/consultant who has the balls to put 5-6 fake yrs of experience in his resume certainly deserves a token of appreciation.
Why dont you ppl understand that there is a common selection process called an Interview and you have to go thru that to get a job and if a fresher beats an experienced guy in that process, to hell with that experienced guy, where has he hidden all his experience when a fresher could make it.
If you were a recruiter and you see a fresher and an experienced guy(4-5) competing/working at the same level for the same job, you have to see the fresher as a guy with a much greater learning graph and skill set.
I have seen guys coming on H1 after slogging 4-5 yrs in India and I think freshers/MS graduates are much better than them, in the way they talk, dress, think, behave....etc....
All you exeperienced guys out there who get scared of competeion in the market, especially from freshers, I strongly recommend u summon all the courage and prepare to be sliced by the sleeker edge.
Amen!!
diptam
07-01 09:44 PM
Updated my profile.
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
dhesha
07-12 07:20 PM
Are you sure about this? That means USCIS has been doing the pre-adjudication for applications whose PD was not current?
How one can find any VISA number is assigned to him? Also does this VISA number mean the GC number or just an A number?
How one can find any VISA number is assigned to him? Also does this VISA number mean the GC number or just an A number?
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