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
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lostinbeta
11-18 02:38 AM
Damn that Bob.... if he keeps getting votes he is going to beat me!!!
Oh wait... Bob is beating me!!!!!!!!!!!!!!!!!!!!!!!!
CRAP!!!!
:beam:
Oh wait... Bob is beating me!!!!!!!!!!!!!!!!!!!!!!!!
CRAP!!!!
:beam:
fide_champ
03-04 05:10 PM
Is there anything i can do on H4 visa??
Enjoy life at home :-)
Enjoy life at home :-)
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viva
01-27 08:02 PM
Forget it....It seems there is no interest in people contributing to this site..
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cowards...misers....u will repent your miserliness when you do not get any bill with green card relief......at that time, it will too late to do anything.....
more...
indio0617
04-09 11:59 AM
Just sent you a PM. Check it....
rameshk75
02-14 03:48 PM
Payroll should be run regularly for a person on H1B. USCIS may ask all the paystubs if they call for an interview(not everyone will be selected for the same) during 485 approval..If the person changes to EAD then in case if he is out of job then it should be fine... my thoughts...
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jliechty
July 13th, 2006, 10:10 PM
The previous post reminds me of an idea for an "interpretive dance" from Whose Line... "Diarrhea, flows like a river." And may I ask... how much did you pay the webmaster to post that advertising? (pardon me and ignore this if the previous post is deleted).
Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.
Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.
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funny
09-16 12:22 PM
It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...
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student79
03-27 11:00 AM
Thanks so much bajjuri77.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
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webm
06-06 05:15 PM
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
This is true..
This is true..
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reddog
01-23 12:15 PM
As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.
You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.
Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.
PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.
You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.
Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.
PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.
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ItIsNotFunny
02-21 08:06 AM
How can you use I-140 from Company A and 485 from Company B. I think you can't do it.
But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.
I would suggest you to consult an Attorney before taking any decision.
485 is not based on any company....
But I think you can use AC21 with Company B as 180 days has crossed after filing 485 and your I-140 is pending. This is very risky.
I would suggest you to consult an Attorney before taking any decision.
485 is not based on any company....
more...
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greyhair
09-24 09:34 AM
Colbert started his testimony.
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yogirajd
11-09 09:22 PM
I appreciate and very thankful to you all for affording your valuable time in replying with suggestions to my queries.
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4move
10-19 10:25 PM
One of my family member went through this, in a routine medical exam (this was not for immigration office) and he referred us to a infectious disease control specialist. After chest x-rays and several other tests the specialist mentioned that tb screening test can be positive some times for BCG vaccination or exposure to TB bacteria from a person who has active TB. This is not a disease (called latent tb), but there is 5% chance that it could develop into a active TB disease (in case the positive was because of exposure to TB bacteria. Initially, he prescribed Isoniazid (300mg), which has severe lever side effects, for 9 months with blood exam to monitor lever function. But, she could not tolerate this medicine even for 5days because of several other side effects (lever funtion test was normal though). Then he switched her to Rifamfin (600mg) for 4 months. There was not any noticeable side effects of this, and level function tests was after 2 weeks for the first time and once in two months after that. But one thing to note that TB screen test would be +ve rest of the life after this and you need to carry a certificate from this physican that you have completed this course of medicine and nothing needs to be done. Hope this helps.
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
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cinqsit
09-27 11:55 AM
Hey
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
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snram4
01-09 07:49 PM
First of all CIR means it will take care of potential immigrants at the same time gives protection to US workers. Everyone thinks that CIR is just giving benefit for illegal and legal immigrants. But american people wanted both ways. For legailizing illegal immigrants people want future illegal immigration should be stopped that is enforcement. Pro immigrants does not like enforcement even after legailizing 12 million illegal immigrants and trying to dilute and also by putting the condition that we need more guest workers also.
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
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akred
01-01 06:40 PM
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
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GCOP
09-24 11:39 AM
I was just thinking from the view of the people who are opposing have argument that, new American Jobs will be taken away. In my first post, I have written that we have not thought of or do not want to think about dropping FB Visa recapture. But it was just a proposal that we can tell those people that no American job will be lost. I am not against Family based immigration or any kind of immigration. This idea was just put forward for those Groups who oppose immigration due to fear of taking away new American jobs.
PLEASE CLOSE THIS THREAD.
Family based visas has a lot of support from the citizens who are actually voting in the elections, no wonder politicians like it. No matter what you say, anti-immigrants will always twist the truth and spread the news that all these visas are new and will take away American jobs. Dont you think family based people will want to drop all the employment based green cards?
PLEASE CLOSE THIS THREAD.
Family based visas has a lot of support from the citizens who are actually voting in the elections, no wonder politicians like it. No matter what you say, anti-immigrants will always twist the truth and spread the news that all these visas are new and will take away American jobs. Dont you think family based people will want to drop all the employment based green cards?
geevikram
11-21 09:29 AM
IV is trying. What did you do?
learning01
05-15 09:38 AM
Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))
Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this
http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us
Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this
http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us
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