styrum
12-19 03:48 PM
Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "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 what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.
Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "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 what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.
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wikipedia_fan
04-09 02:52 PM
Good information, thank you.
In fact it should be the other way around
Appeal - should have Fee
MTR must not have a fee
But we never wrote these laws nor were we kept in mind when these laws were written.
The only way all these things seem to move along is because of Immigration help community like IV and experienced lawyers who have interpreted these ambiguous laws.
At the end of the day it is all about Money, everyone has their piece of cake.
In fact it should be the other way around
Appeal - should have Fee
MTR must not have a fee
But we never wrote these laws nor were we kept in mind when these laws were written.
The only way all these things seem to move along is because of Immigration help community like IV and experienced lawyers who have interpreted these ambiguous laws.
At the end of the day it is all about Money, everyone has their piece of cake.
hpandey
04-24 11:40 AM
I would say another problem is getting the H1 stamped. Ever since they got rid of getting the H1 stamped within US we have to go out of the country to get it stamped and you never know how much time it is going to take. Now due to PIMS delays some people are getting stuck for more than a month and no one can afford such long holidays .
On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.
On top of that if you are going out of the country then there are airline tickets and stamping fee etc etc which also comes in 1000's of dollars.
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raydhan
04-01 04:31 PM
Sent Fax# 10
more...
rolrblade
07-19 10:44 AM
I Pmed you all the information, then you go silent. I am getting ready to board a plane in 20 mins and will be unavailable for an hour and half.
PM me back if you need help.
Just trying to help you dude! Dont ask for help and disappear!
PM me back if you need help.
Just trying to help you dude! Dont ask for help and disappear!
HarshJ
10-02 01:22 PM
Hi,
Filed at NSC on Jul 21st. Received as per FedEx receipt on Jul 23rd. Transferred I-485s, EADs and APs applications from NSC to CSC.
Received EADs and APs on Sept 25th from CSC.
Sept 18th notice received that I-485s have been moved back from CSC to NSC.
Rceipt date for transfer notice is Sept 18th. Dont see my actual Jul 23rd date anywhere.
When I posted this on , posters suggested that there is a "Receipt Notice" versus a "Transfer Notice".
My lawyer received the receipt notice. Will check with him about the Receipt date on that notice and post later today.
Any other ideas what this all means would be appreciated.
Seems like a ping pong ball being hit from one center to another with no result
:(
Filed at NSC on Jul 21st. Received as per FedEx receipt on Jul 23rd. Transferred I-485s, EADs and APs applications from NSC to CSC.
Received EADs and APs on Sept 25th from CSC.
Sept 18th notice received that I-485s have been moved back from CSC to NSC.
Rceipt date for transfer notice is Sept 18th. Dont see my actual Jul 23rd date anywhere.
When I posted this on , posters suggested that there is a "Receipt Notice" versus a "Transfer Notice".
My lawyer received the receipt notice. Will check with him about the Receipt date on that notice and post later today.
Any other ideas what this all means would be appreciated.
Seems like a ping pong ball being hit from one center to another with no result
:(
more...
saimrathi
07-06 06:29 PM
I hope it being aired on 7/7/07 will bring our cases some luck..
EDIT: According to Dr. Bahrainwala, this has been bumped to 7/7/07..
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
EDIT: According to Dr. Bahrainwala, this has been bumped to 7/7/07..
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
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gunabcd
07-17 10:55 AM
I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.
If you know you are a pessimist, then sit down in a corner and keep crying, don't scrare others with your illogical, baseless arguments.
Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........
lotr
6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.
If you know you are a pessimist, then sit down in a corner and keep crying, don't scrare others with your illogical, baseless arguments.
more...
buddyinus
08-01 12:47 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
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Almond
07-17 11:02 AM
Almond: what browser are you using ?
Firefox but I tried it in IE too and nothing. I did a disk cleanup as well. Mystery:confused:
Firefox but I tried it in IE too and nothing. I did a disk cleanup as well. Mystery:confused:
more...
Almond
11-02 01:58 PM
I'm getting my bag of M & M's and box of Kleenex tissues ready.
hot kissing,drake and rihanna
sunny1000
11-02 11:19 PM
If Republicans control the House, they will be too bitter because they can't repeal the Health Care Reform, and will not let CIR pass in 2011. Best hope is 2012 now. Obama could have easily passed CIR in past 2 years, instead he focused all his efforts on health care..
Dems were no good either...they could have easily worked with Bush to pass it in 2006/2007 but, they screwed it up by going with the points system and the "path to citizenship". Again, in 2008 they had all 3 chambers but, the hispanic caucus held the bill hostage. CIR will never get passed as long as there is that "path to citizenship" provision, in the upcoming congress. So, in reality, there is no CIR...now or ever.
Dems were no good either...they could have easily worked with Bush to pass it in 2006/2007 but, they screwed it up by going with the points system and the "path to citizenship". Again, in 2008 they had all 3 chambers but, the hispanic caucus held the bill hostage. CIR will never get passed as long as there is that "path to citizenship" provision, in the upcoming congress. So, in reality, there is no CIR...now or ever.
more...
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insbaby
10-28 09:18 PM
that's exactly what we did you self-righteous prig!
When we didn't like something, we came out and expressed it.
Tough crowd :rolleyes: :rolleyes: :rolleyes:
When we didn't like something, we came out and expressed it.
Tough crowd :rolleyes: :rolleyes: :rolleyes:
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insbaby
09-26 07:43 AM
<quote>
The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
</quote>
If you are taking a supplementary examp of one subject of your previous sumester clearly says you have not graduated on Dec 2000, but only after June 2002. I dont' think any school give away degree without completing all exams.
I have heard many such cases, people want to take advantage of EB2 and filed without meeting the requirements. But unfortunately many times they are trapped.
There is only one way, talk to a good immigration lawer. The good thing is, this is not a crime, you still have enough evidence to prove that this is a user error and you have chance to file again. Go with EB3 for safe. But ONLY A VERY GOOD IM LAWER can do this.
The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
</quote>
If you are taking a supplementary examp of one subject of your previous sumester clearly says you have not graduated on Dec 2000, but only after June 2002. I dont' think any school give away degree without completing all exams.
I have heard many such cases, people want to take advantage of EB2 and filed without meeting the requirements. But unfortunately many times they are trapped.
There is only one way, talk to a good immigration lawer. The good thing is, this is not a crime, you still have enough evidence to prove that this is a user error and you have chance to file again. Go with EB3 for safe. But ONLY A VERY GOOD IM LAWER can do this.
more...
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dingdong12
06-17 05:03 PM
I support this
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sanan
07-07 06:24 PM
I hope we can get a digital copy and utube it
Just saw it. Very good. Covered the basic issue very well.
Just saw it. Very good. Covered the basic issue very well.
more...
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h1-b forever
01-13 09:11 AM
How much does the Transit visa cost?
girlfriend aredrakeandrihannadating
bujjigadu123
03-03 06:03 PM
it looks like it was a "hoax" or mistake on their part.
my exp. has been that they are usually don't go for a "NO SHOW".
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
my exp. has been that they are usually don't go for a "NO SHOW".
I too thought that it could be a hoax call. But When I discussed with my employer and came to know the name of the person who called me is same as that of person who visited our employer 2 months back, then I realized that it is not a hoax call.
But I really don't understand what was the purpose and why I got such call and why he did not show up. Till now there is no communication from the officer.
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EndlessWait
07-27 01:13 PM
to get the receipts. Lets not bug them and have them work instead on receipting. With over 500K+ applications, it'd be a while to get the reciept..
oops did i mention EAD/AP..ur gonna have to wait a really long time on that one.
oops did i mention EAD/AP..ur gonna have to wait a really long time on that one.
obviously
03-21 01:01 PM
http://immigrationvoice.org/forum/showthread.php?t=3361&page=2
Consider taking copies of ALL the flyers... they all have different angles... and will appeal to different needs and interests... but share a common set of core goals.
Obviously
Consider taking copies of ALL the flyers... they all have different angles... and will appeal to different needs and interests... but share a common set of core goals.
Obviously
syzygy
07-10 08:03 AM
May be we want to expose him on something like YouTube.
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
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