gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
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.
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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chanduv23
03-15 06:26 PM
Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.
I was offered one when i was in that situation way back in 99.
Its as per law. But in practice, we do not see it happening much. maybe I am not aware. Anyway getting a flight ticket back to home country is not an issue for a great discussion :)
I was offered one when i was in that situation way back in 99.
Its as per law. But in practice, we do not see it happening much. maybe I am not aware. Anyway getting a flight ticket back to home country is not an issue for a great discussion :)
GCKaMaara
12-03 02:19 PM
Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
__________________
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
__________________
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India76
09-17 01:20 PM
Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
more...
ak_manu
10-19 08:20 PM
Thx for response.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
unbreakable
03-17 09:45 AM
All,
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
more...
jayleno
08-13 10:32 AM
What happens if everyone opens a thread for each goldmedal?...
Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
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knowDOL
08-15 10:52 AM
I have one advice for you in this retrogression arena. I do not advice you to convert your BEC EB3 to PERM but just wait for it to get approved in EB3. At the same time file PERM application for a different job in EB2 in the same company or a different company it does not matter and get its I140 approved. Once BEC is approved apply for I-140 for that too and then you can port the date of EB3 to EB2 and apply for I485 which will fetch you GC faster. Good Luck.
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
more...
pan123
10-25 02:39 PM
Guys,
I need urgent answer on this question. Does anybody know how long it's taking for I-140 premium processing? I believe my I-140 will be processed from Nebraska service center.
Thanks,
I need urgent answer on this question. Does anybody know how long it's taking for I-140 premium processing? I believe my I-140 will be processed from Nebraska service center.
Thanks,
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validIV
03-31 03:35 PM
I am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?
Atish.
You need your job just in case of an RFE. You can work on EAD on the side.
Atish.
You need your job just in case of an RFE. You can work on EAD on the side.
more...
Jeff Wheeler
06-21 04:13 PM
all the images are broken, does anybody still have them?
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India_USA
07-07 09:14 AM
The United States needs a human capital policy that emphasizes skilled immigration and halts unskilled immigration. It needed that policy 15 years ago, but it's not too late to start now.
and yet, here we are!! stuck in gc process, with uncertain future, always contemplating the next step......
and yet, here we are!! stuck in gc process, with uncertain future, always contemplating the next step......
more...
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anuh1
03-25 03:02 PM
You need to go before filing labor in order to be eligible for one year extension.
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puskeygadha
06-02 09:03 PM
I am a client of fragemonon and what does it mean now
my case was audited on may 21. They were saying there are 10,000
cases they filed and all are audited. What is supervised recruitment
?????
are we doomed?
my case was audited on may 21. They were saying there are 10,000
cases they filed and all are audited. What is supervised recruitment
?????
are we doomed?
more...
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sertasheep
08-03 09:43 PM
Bump ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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loudobbs
09-25 12:12 PM
for NOT answering my question!! :mad:
Mr LouDobbs!!
What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything
EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19
Mr LouDobbs!!
What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything
EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19
more...
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eb3_nepa
10-06 03:46 PM
If your I-485 EAD comes through you have to use that and not the F1 EAD.
Where did you get this information from? Can you please show a source?
Where did you get this information from? Can you please show a source?
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thakkarbhav
08-20 09:10 AM
No. Never heard about this type of situation. Can you call customer service center to find out what is going on. Also you are current so something should come on your way....
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gchopes
04-04 01:12 PM
Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?
pt326bc
06-15 05:12 PM
200,000 PERM cases since March 05 when PERM went into effect, means that if we assume around 3000 cases to be adjudicated every year (6000 EB2 and EB3 visa numbers with a factor of 2 for dependents); this will take how many years to get a green card if you have a PD of June 1 2007???????
67 years!!!!!!!
67 years!!!!!!!
ps57002
10-16 05:11 PM
bumping to see if anyone has updates on similar cases...