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 Has your I-140 been withdrawn by old employer?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 Baby+angel+tattoos+designs
Steven-T
February 12th, 2004, 09:16 AM
With the current 14n at about $3,000, and the upgrade costs $1,500, I guess the price for new Kodak DSLR should around $4,500 street in March, which is about the same as the 1D-II, available in April to the mass public. What will be the price of the 1Ds by then? Hehe . . .
To me, what I like to find out more about this new Kodak machine is:
1. Lenses - How good will be the (old) primes? Or we still need the latest greatest biggest zooms to get good quality image?
2. Raw / Jpeg - As an amateur, must we still shoot Raw, and Jpeg is still far back in quality?
3. Long expsoure - As a landscape lover, how will the babe perform in long exposures up to 1 minute (not in well controlled studio condition)?
I am waiting for more information before making any move. Oh, I love the iso 6 for landscape. You said kodachrome iso 25 ???
Steven
To me, what I like to find out more about this new Kodak machine is:
1. Lenses - How good will be the (old) primes? Or we still need the latest greatest biggest zooms to get good quality image?
2. Raw / Jpeg - As an amateur, must we still shoot Raw, and Jpeg is still far back in quality?
3. Long expsoure - As a landscape lover, how will the babe perform in long exposures up to 1 minute (not in well controlled studio condition)?
I am waiting for more information before making any move. Oh, I love the iso 6 for landscape. You said kodachrome iso 25 ???
Steven
gc1024
07-17 04:53 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
2011 Posted under Angel Baby Tattoo
rajsand
10-05 02:31 PM
Same situation here any ideas?
Guess this should be fine
Guess this should be fine
more...
Vijh1
04-29 11:09 AM
Can we work for Indian company and receive salary get deposited in India for the work. My spouse is in H4 Visa here and recently got the H1B approved. For the new H1B transfer could we show the Indian employer experience while you are physically present in US for last 3 years.
Do we have to give Updated resume every time when we file H1B transfer?
Any help is appreciated.:confused:
Do we have to give Updated resume every time when we file H1B transfer?
Any help is appreciated.:confused:
shreekhand
08-17 02:52 PM
So, the bottom portion of you H1 approval notice (I-797) does not have an I-94 ?
If not, then doing it in Canada for the first H1 can be a big gamble.
If not, then doing it in Canada for the first H1 can be a big gamble.
more...
chanduv23
01-14 02:42 PM
IV can grow into a very strong organization in these lines being discussed. The best way to do it is to join the IVs State chapters and mobilize the community and do meets and greets and conduct seminars and many other constructive stuff
2010 Tattoos Representing Your
sroyc
08-14 08:23 PM
As someone correctly replied, you cannot work on H-4.
In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.
If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).
The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.
Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
In fact you cannot do paid internships or on-campus jobs as well. It's hard to get even unpaid internships on H-4. You don't need permission from USCIS to study on H-4.
If you change to F1, you can do both summer internships (Curriculum Practical Training) and get an EAD for a year after graduation (Optional Practical Training).
The problem with switching to F1 is that it is not a dual-intent visa and if you're applying for AOS, it complicates things. For example, you cannot re-enter on F1 after applying for AOS, you need to use AP, which voids your F1 status.
Another issue is that in states like California, you are eligible for in-state tuition at state universities after a year in CA. This does not apply to F1 students.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
more...
jsb
05-20 07:18 AM
Your mention of 30 miles maximum, I believe, refers to distance to your work place. It is a lot of distance to commute at rush time. Nevertheless, Ferederick County is your best bet, where a small SFH or a good size TH can be found for your price.
BTW, why do you need "Lots of Indians". Don't you want to be part of the main stream if you have decided to live here?
I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
BTW, why do you need "Lots of Indians". Don't you want to be part of the main stream if you have decided to live here?
I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
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dc2007
08-05 06:09 PM
This really helped me. I just did that and find out that I have so many addresses there. As I said initially because of my job status I moved a lot within US..
But I am still confused.
For India I am clear. For the period when I was in India, I will put Indian address
But while I was in US, what addresses should I put in g-325a form - The places where I actually lived or as the addresses I put in my US tax returns ?
I have no problem in providing all US addresses, but that contradicts with my addresses in US Tax returns.
If USCIS will do background check, are they more concerned about
(a) That addresses in my tax return should match with my residence addresses in g-325a form ?
OR
(c) They are more inclined towards that addresses should match with the actual addresses where I lived ?
from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.
By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.
But I am still confused.
For India I am clear. For the period when I was in India, I will put Indian address
But while I was in US, what addresses should I put in g-325a form - The places where I actually lived or as the addresses I put in my US tax returns ?
I have no problem in providing all US addresses, but that contradicts with my addresses in US Tax returns.
If USCIS will do background check, are they more concerned about
(a) That addresses in my tax return should match with my residence addresses in g-325a form ?
OR
(c) They are more inclined towards that addresses should match with the actual addresses where I lived ?
from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.
By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.
more...
chintu25
07-26 12:52 PM
There is NO such information on ........Please give the name and id of the person u are referring to on Track itt
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priderock
06-15 12:49 PM
How about an option, I just got in to US and taking advantage of this situation by buying an approved LC for substitution ? Doubt any one would tell even if they are doing it :)
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house Angel Baby Tattoos.
ekkatip
10-15 12:25 PM
SR --> Service request
tattoo angel baby tattoos. Baby Angel Tattoos; Baby Angel Tattoos
Macaca
07-09 10:02 AM
I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue.
The host then talked to a Congress man (i think it was Tom Tancredo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience".
Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
The pole (like us) is in the country. US will not stop bringining in immigrants by not allowing her to submit her AOS application. By not allowing her to submit her AOS, US is ONLY delaying her GC.
The host then talked to a Congress man (i think it was Tom Tancredo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience".
Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
The pole (like us) is in the country. US will not stop bringining in immigrants by not allowing her to submit her AOS application. By not allowing her to submit her AOS, US is ONLY delaying her GC.
more...
pictures Male Angel Tattoo Ideas Men
Green.Tech
08-20 10:08 AM
No. I changed to a different company with same position.
It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.
It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.
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bimboywade
11-13 10:04 AM
No more "status changes" e.g. f1->h1, L1->h1,even h4->h1 is allowed. Only Extensions are allowed in Mexico..
The USCIS site clearly states :
Who Can Apply in Mexico
* Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.
Also Note(in blue font):
Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.
I'd rather prefer Canada for stamping(if these rules dont apply there) .
The USCIS site clearly states :
Who Can Apply in Mexico
* Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.
Also Note(in blue font):
Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.
I'd rather prefer Canada for stamping(if these rules dont apply there) .
more...
makeup angel holding aby tattoo. A beautiful angel snuggling my
shukla77
01-19 09:01 AM
Filing Date: October 25 '06
Status Pending
--------------------------
Efficiency of NSC is real shame. I heard sometime back that NSC has huge backlog compared to TSC. That is why TSC cases are getting approved in 1-2months and at NSC average time is 5-6 months. I guess they are forcing people to convert to PP.
Good Luck to all.
Status Pending
--------------------------
Efficiency of NSC is real shame. I heard sometime back that NSC has huge backlog compared to TSC. That is why TSC cases are getting approved in 1-2months and at NSC average time is 5-6 months. I guess they are forcing people to convert to PP.
Good Luck to all.
girlfriend I have 1 child amp; 1 angel baby
EndlessWait
01-17 12:51 PM
what's happening these days..they are so slow..they take almost an year to process. By the time you get ur H1, you've to file the next..and so on on..
:mad:
:mad:
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lostinbeta
11-02 05:01 PM
me2 is good. I can't come up with a good grunge image to save my life....haha, which is weird because grunge is about as unstructured as possible.
hmo
07-18 09:40 AM
my situation is similar to JunRN's. My RN position is with Union Contact. I got Prevailing Wage Survey in early July. By law I can only file I140 at least 30 days after sending the Union a copy of the petition, i.e., in earyly August. I also have similar concern that my PD will be in August.:mad:
GCMangataHai
10-21 05:24 AM
PSAM,
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
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