baburob2
05-30 08:16 PM
make sure you do the transfer to H1B to Company B before Company A revokes the I-140 to be on the safer side and get the 3 year extension. Then you could transfer the old PD on to your new GC you start with company B.
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jpreston
October 25th, 2005, 05:06 PM
Any idea when you all might want to do this? I might be able to join you for a weekend of shooting.
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 Has your I-140 been withdrawn by old employer?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.
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cheg
09-26 02:39 PM
Congratulations!!! Yes, GC still sucks so good luck to us all! :D
more...
vempati
09-12 05:53 PM
Submitted on July 2 nd received by R. Mickels and case transfer to TSC.
EB 2 PD Nov 2005
I140 Approved May 2006
EAD : Cards mailed on Sept 5th and Approved on Sept 10th
FP Sept 24th
EB 2 PD Nov 2005
I140 Approved May 2006
EAD : Cards mailed on Sept 5th and Approved on Sept 10th
FP Sept 24th
chee
11-01 11:13 AM
There was a change in the LUD for my AP...Stus say its been mailed out for me and my spouse
more...
virald
08-05 02:44 PM
Filed 485 in vermont service center
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
Here you go --
1
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay.
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brahmam
05-30 04:35 PM
Gotta clear backlog Ma' :D
information retrogression :rolleyes:
information retrogression :rolleyes:
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wandmaker
10-30 12:19 PM
I heard walk-in is the best way to advance. ASC can accommodate, if they have low volume for the day
Is FP Prepone possible
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
Is FP Prepone possible
If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.
If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.
Thanks
Govardhan
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mayurcreation
08-29 02:26 PM
As mentioned this is going to be very important and historical rally. All participant should know what to speak and how to speak in front of media, news channel, reporters, etc... This rally is not a fun activity or a joke.
Media, News Channel, Reporters, etc.. must be invited on the day of event.
Good Luck:)
Media, News Channel, Reporters, etc.. must be invited on the day of event.
Good Luck:)
more...
like_watching_paint_dry
07-13 09:56 PM
Regardless of the nature of the outcome from USCIS, I think we should all take 5-10 minutes out of our busy lives and all the "predicting" and dash off a quick note of thanks to Congresswoman Lofgren for taking our cause to heart and using her position to ask the right questions that has led USCIS to consider some action to alleviate the pain they caused us by creating this mess. I figured we could show our appreciation for what she did to help us out.
Just a thought.....
Just a thought.....
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ita
09-22 04:19 PM
Thank you.
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tigerlibra
09-28 04:31 PM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
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maximus777
05-28 02:44 PM
Are USCIS related expenses like visa/lawyer fees etc. tax deductible? :confused:
more...
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hsingh82
04-15 03:47 PM
I own house too. My immediate goal would be to get my PERM and I-140 approved and with the help of approved I-140 get a 3 years extension so that i can stay and enjoy my new house for few more years. By the way i was in this queue in Mar06(my first perm) and Jun 07(My second perm) and now again in April 09. I am building my patience every year :D
Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.
Good luck!!
Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.
Good luck!!
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Geni
05-30 09:43 PM
Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
more...
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MerciesOfInjustices
03-06 08:32 PM
All,
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
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go_guy123
02-23 10:57 AM
Hi
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.
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eb2dec2005
02-24 03:01 PM
I did not see any updates on my I140 but just the update on my already approved H1b case.
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
garybanz
10-23 06:17 PM
I'll be in a conference in SFO and can't make it to diwali mela myself, but I'll like to sponsor an Immigration Voice TX t-shirt to who ever donates maximum time to the IV booth*.
I'll let Needhelp decide who the winner is.
* Restrictions apply, core team not eligible
I'll let Needhelp decide who the winner is.
* Restrictions apply, core team not eligible
ken
04-09 12:29 PM
Guru's let me know your thoughts on this..
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