lazycis
05-07 02:16 PM
are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues.
Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.
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qplearn
11-20 08:05 PM
The email id for 60 minutes is:
60m@cbsnews.com
After sending email, put a post here so we know how many emails have gone.
60m@cbsnews.com
After sending email, put a post here so we know how many emails have gone.
capriol
04-15 02:49 PM
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
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nozerd
02-25 03:57 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
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raju123
07-08 05:06 PM
I don't know the thinking of some people. immigration-law has nicely covered flower campaign. What is the reason to criticize?
We have very fewwwwwww friends for our cause. Mathew Oh is one of them. Do you guys want to loose few friends???? Are we going to win any battle without others support???
Please delete your negative comments and I request not to do any negative comments for like minded organization or person.
We have very fewwwwwww friends for our cause. Mathew Oh is one of them. Do you guys want to loose few friends???? Are we going to win any battle without others support???
Please delete your negative comments and I request not to do any negative comments for like minded organization or person.
santb1975
02-15 01:22 PM
^^^
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ram_ram
06-08 02:16 PM
Not possible. You can carry your PD once the 140(based on the labor that has the PD) is approved. Not the other way..
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gconmymind
04-10 06:10 PM
its funny. everyone is talking about recession, weak dollar, foreclosures, job cuts , etc etc. but the number of h-1b applications continues to rise each year (last year it was 123k, this year it is 163k).
isn't this a funny and/or strange statistic ? :confused:
anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.
-a
There should be stricter provisions on starting dates for approved H1s. There is no compulsion for a company to use an approved H1 if it doesn't want to. Companies apply in anticipation of demand and will eat their losses (H1/lawyer fee only. They will generally not send an employee to USA until they find a project) if they dont find a project. This is especially true of service based companies, desi or otherwise. Development companies like Microsoft, Google, etc. will not aply for H1 in April and ask the candidate to start in, say, March of next year. I think they will need to start applying for their overseas employees based on demand at their US work location in the future so they dont lose out in the hunt for talent..
It will be interesting to see how many H1s actually start working within 90 days, 1.e. by 1st Jan. If they dont, it clearly means (in most cases, in my opinion) there was no real demand...
Increasing the quota will do no good...I think the lottery is here to stay for a while. Goodluck to everyone in the lottery!
isn't this a funny and/or strange statistic ? :confused:
anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.
-a
There should be stricter provisions on starting dates for approved H1s. There is no compulsion for a company to use an approved H1 if it doesn't want to. Companies apply in anticipation of demand and will eat their losses (H1/lawyer fee only. They will generally not send an employee to USA until they find a project) if they dont find a project. This is especially true of service based companies, desi or otherwise. Development companies like Microsoft, Google, etc. will not aply for H1 in April and ask the candidate to start in, say, March of next year. I think they will need to start applying for their overseas employees based on demand at their US work location in the future so they dont lose out in the hunt for talent..
It will be interesting to see how many H1s actually start working within 90 days, 1.e. by 1st Jan. If they dont, it clearly means (in most cases, in my opinion) there was no real demand...
Increasing the quota will do no good...I think the lottery is here to stay for a while. Goodluck to everyone in the lottery!
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gc_chahiye
09-26 07:50 PM
also it puts things in perspective. Seeing this family getting torn apart (amazingly in their case there is no country where all can live together) makes my own H1 and GC related problems appear very tiny.
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chanduv23
09-10 02:40 PM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.
During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)
Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.
During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)
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jeny
08-05 10:03 PM
the process of interviews. Can you please tell us how you are notified about a possible interview, how much time you have to prepare for the interview (15 day notice, 30day notice??), how one can postpone the interview (calling USCIS or need to send a letter) etc.
This will benefit members.
I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi
This will benefit members.
I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi
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fromnaija
11-13 01:01 PM
That, my friend, is the question! It is the risk associated with using AC21 before I-140 approval.
How do we know that I-140 is "approvable"?
How do we know that I-140 is "approvable"?
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rjgleason
March 15th, 2004, 05:26 AM
No...........I'm going to wait until the next generation camera phones come out........rumor has it the developers are going to include a 70-200 2.8 L IS
with the ability to interchange with several other lenses not yet in development.
with the ability to interchange with several other lenses not yet in development.
tattoo Jamal#39;s Blog: Acura Rsx Type R
martinvisalaw
04-26 04:25 PM
I agree with the posters who say that the employer is probably trying to frighten you. It is very difficult to restrict a person's right to work wherever they want - or to restrict an employer hiring whoever they want - especially in Texas. However, it is not really an immigration question. You or, ideally the client company, should see an employment lawyer here in Texas.
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ebizash
03-31 03:44 PM
I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.
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map_boiler
07-15 04:57 PM
Since you have an approved I-140 through your previous employer, the PD is yours to keep.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
more...
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pakrish
06-22 09:29 AM
My laywer has adviced me that the skin test is mandatory
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gkaplan
04-22 01:27 PM
I think i understand:) Thank you.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
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kshitijnt
04-23 08:23 AM
The statistics can be skewed in that people switch jobs after perm, people like me have filed 2nd perm application despite having an earlier 2005 application.
poorslumdog
09-04 12:47 PM
did you pray for people who died in katrina? or for iraq war casualties?
You missed the sarcasm...
You missed the sarcasm...
Maverick_2008
02-23 09:10 PM
- My 485 is filed more than 6 months ago
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
- My is 140 not approved yet
- I get laid off
- My employer doesn't revoke my 140
- I'm already in the 8th year of my H
So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.
Is it logical or should I go take a nap? :p
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
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