BharatPremi
11-06 12:21 PM
http://immigrationvoice.org/forum/showthread.php?p=192506#post192506
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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 Has your I-140 been withdrawn by old employer?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.
bigboy007
11-04 02:53 PM
will they then transfer back to VSC ? i might even move out from this area after a year or less ?
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rajev_kk
10-10 04:55 PM
You have slogged all these years. Take a break, have a Kit-Kat and take a vacation in Italy. Have heard it's pretty good. Have a good time.
more...
cagedcactus
07-27 11:08 AM
Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....
thanks for the kind replies...
thanks for the kind replies...
lostinbeta
09-06 03:22 PM
Hey, thanks Hojo, it took me a while to get that text to work correctly on the board. Darn CSS. I was trying to use span tags when I really needed to use div tags.
Your footer doesn't show Hojo? I right click and it says Movie Not Loaded.
Your footer doesn't show Hojo? I right click and it says Movie Not Loaded.
more...
kinvin
03-17 10:21 AM
Jay,
You did a great job of the drive and many thanks to you!.
"Help me Help you!"
You did a great job of the drive and many thanks to you!.
"Help me Help you!"
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gcseeker2002
12-21 10:40 AM
I spoke personally to the SFO consulate and they said , unless you have something in your passport that is valid you need a transit visa. They dont care about other forms of travel.
more...
485Mbe4001
11-10 02:34 PM
One of the funniest movies i have ever seen.:)..'swiss cake hai, thoda khao, thoda feko'
I think we should still concentrate on taking to Sen. McCains office. Immigration reform was his pet project and now that the election is over he can muster up the bipartisan effort required to move this forward. Immigration is not high on Obamas agenda and i doubt you will see action from him on that issue. The other option is to keep pushing for the 5882 during the lame duck session.
Meeting the first lady will be a waste of time and efforts...imo.
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
.
I think we should still concentrate on taking to Sen. McCains office. Immigration reform was his pet project and now that the election is over he can muster up the bipartisan effort required to move this forward. Immigration is not high on Obamas agenda and i doubt you will see action from him on that issue. The other option is to keep pushing for the 5882 during the lame duck session.
Meeting the first lady will be a waste of time and efforts...imo.
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
.
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FredG
March 3rd, 2004, 05:39 PM
I like the composition just the way it is.
Fred
Fred
more...
malibuguy007
10-01 07:49 PM
Please help with the contribution drive
http://immigrationvoice.org/forum/showthread.php?t=21817
http://immigrationvoice.org/forum/showthread.php?t=21817
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snathan
02-08 11:49 AM
In a move that could ruffle a few feathers in the Barack Obama administration, American entertainment giant Warner Bros has said it will be outsourcing jobs to India.
It is believed that about 200 positions are to be outsourced to India and Poland by Warner Bros, which will slash as many as ten per cent of its 8,000-strong workforce in the coming days.
"While no final decision have been made internationally, the company expects the layoffs, elimination of open positions and outsourcing to affect nearly 800 positions worldwide, or approximately ten per cent of its 8,000 employees," a Warner Bros official told PTI in an e-mailed statement.
About 200 open positions and 300 outsourced jobs would be affected as part of the reduction, while another 300 employees would be laid off, the official said, adding that jobs would be outsourced to India.
While the spokesperson declined to comment on exact number of jobs being moved to India, the sources said that about 300 positions are being outsourced, out of which about 200 would go to India and Poland.
Open positions are referred to those, which are currently vacant, and for which, the company was hiring.
In January, Warner Bros' Chairman and Chief Executive Barry Meyer along with president and chief operating officer Alan Horn had said the company would be reducing its staff strength.
"We have examined every aspect of our business in order to cut costs responsibly and to keep staff reductions to a minimum.
One way to achieve these objectives is to outsource certain job functions to a third-party company," Meyer and Horn wrote in an e-mail to employees on January 20.
It noted that even though the decision to cut the workforce was "very difficult" to make, the move reflects changes necessary for stability and growth going forward.
"We are very sad to announce that based on the global economic situation and current business forecasts, the studio will have to make staff reductions in the coming weeks in order to control costs," the e-mail said.
Meyers and Horn wrote in the e-mail that the changing entertainment business landscape, shifting consumer demand and the overall state of the economy have affected companies around the world, and "Warner Bros is not immune to these factors".
It is believed that about 200 positions are to be outsourced to India and Poland by Warner Bros, which will slash as many as ten per cent of its 8,000-strong workforce in the coming days.
"While no final decision have been made internationally, the company expects the layoffs, elimination of open positions and outsourcing to affect nearly 800 positions worldwide, or approximately ten per cent of its 8,000 employees," a Warner Bros official told PTI in an e-mailed statement.
About 200 open positions and 300 outsourced jobs would be affected as part of the reduction, while another 300 employees would be laid off, the official said, adding that jobs would be outsourced to India.
While the spokesperson declined to comment on exact number of jobs being moved to India, the sources said that about 300 positions are being outsourced, out of which about 200 would go to India and Poland.
Open positions are referred to those, which are currently vacant, and for which, the company was hiring.
In January, Warner Bros' Chairman and Chief Executive Barry Meyer along with president and chief operating officer Alan Horn had said the company would be reducing its staff strength.
"We have examined every aspect of our business in order to cut costs responsibly and to keep staff reductions to a minimum.
One way to achieve these objectives is to outsource certain job functions to a third-party company," Meyer and Horn wrote in an e-mail to employees on January 20.
It noted that even though the decision to cut the workforce was "very difficult" to make, the move reflects changes necessary for stability and growth going forward.
"We are very sad to announce that based on the global economic situation and current business forecasts, the studio will have to make staff reductions in the coming weeks in order to control costs," the e-mail said.
Meyers and Horn wrote in the e-mail that the changing entertainment business landscape, shifting consumer demand and the overall state of the economy have affected companies around the world, and "Warner Bros is not immune to these factors".
more...
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Krilnon
07-26 10:39 PM
Have you printed out the name of the file that was selected to make sure that that part is working? It seems like you've only done a minimal amount of debugging to determine the nature of the problem, so I would recommend starting with that.
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salthepal
10-29 04:53 PM
No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.
I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?
I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?
more...
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psaxena
03-09 06:46 PM
Thanks Vin13.
I was thinking the same, to have my wife work on EAD.. so does that mean she will have to give her H4 away to work on EAD. Will that any issue while she travels and comes back on AP. I know it should not but just wanted to conform on the same.
Now also can you suggest on the scenario somehow I get a denial of 485 , what then my wife will have to do ? will she have to go back to the India and get a H4..
Please advice.
Thanks in Advance.
I was thinking the same, to have my wife work on EAD.. so does that mean she will have to give her H4 away to work on EAD. Will that any issue while she travels and comes back on AP. I know it should not but just wanted to conform on the same.
Now also can you suggest on the scenario somehow I get a denial of 485 , what then my wife will have to do ? will she have to go back to the India and get a H4..
Please advice.
Thanks in Advance.
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raj1998
02-18 05:11 PM
Its been more than two months I applied for my H1B visa extension, it got approved and I received I-797 also but online status still show 'Application Received and Pending'.
Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....
Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....
more...
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cs.0
02-13 06:32 AM
hi.
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
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LONGGCQUE
03-10 11:12 AM
I have same problem with SBI. Planning to use wellsfargo expresssend from now on.
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desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
pappu
04-10 12:26 PM
Hello gurus
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Arjun
05-05 05:41 PM
Please do something to change it or try delete/add. :o
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