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  • gmail
    07-22 03:14 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 Has your I-140 been withdrawn by old employer?

    It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.





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  • gmail
    07-21 08:40 PM
    Hi,

    I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.

    Now my lawyer told me that legally my I-140 deems invalid because I left before 180 days. I and my ex-employer has to prove that I had the good intent to work for them and my ex-employer had the good intent to hire me after GC is approved. I will have the burden of proof. Since my ex-employer is not willing to cooperate, my GC can be denied or revoked.

    What's your opinion on this?

    Thanks!





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  • abhishek101
    05-17 05:50 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.

    I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.





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  • h1bmajdoor
    05-24 04:40 PM
    the underlying problem, is not that american kids are not smart or hard working.

    it is that science/math/engg does not pay. it does not pay because the wheelers/dealers/fixers/middlemen/bullshitters make the money.

    american kids work hard when at law school/med school/mba. because those jos pay. as an engineer you are screwed. as a phd likely unemployed.

    so, american kids are not dumb. they are far smarter than you think. they are taken the correct decision in the circumstances.



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  • kondur_007
    07-21 08:59 PM
    Your Lawyer is correct:

    As you left your employer in less than 180days from filing 485, you can not invoke AC21.

    The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.

    Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).

    Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).

    Good Luck.





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  • arikris
    02-08 11:22 PM
    @sduddukuri - Can you share why H4 was denied in the first place? I am in a similar situation and wondering if MTR or Travel abroad would be better.



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  • brb2
    09-21 02:26 PM
    As I see it, the 7% cap is nothing but a clear case of affirmative action on a global scale. Republicans would definitely support removing this cap if the debate was framed in this angle rather than to give relief to any particular country. Relief is to the business's in the US - the freedom for them to hire the best in the world not to forced in to affirmative action due to quotas in high skilled immigration.
    without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.





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  • bagha
    07-11 11:01 AM
    I'm in similar situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

    Thanks in advance.



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  • number30
    11-24 04:06 AM
    Hi All,
    I am self-filing my i-131 application this week. Here are the briefs about status:

    Current Status: Working on EAD, 485-pending (July 2007 Application)

    I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.

    I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.

    1. Completed form I-131
    2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
    3. Copy of EAD
    4. Copy of I-797C (I-485 receipt)
    5. Copy of Arrpoved I-140
    6. Copy of all pages of Current passport
    7. Copy of all pages of expired passport
    8. Copy of Driver's License
    9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
    10. Birth certificate (again do I need this. but I read somewhere)
    11. Letter explaining why I qualify for AP (is there standard format for this? )

    I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.

    Thanks a lot.
    Usualy Following is the list
    AP application
    2 photos Photo
    Check
    I-94
    A letter explaining why you need AP(sample letters from ),
    Copy of I485 receipt
    Covering letter
    Copy of Arrpoved I-140
    Marriage certificate





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  • vamsi_poondla
    03-22 09:47 PM
    Thank you for your replies. I will try and see.



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  • Picasa
    08-13 08:01 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.

    How this is releated to our cause?:confused:





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  • Kitiara
    10-08 08:22 AM
    All of them are very well done, but BBatPA's just appeal to me the most. :)



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  • TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.





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  • saimrathi
    03-02 07:31 PM
    She will not be out of status since she has a H1 valid till 2010. however when she leaves US she needs to present the I-94 that came with the I-797 Approval notice(H1). I am in a similar situation, however, I am going to Canada and returning.



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  • Cherry2006
    06-28 12:25 PM
    Guys...Thanks for the suggestions .

    I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .

    Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.





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  • Jaime
    09-05 05:24 PM
    Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name

    True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+



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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!





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  • anilsal
    10-05 04:55 PM
    IV Core.

    Another visual proof of your dedication to the cause.

    Please continue the great work.





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  • Dhundhun
    06-07 04:55 PM
    I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has “TEMPORARY” written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why “TEMPORARY” is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I’ll get hard time getting loans etc b/c people will think I may move out any time as I am here “Temporarily”

    Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.

    http://www.dps.state.ok.us/

    I saw the pointer. In Oklahoma, lawmakers has taken a stand to mark DL with “TEMPORARY” to all non-citizens. They could have gived DL in different color to make it less harsh. It seems that this “TEMPORARY” marking will be even after getting GC, so this will remain for years and years to come.

    As "imneedy" pointed, it is in NJ for the last few years, so we can expect this being done in other states.

    Is there any change in layout expected after "real ID(http://en.wikipedia.org/wiki/REAL_ID_Act)" implementation?





    GC4US
    10-31 05:11 PM
    See my signature





    ksurjan
    07-23 03:23 PM
    yellow :D
    Next will be : What was the color of your envelope ? ..LOL C'mon people . :D :D



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