cjain
11-13 03:10 PM
From the Aytes memo:
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
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humdesi
02-17 03:59 AM
Which was effectively nullified by
"Default Re: Predicted Visa Bulletin movement
Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."
"Default Re: Predicted Visa Bulletin movement
Nothing was said, but logically, unless there is worldwide EB3 movement, EB2 for China and India can't advance. EB for India and China have already maxed out for the year and all additional movement is based on leftovers from the rest of the world."
martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
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rocky74
07-20 10:32 AM
I applied for my labor in July (Chicago) and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.
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gcadream
02-24 02:17 PM
But is there a risk that if you work at client site and doesn't have a PO for at least 6 months then in that case the H1 extension may get denied ?
puvathoor
04-08 03:34 PM
I am intersted in contributing to the discussion in the region..
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pa_arora
07-16 01:18 PM
I liked ur signature...BTW what country r u from?
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h1vegas
10-07 07:37 PM
Keep a copy of your paystub at your work place
PS: Official comes from DHS to your office not your home
Moreover how hard it is to keep a copy of your paystub at your desk
PS: Official comes from DHS to your office not your home
Moreover how hard it is to keep a copy of your paystub at your desk
more...
h1b_holder
03-15 11:20 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
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kumarh1b
01-23 02:28 PM
Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
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slc_ut
05-29 04:27 PM
OK Prashant, got it. Thanks.
Hi,
You can fill up these forms save and exit without picking a date ..
after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..
Hi,
You can fill up these forms save and exit without picking a date ..
after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..
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hemasar
06-22 09:38 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
My colleague told me that he took only chest X-ray and not done skin test he got his GC.
My colleague told me that he took only chest X-ray and not done skin test he got his GC.
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viva
01-31 10:44 PM
United Nations, Pls help Immigration Voice.
we know your capability.
BTW, sorry for some members rude behaviour towards you.
Probably they may not know about your role in
immigrationportal.com and they may not even know how you helped lot of guys with I140 ability to pay issues.
Hi Guys, pls encourage good people like United Nations to help us.
He will be good asset for us to utilize his time and service.
He has an amazing knowledge in immigration matters.
Need not to say, knowledge is power, in present era.
What's your point? Ok, this person is knowledgeable and has helped to answer a lot of questions, I get that. What else can he do for IV? Does he have any influence with lawmakers? Can he help us increase our fundraising? If not, he is just one regular member and therefore, you need to stop wasting time trying to focus so much attention on him.
Maybe, he is a valuable addition in terms of answering other members' questions and nudging them to contribute. Beyond that, what more can he do than what the IV core team is doing with the lawmakers? Before you waste everybody's time with multiple posts singing the praises of a person, please carefully analyze how they can benefit the whole organization. Use your brains and don't just be awed by his knowledge!
we know your capability.
BTW, sorry for some members rude behaviour towards you.
Probably they may not know about your role in
immigrationportal.com and they may not even know how you helped lot of guys with I140 ability to pay issues.
Hi Guys, pls encourage good people like United Nations to help us.
He will be good asset for us to utilize his time and service.
He has an amazing knowledge in immigration matters.
Need not to say, knowledge is power, in present era.
What's your point? Ok, this person is knowledgeable and has helped to answer a lot of questions, I get that. What else can he do for IV? Does he have any influence with lawmakers? Can he help us increase our fundraising? If not, he is just one regular member and therefore, you need to stop wasting time trying to focus so much attention on him.
Maybe, he is a valuable addition in terms of answering other members' questions and nudging them to contribute. Beyond that, what more can he do than what the IV core team is doing with the lawmakers? Before you waste everybody's time with multiple posts singing the praises of a person, please carefully analyze how they can benefit the whole organization. Use your brains and don't just be awed by his knowledge!
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kirupa
11-24 04:45 PM
On the home page I see 3 Flash and 3 SL-based tutorials that were added recently. Sounds really biased to me.
I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers. If you want to submit a tutorial, make sure it is Flash CS4 or Expression Blend (WPF / SL) related. Otherwise, I will more than likely turn it down.
:nerd:
I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers. If you want to submit a tutorial, make sure it is Flash CS4 or Expression Blend (WPF / SL) related. Otherwise, I will more than likely turn it down.
:nerd:
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pritibshah
06-24 11:50 PM
My priority date is Aug 2007. And I have to submit my RFE by 7/19.
Thanks
Thanks
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uma001
07-26 02:30 PM
Go for GC , not career. You can get good career whenever you want, but you cant get GC whenever you want. Once you get GC you can apply for 150k job wherever you want, any company you want. With h1 you cant do that.
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imcdude
09-19 07:23 PM
Please check with your attorney on this issue.
If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.
So check with your lawyer that it was not a mistake.
If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.
So check with your lawyer that it was not a mistake.
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Danko
01-06 07:36 AM
I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers.
Sounds like a conflict of interest then:
kirupa.com - Shocked Resource for Making Designers better Developers!
:beam:
Sounds like a conflict of interest then:
kirupa.com - Shocked Resource for Making Designers better Developers!
:beam:
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purplehazea
06-11 01:42 PM
sorry to burst your bubble sands. I am just repeating what NPR, NYT, Washington Post and any reputed national newspaper has said about the Prez.
gcadream
03-01 10:02 AM
Another front to think about :
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
chanduv23
09-30 09:45 AM
:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."
I have used AC21 to change jobs but I am still on H1....Now i am worried.
Don't worry , it is not a denial
I have used AC21 to change jobs but I am still on H1....Now i am worried.
Don't worry , it is not a denial
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