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
================
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
wallpaper Three White Lion Cubs Looking
seebi
03-14 09:19 AM
Thanks desi3933 for the USCIS links.
tp976
08-19 10:06 PM
dont worry about FP. i applied for my wife and me. she got a FP , i never got one. but both of us got our approvals
2011 7 rare white lion cubs born in
JEESEE
05-11 12:06 PM
My Wife wanted to join a school for some course. We decided to apply for FAFSA to pay for School fees. I am not sure whether she is eligible to apply for FAFSA or not.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
more...
chint001
11-27 11:19 PM
I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.
I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).
Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
I guess you are right, attorney is the best way to go about it.
will post my out come here soon.
Till then please post your comments or views here.
Appreciate the responses!
eb3retro
04-09 01:01 PM
Yes I have been in US since 1991. Here is my story.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.
more...
gc_chahiye
04-20 01:06 AM
Hope this answers your question.
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
2010 Two white lion cubs,
bheemi
04-03 09:56 AM
HI Admin,
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
more...
gondalguru
07-26 06:38 PM
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
And if your co-worker's wife is from a county which is not retrogressed then you can get GC early based on alternate chargebility. Mistake can become boon many times. Just kidding.
Probably you will get RFE and not rejection.
hair excellent temperament cubs for
chanduv23
07-11 12:47 PM
Ok I called her - she is interviewing Ashish and Rohika. If anyone in NYC, please call her. Even if you are Indian - call her, it would be better of you are from another country.
more...
kaybeedee
11-05 11:18 AM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
hot A total of seven white lion
GCNaseeb
10-12 04:42 PM
See signature
more...
house White Lion Cubs
p_kumar
02-07 11:24 AM
All three options put a dent in your life. But I guess the golden period of life is over, remaining period of life will go raising your kids, looking after your parents. Sometimes I like the American culture a lot; you get to enjoy all life long!
American culture as we know it maybe ending. Social security will not be enough to support the baby boomers and many will end up being a burden on their children. In a way, we always have an option of going back to india but for americans?.
American culture as we know it maybe ending. Social security will not be enough to support the baby boomers and many will end up being a burden on their children. In a way, we always have an option of going back to india but for americans?.
tattoo White lions are not a separate
p7810456
06-18 06:59 PM
Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...
well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.
Meanwhile, don't forget to Buckle up and Drive safe :)
well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.
Meanwhile, don't forget to Buckle up and Drive safe :)
more...
pictures White Lion Cub Being
coopheal
12-22 01:25 AM
Thanks for your reply. The lawyer did suggest that we could go for EB2 but I did n't know if it would be good idea. The reason I ask is when I look at the visa bulleting EB2 priority dates have retrogressed rather badly when compared to EB3 priority dates. I have been hearing rumors that EB3 might move faster than EB2. I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?
If you can apply in EB2 then go ahead and do it. Current EB2 retrogression more than EB3 is anomaly than rule.
If you can apply in EB2 then go ahead and do it. Current EB2 retrogression more than EB3 is anomaly than rule.
dresses White lion cubs and their
darshan1226
02-13 01:43 PM
Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.
grow up
grow up
more...
makeup The 30-odd white lions
soma
01-15 10:07 AM
Cut and paste for me by my attorney:
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
That means they used up 2497 visas in october noveber? The numbers are quite high, so were they only working on EB2 files from india in oct-nov, unlikely. So have they really used up 2800 visas for sure? Can that be found out?
girlfriend white lion cubs photos.
just_waiting
10-17 04:08 PM
Thanks SmartBoy. I agree, I should have looked around. My I-140 is approved so I assume I shouldn't have any problem. Thanks again.
hairstyles White Lion Cubs
bobyal
05-07 04:09 PM
Yes i did see a LUD on the uscis website for my 485 a couple of weeks back.
So i guess the LUD stuff still works irrespective of the "chimps" using "champs".
Is your case in Texas Service Center??
So i guess the LUD stuff still works irrespective of the "chimps" using "champs".
Is your case in Texas Service Center??
ragnarok
07-19 08:51 PM
Thanks for the response.
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
wellwishergc
07-06 12:17 PM
pappu, is there a separate effort on part of IV towards a legal-immigration based bill, where issues such as visa number capture will be taken up? It has been officially reported within the Ombudsman report that 182,694 have gone unused since 2000.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
0 comments:
Post a Comment