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 Has your I-140 been withdrawn by old employer?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 dark londe hair color shades.
ItIsNotFunny
09-22 04:31 PM
Some loser gave me red with the following message.
Don't keep posting same message.
Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.
Ignore them. Someone gave me red with following comment:
"not funny but silly "
These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.
Don't keep posting same message.
Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.
Ignore them. Someone gave me red with following comment:
"not funny but silly "
These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.
mohican
02-14 04:36 PM
How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
2011 londe hair dye colors.
fromnaija
06-23 02:05 AM
Reading the SOP on I-485 processing, I found that the application is stamped with the receipt date in the mail room. When the package is eventually opened the receipt date is compared with the visa bulletin as of that receipt date and if PD is not current the application is rejected.
Yeah, its not worth the risk. Just curious about how this timeline works though.
Yeah, its not worth the risk. Just curious about how this timeline works though.
more...
RNGC
04-25 05:36 PM
This is my second renewal, first time did it online it was smooth! This time the online process seemed little different, they were asking for few info at a time and we got to click the continue button...I was just doing fine and was waiting that at some point it would show the complete application for me to review, but I got to the last page and said something like "Submit" or "Finish" and I did ...everything was ok got the confirmation....OOPS, left the date of last arrival blank! Had put the Port of arrival correct, but left the date blank!
How is this going to affect my EAD, anyone had similar experience ? In the confirmation, it had instructions that I will get notice for finger printing appt and other documents to be sent.
Really pissed off! Very bad mood today!
Can't the system check for missing information! Even mom & pop online services check for all information before accepting! Anyways, no excuse for me , I should have been careful!
Anyone who got a RFE for missing to information and how long it took after responding to the RFE, Please share your experiences!
How is this going to affect my EAD, anyone had similar experience ? In the confirmation, it had instructions that I will get notice for finger printing appt and other documents to be sent.
Really pissed off! Very bad mood today!
Can't the system check for missing information! Even mom & pop online services check for all information before accepting! Anyways, no excuse for me , I should have been careful!
Anyone who got a RFE for missing to information and how long it took after responding to the RFE, Please share your experiences!
diptam
08-14 02:04 PM
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
i am 7:55 NSC r williams too... no receipt yet :(
Poor fellow - Polls got created in his name :rolleyes:
i am 7:55 NSC r williams too... no receipt yet :(
more...
gc4me
07-17 01:44 PM
They tell this to everybody. A very common answer. They told me so, so to my 2 other friends but in either cases, no GC was approved inspite of our PDs were current. And later it turned out that my name check is pending (don't know what is 180 rule mean) when I took Infopass.
So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
And some CS even referring my I-485 application as I-40 :-( repeatedly.
They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
And some CS even referring my I-485 application as I-40 :-( repeatedly.
They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
2010 Dark Blonde Hair Color Chart
bkarnik
12-06 09:45 AM
Irrespective of what your notice says, it is very likely that your case has still actually not been transferred to NSC and is still in the CSC. I know because this is what has happened in my case. Just like yours, both mine and my spouse's applications were transferred to the CSC for data entry. Then we got notices saying our cases have been sent back to NSC. But apparently, only the 485 applications were supposedly sent back. The CSC issued EADs and APs for both of us.
IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.
Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...
So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.
Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...
So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
more...
EndlessWait
01-23 01:26 PM
Still waiting.. there processing time says July still.
hair londe at home Can You Dye
freedom2007
10-22 04:26 PM
Yup completely agree with Frostrated..
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
more...
mabuhay
12-29 09:03 PM
My friend and I, filed our respective H1B extension in June 2007. We were both expecting only a 1-year extension since our I-140s have been pending at Nebraska SC since December 2006. He received his H1B extension approval (3 years) in October and I received mine first week of December. Despite both I-140s pending, we both got 3-year extension! We are both very happy because the ;)approval saved us a lot of money. Both of us filed I-485 in July.
hot dark londe hair color shades. dark londe hair colour ideas.
lost_in_migration
05-14 05:14 PM
Yeah even I think filing fees could be an important aspect
Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
more...
house dark londe hair color shades.
immigration
03-11 12:11 PM
Hey! I am a practising dentist and I am on H1B.
Q: Does she need a dental license to apply for H1 ?
Ans:Yes a dental license is required for applying for a dentist position
Q: She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
Ans: Qualification is a very broad term. A dental degree doesnot make one eligible for a license. There are other important requirements for a license like National dental Boards, a clinical exam, jurisprudence exam of the state.
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
Q: Does she need a dental license to apply for H1 ?
Ans:Yes a dental license is required for applying for a dentist position
Q: She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
Ans: Qualification is a very broad term. A dental degree doesnot make one eligible for a license. There are other important requirements for a license like National dental Boards, a clinical exam, jurisprudence exam of the state.
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
tattoo dark londe hair color shades.
guesswho
10-09 10:59 PM
I am planning for my visa in Jan at Mumbai consulate. I do not have any relatives in either mumbai/pune who can submit my documents 3 days before the appointment.
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
more...
pictures londe hair colors. londe hair
sorcerer666
08-22 11:23 AM
I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.
dresses dark londe hair color shades. Hair Color Ideas For Dark
SAPGURU
01-04 09:09 AM
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
more...
makeup dark londe hair color shades. londe hair colours shades.
coolwiz26
07-03 12:59 AM
I will sue them too. They need to be punished for what they have done. pls tell me the procedure and I will do it.
-C
-C
girlfriend shades of londe hair colour
LostInGCProcess
09-01 09:03 PM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
hairstyles Hair Colors Pictures londe
prince_waiting
10-26 11:44 AM
Get images of checks cashed by USCIS, your receipt numbers are stamped on the back side of the checks. Use these RNs to call up USCIS and change your address.
Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.
Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.
Can2004
10-08 08:26 PM
H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.
Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.
shri22
11-12 04:18 PM
Can you please tell me, when was this announced? Is this a new rule ?
I think people converting from F1 to H1 go to mexico.
I think people converting from F1 to H1 go to mexico.
No comments:
Post a Comment