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 Has your I-140 been withdrawn by old employer?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.
wallpaper Lizzie Cundy shows her ex
nogc_noproblem
05-28 02:35 AM
Good thinking Mr. Jacob , being spent thousands of hard earned dollars on these applications and renewals, I agree with you 100%. However, do you think anybody (in the govt) will listen to this? I lost that confidence long back. (I just sent a check for US$ 915 for AP renewal for me and my family, by the way, this is my 3rd EAD/AP renewal process but I never used them till date).
MerciesOfInjustices
03-17 01:23 AM
Thanks yourself, & all Core Group! And my true appreciation for everybody! Our cause is bound to succeed!
We shall overcome...soon!
We shall overcome...soon!
2011 Lizzie Cundy - FHM 100 Sexiest
amohale
11-18 10:11 PM
Hello,
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
more...
up_guy
08-10 11:13 PM
I am looking for recommendations from fellow forum members to choose a right service for my education evaluation. I need to get my Indian engineering degree evaluated (course by course) for an application in MBA school. I know about WES, but they are asking attested copies from university and registrar..
I thought some one might know some agency that can give evaluation based on original or copies without having to go through in India.
Appreciate feedback..
I thought some one might know some agency that can give evaluation based on original or copies without having to go through in India.
Appreciate feedback..
paragpujara
10-15 12:03 PM
DMVs in VA and MD check immigration status to issue/renew DL.
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
more...
tonyHK12
11-07 10:00 AM
Guys the person who wrote this article is a Democratic political consultant - in short political propaganda.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.
I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.
I really want to see some concrete facts showing they oppose legal immigration.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.
I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.
I really want to see some concrete facts showing they oppose legal immigration.
2010 Lizzie Cundy IMG_3281.jpg
waitingGC
05-30 02:45 PM
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
more...
software7
05-27 11:54 AM
Receipt Number: LINXXXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
Following are the possibilities.
1. Office might request for any documents required to process.
2. INterview may be scheduled.
Or can get request for another set of finger prints if 1st set is expired. ( Usually finger prints are valid for 15 months)
or may be some other process. I am not sure.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
Following are the possibilities.
1. Office might request for any documents required to process.
2. INterview may be scheduled.
Or can get request for another set of finger prints if 1st set is expired. ( Usually finger prints are valid for 15 months)
or may be some other process. I am not sure.
hair Lizzie Cundy Lizzie Cundy
smuggymba
08-11 11:56 AM
My wife got hers from:
Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)
The school actually asked to use them.
Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)
The school actually asked to use them.
more...
needinfo80
09-11 10:21 AM
Hi Chirupally,
I had similar RFE where USCIS wanted doctor's original signature.
Doctor's filled out a new form (latest version) with all the information from the old form.No test were done again.But they signed the new form with OLD date.
Did your doctor sign the form with new date?
Also,are you including the old original form that you received in sealed envelope with RFE?I am include the ONLY the new sealed envelope that has latest form as the doctor discarded the old form.
I had similar RFE where USCIS wanted doctor's original signature.
Doctor's filled out a new form (latest version) with all the information from the old form.No test were done again.But they signed the new form with OLD date.
Did your doctor sign the form with new date?
Also,are you including the old original form that you received in sealed envelope with RFE?I am include the ONLY the new sealed envelope that has latest form as the doctor discarded the old form.
hot Lizzie Cundy
apatel_17
07-18 06:02 AM
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
please do some research on immigrationportal.com. i recall reading that short visits should not reset the H1B 365 day clock. days of short visits will just not get counted towards the 365 days.
please do some research on immigrationportal.com. i recall reading that short visits should not reset the H1B 365 day clock. days of short visits will just not get counted towards the 365 days.
more...
house Lizzie Cundy Lizzie Cundy and
lrindy
09-19 11:48 AM
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...
If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.
Keep up the good work IV!!!!!!!!!
I have learnt a great deal from this site and will continue, in my own small way, to help the cause.
Cheers,
LRIndy. Crossroads of America!!!
Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...
If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.
Keep up the good work IV!!!!!!!!!
I have learnt a great deal from this site and will continue, in my own small way, to help the cause.
Cheers,
LRIndy. Crossroads of America!!!
tattoo Lizzie Cundy Elen Rives enjoy
rbharol
08-22 12:58 AM
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
more...
pictures Lizzie Cundy Lizzie Cundy at
martinvisalaw
04-02 01:18 PM
As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.
dresses Lizzie Cundy will also act as
HumHongeKamiyab
03-16 12:37 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.
expect an RFE in a month or two. Also fill in your profile to help others...
expect an RFE in a month or two. Also fill in your profile to help others...
more...
makeup Lizzie Cundy and Gavin Henson
wandmaker
06-10 01:39 AM
I heard I-140 premium processing has been restarted. Is it true?
No
No
girlfriend In this photo: Lizzie Cundy
SmSm
05-25 12:53 PM
any one???
hairstyles Lizzie Cundy Lizzie Cundy
mzafar125
08-16 05:09 PM
My wife has a ITN number. Can she use the ITN number to start work and then cut over to the SSN once she gets it. I have heard it may take up to a month to get this processed.
kalyan
11-13 09:29 AM
I would suggest that , fighting against a state will be costly, paying the attorney fees, several rounds of presence.
You can buy good properties rather than fighting state (governments)
You can buy good properties rather than fighting state (governments)
harrydr
08-17 02:04 PM
Please update your profile, only then someone be able to answer your question.
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