LookingForGC
02-01 06:53 PM
Give all your account access to your wife, then she feels that is secure :)
You got good options already posted here from some of our buddies.
You got good options already posted here from some of our buddies.
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rahul2699
05-16 08:22 AM
May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.
There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.
There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.
panini
03-16 01:35 PM
Anybody??? Please help !!!!
2011 Wallpaper Paisajes Naturales
AttelsActuasy
02-27 11:53 AM
pozycjonowanie (http://www.clpik-studio.com)
more...
irrational
06-19 05:52 PM
Folks,
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
anilsal
08-03 12:49 AM
Very well said. We need legislation and for that to happen, grass roots efforts from IV to end this retrogression.
Now get back to becoming a contributing member plus supporting IV efforts by opening/joining your state chapter and meeting local law makers.
Now get back to becoming a contributing member plus supporting IV efforts by opening/joining your state chapter and meeting local law makers.
more...
somegchuh
09-22 04:39 PM
Is it possible to include "allow filing 485" if labor has been pending for 2+ years?
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
2010 paisajes naturales hermosos. y paisajes naturales; y paisajes naturales
garfield
10-07 02:19 PM
When can one add a spouse to the I-485 application, and until when can a spouse be added before getting the Green Card?
My 485 is pending, have the EAD card, and the I-140 is approved. My priority date is not current... anyone knows?
My 485 is pending, have the EAD card, and the I-140 is approved. My priority date is not current... anyone knows?
more...
Rb_newsletter
09-21 06:31 PM
My previous employer got to know about this and sued me for stupid and fake charges.
What was the fake charges?
In which state you and your employer were then?
What was the fake charges?
In which state you and your employer were then?
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jasmin45
10-03 02:24 PM
Greetings,
Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.
Below is the summary FYI only.
1. Expect further retrogressions on the visa bulletins
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July
3. Do not expect premium processing to be re-instated for I-140s for a while
4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.
5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not
6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
8. Backlog Elimination Centers (BEC) should be up to date in one month
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
10. 20% of PERM cases are being denied
11. Atlanta’s motions for reconsiderations should be processed faster soon
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
17. The US consulates and CBP are Googling you!
Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.
Below is the summary FYI only.
1. Expect further retrogressions on the visa bulletins
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July
3. Do not expect premium processing to be re-instated for I-140s for a while
4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.
5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not
6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
8. Backlog Elimination Centers (BEC) should be up to date in one month
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
10. 20% of PERM cases are being denied
11. Atlanta’s motions for reconsiderations should be processed faster soon
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
17. The US consulates and CBP are Googling you!
more...
pani_6
01-21 04:39 PM
:)Action now
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fromnaija
12-08 04:52 PM
I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.
AP could be mailed but the applicant MUST be in the USA at the time of application.
AP could be mailed but the applicant MUST be in the USA at the time of application.
more...
house Hermosos paisajes naturales de
pbuckeye
06-25 08:02 AM
Hi Gurus / Attorneys,
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
Can you try to get the MSA/SOW/PO between the client and vendor for the MTR (or client and your employer)? Sometimes the SOW reads almost like a client letter (with name, job duties, client supervisor name, signed by IT and legal department at client site).
Another option could be to get an email from the client stating that they cannot provide a letter because of company policy AND/OR get a letter from the vendor stating the same and provide the contact information of the supervisor at client location.
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
Can you try to get the MSA/SOW/PO between the client and vendor for the MTR (or client and your employer)? Sometimes the SOW reads almost like a client letter (with name, job duties, client supervisor name, signed by IT and legal department at client site).
Another option could be to get an email from the client stating that they cannot provide a letter because of company policy AND/OR get a letter from the vendor stating the same and provide the contact information of the supervisor at client location.
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gchopefull
10-02 04:14 PM
at TSC
more...
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girishvar
08-15 12:20 PM
There should be a good faith job offer from your GC employer as of today. You can decide not to join the job after your I-485 filing and 180 days there after.
Hi,
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
Hi,
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
dresses paisajes naturales para
lazycis
12-21 01:31 PM
Here is a shortened version:
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
more...
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Mohit_Malkani
10-08 11:13 AM
Sorry to hear about your situation.
Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.
I have also pasted it here in case you dont get to the website
All the best.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.
I have also pasted it here in case you dont get to the website
All the best.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
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xu1
08-08 09:56 PM
...of meaningless "predictions."
:).. Just like I tune to Bloomberg radio everyday, listening to all those economists, money managers, bond traders pondering how every other month the Fed makes its move on the interest rate... I'm sick and tired of them predicting what's about to happen must happen by the rule of economics. But I tune in nonetheless every day when I drive to work.:D
It's probably fun, and meaningless.
:).. Just like I tune to Bloomberg radio everyday, listening to all those economists, money managers, bond traders pondering how every other month the Fed makes its move on the interest rate... I'm sick and tired of them predicting what's about to happen must happen by the rule of economics. But I tune in nonetheless every day when I drive to work.:D
It's probably fun, and meaningless.
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ronnie0479
08-15 11:54 PM
Hi -
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
what has indian immigration officer to do with AP and US immagration.....
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
what has indian immigration officer to do with AP and US immagration.....
black_logs
05-01 01:20 PM
You can't get an apointment for June, until you can prove you have an emergency. Also you should make your appointment at the post according to the permanent address on your passport.
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
ilikekilo
04-13 10:10 AM
For me I never got a any communication directly from USCIS for the RFE.
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
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