Thursday, June 9, 2011

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  • cdeneo
    09-21 06:24 PM
    The text provided on the link below has the following section:
    ================
    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.

    ==========================================

    Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?

    Can someone please clarify? Thanks!

    Look at this document. This should answer lot of questions regarding AC21

    http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks
    Karthik





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  • meridiani.planum
    08-09 05:45 PM
    Just A thought.

    It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.

    So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.

    then why is'nt NSC approving 2006 cases at the rate at which TSC is?
    Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.





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  • SSSarkar
    06-25 11:42 AM
    My company is paying all the cost except medical exam and photos.





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  • makemygc
    06-14 11:21 AM
    Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.

    As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.

    Has someone done this earlier??..



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  • ganesha
    09-04 01:32 PM
    I received CPO email's for me and my son. My wife's online status is unchanged (no emails yet...). We have not received the Welcome email yet....


    Folks;

    I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.

    Here is the content:

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Also I as the primary applicant only received the mail...my wife's status is still unchanged...

    Best,

    SoP





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  • shana04
    07-30 01:37 AM
    Thanks a lot for sharing good info.



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  • eb_retrogession
    03-22 11:21 AM
    The webfaxes are effective! I just got off the phone with Senator Chambliss' immigration department. The person I spoke with (can't remember his name) mentioned the usual spiel: They were working on increasing the H1-B cap. They didn't seem aware of the retrogression issues. I clarified the problems we are facing and how they shouldn't be combined with illegal immigration and H1-b issues. He mentioned that the senate (with Senator Chambliss' help) passed legislation a couple of months ago to recapture visa numbers and was waiting for the House to pass the same measure. Is that true? In any case, our message is reaching the corridors of power. Good job guys!

    If my memory serves me right, I think Chambliss was a part of the conference committee for S1932. I would be very surprised if his staff didn't know that these provisions were taken off from that bill.

    prabir, try to follow up with this gentleman and see if he can give you a chance to talk f2f





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  • s416504
    02-03 09:34 AM
    I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
    I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
    I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.

    I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?


    I-140 Reciept : No A Number
    I-140 Approvel Number 1
    I-485 Reciept : Number 2

    EAD/FP/AP : Number 2


    I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140

    Is this anything I need to be concerned about ? Appreciate your suggestions



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  • CRAZYMONK
    04-07 11:49 AM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    Which state you are in?





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  • lc03
    06-08 11:48 AM
    hi,

    Even we received RFE's for I 131 regarding submitting 2 passport size photos which we had already sent. Can you tell me which address did you send the pictures? Appreciate all thye help.



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  • pappu
    10-19 02:22 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,

    Check for past updates on the EAD delays thread. IV had contacted USCIS on EAD delays faced by our members.
    Some new updates are also posted for donor members only.





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  • tikka
    05-31 11:09 PM
    we need 150 more faxes to reach 5,000

    can some of you please chip in??

    thank you



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  • Rockford
    07-16 12:39 PM
    I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?

    Thanks

    Can you share your PD and when did you file I485 ?





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  • go_guy123
    02-15 01:20 PM
    If each state in India were a country

    There would have been no backlog.

    That is hypothetical thinking, talking from a** etc and a waste of time but yes ROW backlog would have increased instead.



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  • unknown123
    11-09 12:01 PM
    What is your PD?

    Good luck
    Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.

    Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm

    You need a real good lawyer.

    All the best





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  • thesparky007
    05-17 09:14 PM
    That looks really nice sparky!thanks
    and vanakkam btw
    hehe i watch a lot of tamil movies



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  • gc_maine2
    07-27 10:43 AM
    Since i have left it blank and realized later, i called my lawyer and found out that its not a problem we can leave it blank. Hope she is correct.

    Thanks





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  • darshan1226
    02-12 10:25 PM
    Hello all,

    Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

    Thanks





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  • Jyothi
    01-25 09:57 AM
    I support this.. Please draft the letter





    abhijitp
    01-27 03:47 AM
    FYI, I have been in the queue for 6.5 years now. I did write the letter.

    Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.

    If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
    1) a miracle like June 2007 happens
    OR
    2) the EB GC process is revamped, which is what IV is trying to make happen!





    munnu77
    07-17 04:14 PM
    My friend applied for PERM on April 1st and got approved yesterday.
    Just wanted to let the people know who have their perm pending, so they can calculate processing dates.

    thank you



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