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 Has your I-140 been withdrawn by old employer?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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rsrikant
11-02 11:37 AM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
bigboy007
05-30 11:11 AM
I think then they go for a conference and agree upon a common point if not nothing is passed
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aat0995
08-01 04:59 PM
Hi Guys (and gals)
My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!
My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!
more...
gc_relief
04-27 02:22 PM
Hi Gurus
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
LostInGCProcess
09-01 09:03 PM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
more...
vallabhu
10-24 12:50 PM
Talk to a lawyer I think if you have approved GC you dont to wait for Priority date You have to add her within 6 months.
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kcindian
08-03 11:11 PM
I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.
more...
egoldy
01-30 04:50 AM
<3 AS3 Random Circle with Blend Mode by egoldy
lava lamp style FTW! :stare:
Thank you very much. :)
lava lamp style FTW! :stare:
Thank you very much. :)
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lotus26
09-01 02:28 PM
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
more...
chehuan
01-18 03:17 PM
do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial
I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing
I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing
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jvordar
04-07 05:48 PM
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
more...
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drak70
10-01 11:05 AM
USCIS treats g-28 form so seriously that always requires it in original. In the form is a column
=======
PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
NATURALIZATION SERVICE SYSTEM OF RECORDS:
(Name of Attorney or Representative)
THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
=======
Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you
I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS
I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS
============not a legal advice===========
=======
PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
NATURALIZATION SERVICE SYSTEM OF RECORDS:
(Name of Attorney or Representative)
THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
=======
Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you
I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS
I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS
============not a legal advice===========
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tammman
10-06 09:34 PM
I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.
more...
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nb_des
08-04 02:33 PM
Looks like they got some award
http://www.exceedcorporation.com/news.htm
http://www.exceedcorporation.com/news.htm
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mangelschots
05-02 09:02 PM
Senator Obama has filed the "Citizenship Promotion Act 2007" which
tries to alleviate this process and mandate the FBI to perform this in
a reasonable timeframe without limiting US Security.
following is an exceprt of this.
"...Act to limit the timeframe of the FBI name check and background
check. We ask of the honorable members of the Congress and Senate to
approve Senator Obama's Act in its entirety and facilitate the
feasibility of it. As the security of this country is considered a
priority, it is important that the adequate budget and resources are
devoted to the security checks ..."
This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:
http://www.petitiononline.com/nc082505/petition.html
tries to alleviate this process and mandate the FBI to perform this in
a reasonable timeframe without limiting US Security.
following is an exceprt of this.
"...Act to limit the timeframe of the FBI name check and background
check. We ask of the honorable members of the Congress and Senate to
approve Senator Obama's Act in its entirety and facilitate the
feasibility of it. As the security of this country is considered a
priority, it is important that the adequate budget and resources are
devoted to the security checks ..."
This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:
http://www.petitiononline.com/nc082505/petition.html
more...
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mayhemt
06-02 06:42 PM
Shouldnt the title include petitions filed by one particular law firm:
'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
(its a little misleading & intimidating to know 'ALL' applications)
'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
(its a little misleading & intimidating to know 'ALL' applications)
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Lasantha
04-11 02:24 PM
I called once after my PD became current this month, that was last Wednesday (9th). The IO that I spoke to would not give me any information. All she said was "You will hear from us within next 60 days". So I guess it all depends on the IO that you speak to. As for LUDs, I did not get any since my FP.
As for Cross Chargeabilty, I saw a post on a successfull case only yesterday on IV forums. So it actually works. Hope you hear some good news soon.
BTW how did you request CIS to use your spouce's country of birth? Did you send then a letter requesting it? How about requesting an INFOPASS to get their attention?
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
As for Cross Chargeabilty, I saw a post on a successfull case only yesterday on IV forums. So it actually works. Hope you hear some good news soon.
BTW how did you request CIS to use your spouce's country of birth? Did you send then a letter requesting it? How about requesting an INFOPASS to get their attention?
LASANTHE,
I know you are a very active member of this community and I have been following your posts for a while. Congrats on the GC!! Did you call them -TSC to remind them to process your application as your dates recently became current?
I got married this year to a person from ROW category. As such, my dates are current and I applied 485 for my wife and also asked my application to be considered in ROW. No LUDs on my case so far :(.. I have gotten receipts for my spouse. I am not sure how to shout out to TSC to process my application in ROW. .... any ideas...
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DSLStart
03-10 09:20 AM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
ramus
05-30 09:00 PM
Bostn_gc, please help us..
While other members helping you can you also help IV and send some web-faxes..
Thanks.
While other members helping you can you also help IV and send some web-faxes..
Thanks.
fromnaija
03-08 05:53 PM
Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
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