nogc12
08-03 06:08 PM
I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.
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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 Has your I-140 been withdrawn by old employer?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.
485Question
08-31 12:34 PM
It's all depends on how you maintain the relationship with your company. Offcourse they are into business and they will make sure if they are making money on you as well.
I would agree not to continue this topic here.
I would agree not to continue this topic here.
2011 Amar#39;e Stoudemire Just Doesn#39;t
Widget
01-10 07:01 PM
I think we have better chance this time, I noticed that numbersusa.com is referring to this bill as it is only for EB cases and not for CIR or SKIL. Thnaks for the updates.
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
more...
srk49
12-26 01:11 PM
Hi,
I am a new member based in CT. I am glad I attended the december 25th meeting at Stamford, CT. Himanshu presided over the meeting and gave us lot of new information about what's going on in the immigration world and how Immigration Voice is helping out.
I think instead of fighting our battle alone if we come together and voice our problems there is a better likelihood of a positive outcome. Immigration voice can help us channelize our efforts and get the necessary immigration status.
I don't want to wait half my life getting my green card. Life is short and there is no guarantee about anything but I urge everyone affected to join this movement. We are in a capitalistic country and nothing ever happens without necessary funds so I urge you to please donate generously. If you never buy a lottery you can never win it . It's a bad analogy but I hope you get the point :)
I am a new member based in CT. I am glad I attended the december 25th meeting at Stamford, CT. Himanshu presided over the meeting and gave us lot of new information about what's going on in the immigration world and how Immigration Voice is helping out.
I think instead of fighting our battle alone if we come together and voice our problems there is a better likelihood of a positive outcome. Immigration voice can help us channelize our efforts and get the necessary immigration status.
I don't want to wait half my life getting my green card. Life is short and there is no guarantee about anything but I urge everyone affected to join this movement. We are in a capitalistic country and nothing ever happens without necessary funds so I urge you to please donate generously. If you never buy a lottery you can never win it . It's a bad analogy but I hope you get the point :)
CRAZYMONK
09-24 02:37 PM
I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
Got RFE for both of us.
Could be. Nice Find.
There you are. I am pretty sure that the reason for your RFE is your travel.
Every thing should be fine if you just send your medicals again.
Any way all the best.
Got RFE for both of us.
Could be. Nice Find.
There you are. I am pretty sure that the reason for your RFE is your travel.
Every thing should be fine if you just send your medicals again.
Any way all the best.
more...
arunmohan
12-17 01:01 AM
My first FP was done in July 2007. I have not yet received second FP notice. Normally USCIS sends second FP notice after 15 months. Is someone else like me?
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vivache
11-08 01:27 AM
Hey Gurus. Any answers :)
more...
pnara2
01-03 09:20 PM
Just think that you read a joke!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
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satish_hello
08-13 11:28 PM
Hi all,
My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.
I am seeing people are getting filed on july2nd.
I will update once my check cashed, pls. kep the updates.
-satish
-----------------------------------
EB2
PD - sept'2004
I-140 -approved on Jan'2007.
I-485 - sent July5th NSC.
RD - ?
ND- ?
AD - ?
My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.
I am seeing people are getting filed on july2nd.
I will update once my check cashed, pls. kep the updates.
-satish
-----------------------------------
EB2
PD - sept'2004
I-140 -approved on Jan'2007.
I-485 - sent July5th NSC.
RD - ?
ND- ?
AD - ?
more...
lc2004
08-04 11:13 AM
How about some green dots guys for sharing such a inspirational story...
sunny..
how do u give a grren dot to someone??..i like ur story..
sunny..
how do u give a grren dot to someone??..i like ur story..
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fall1998
05-13 04:17 PM
Thanks! It seems only a small portion of applicants who are current are pending (only a handful have updated), so it looks like USCIS is working really hard.
more...
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CADude
07-26 05:39 PM
TSC did hard work in last 3 weeks of June to exhaust the visa#. Did 9 months of work(66K approval) in just 3 weeks(60K approval)? Now they are in USCIS paid vacation for whole summer for good work. :) They will back on Oct and issue the receipt notice for july filers. now they know their potential :D so have patience. :cool:
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
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smisachu
09-12 05:00 PM
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
Come to DC or we will send "Churi Chikkanna" after you...LOL
Come to DC or we will send "Churi Chikkanna" after you...LOL
more...
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CRAZYMONK
10-29 08:35 AM
I think the bag flag against your employer triggered the query. There is not much you can do except providing all the documents they asked for.
It is totally their discretion to give you visa or not. Keep your fingers crossed.
All the best.
It is totally their discretion to give you visa or not. Keep your fingers crossed.
All the best.
dresses Amar#39;e Stoudemire Just Doesn#39;t
buddyinsd
01-04 12:46 PM
LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL
more...
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dextro_a
08-11 11:51 AM
Out of the ones which are posted above, I used ECE recently for MBA admissions. They do not require attested copies from University. You need to fax your marksheets to them and pay the fees (I think $135). They may ask for original if fax is not clear, which was the case in my evaluation. I did not opted for Rush service and got the evaluation sent back to me in 4 weeks.
Address from above post:
Educational Credential Evaluators, Inc.
PO Box 514070
Milwaukee, WI 53203-3470
Phone (414) 289-3400
Fax (414) 289-3411
email: eval@ece.org
Website: www.ece.org
Address from above post:
Educational Credential Evaluators, Inc.
PO Box 514070
Milwaukee, WI 53203-3470
Phone (414) 289-3400
Fax (414) 289-3411
email: eval@ece.org
Website: www.ece.org
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Jaime
09-12 10:50 AM
Putting a Face to the U.S. Reverse Brain Drain
Real Life Cases
Ranga
Ranga just finished his MBA degree from a top-10 U.S. university and is currently working on his Optional Practical Training (OPT) visa that comes as part of his student visa “package” and which allows him to work in the U.S for a year after graduation. In the past, OPT students would then pursue a longer-lasting H1-B visa and then move on to pursue legal permanent residence (LPR) through an immigrant visa or “Green Card”. No such plans in Ranga’s ambitious future. With a 3.9 GPA an outstanding resume, top industry contacts and patents in his name, Ranga plans to go back to his native Bangalore and start his own company “where the real opportunities are”. Ranga makes his point verbatim “When you have to be treated like a criminal just for applying for a driver’s license and have to wait for a decade to get a visa, there is something funtamentally wrong with this syetm, and I don’t have the time or desire to wait and find out what that is”
Ranga’s employer doesn’t know yet that he’s leaving the U.S. next year, and they have made him a substantial permanent offer, which Ranga is just not interested in.
Real Life Cases
Ranga
Ranga just finished his MBA degree from a top-10 U.S. university and is currently working on his Optional Practical Training (OPT) visa that comes as part of his student visa “package” and which allows him to work in the U.S for a year after graduation. In the past, OPT students would then pursue a longer-lasting H1-B visa and then move on to pursue legal permanent residence (LPR) through an immigrant visa or “Green Card”. No such plans in Ranga’s ambitious future. With a 3.9 GPA an outstanding resume, top industry contacts and patents in his name, Ranga plans to go back to his native Bangalore and start his own company “where the real opportunities are”. Ranga makes his point verbatim “When you have to be treated like a criminal just for applying for a driver’s license and have to wait for a decade to get a visa, there is something funtamentally wrong with this syetm, and I don’t have the time or desire to wait and find out what that is”
Ranga’s employer doesn’t know yet that he’s leaving the U.S. next year, and they have made him a substantial permanent offer, which Ranga is just not interested in.
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gc_kosam
06-02 03:36 PM
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
Thanks for your response.
Guru's any other thoughts (particularly on question 2 and other questions)
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
Thanks for your response.
Guru's any other thoughts (particularly on question 2 and other questions)
bestia
11-10 03:56 PM
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
lazycis
12-05 04:27 PM
AILF is a non-profit organization. You are probably right regarding AILA :)
