newbie2020
10-26 12:28 PM
Guess what you should only travel by First class, If you travel by economy they will catch you..... :))
Jokes aside, You should be ok your H1B extension/stamping has nothing to do with which Airlines you travel, How many stops you will make etc.. Some countries have restrictions if you don't have valid visa during transit. Check with Airlines.
Jokes aside, You should be ok your H1B extension/stamping has nothing to do with which Airlines you travel, How many stops you will make etc.. Some countries have restrictions if you don't have valid visa during transit. Check with Airlines.
wallpaper Happy Birthday Wishes.
krupa
07-09 12:29 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
ImmiLosers
09-30 03:24 PM
How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.
thanks,
Infopass is one way (only if you are lucky)
thanks,
Infopass is one way (only if you are lucky)
2011 irthday wishes love.
somegchuh
08-22 12:41 PM
I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
more...
willgetgc2005
12-14 01:16 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
kirupa
02-13 04:10 AM
Real soon : http://www.kirupa.com/forum/showthread.php?t=319830 :)
more...
wonderlust
09-27 04:34 PM
You are wrong! I am not indian, my friends from China, Sweden, Poland, Russia, Philipine, and Vietnam were there. You just did not see the pics.:D
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
2010 Has No Birthday Wishes!
rajuseattle
04-27 01:16 PM
Blog Feeds
Fear Mongers are the ones who are relying more on Govt for the social safety net benefits, they dont want to work and enjoy the Govt benefits, at the same time they blast undocumented aliens for using the Govt benefits, its the biggest hypocracy and party of Naysayers is full of these hypocrats who are just riding on "Tea Baggers" in the congress and do nothing about immigration reforms.
Fear Mongers are the ones who are relying more on Govt for the social safety net benefits, they dont want to work and enjoy the Govt benefits, at the same time they blast undocumented aliens for using the Govt benefits, its the biggest hypocracy and party of Naysayers is full of these hypocrats who are just riding on "Tea Baggers" in the congress and do nothing about immigration reforms.
more...
dixie
07-03 10:23 AM
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
hair irthday wishes to Love My
sanju
01-30 05:08 PM
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
Here are two quotes from the Greatest thinker of all times :p-
'The quality of the output of any system is as good as the quality of the input'
- by sanju on IV in 2009
'Any system is as good as the humans operating that system'
- by sanju on IV in 2009
I guess it means we all have to continously do our little part.
.
Here are two quotes from the Greatest thinker of all times :p-
'The quality of the output of any system is as good as the quality of the input'
- by sanju on IV in 2009
'Any system is as good as the humans operating that system'
- by sanju on IV in 2009
I guess it means we all have to continously do our little part.
.
more...
ComicDom1
December 21st, 2007, 01:11 AM
First I want to say hello to everyone because I have not been on this site for a while. Second, I want to wish everyone a happy holiday season.
Recently, I have been taking a good hard look at the Olympus E-3. I came to Canon Digital in the early days of the 1D after shooting many different digital cameras including Olympus.
I was well pleased using my E-10, E100RS, E-20, and UZI but when I got the 1D in my hands it was as if a whole new world opened up for me again.
Like many others, I have been following the development of Olympus Camera's. Many of us switched to other brands because we grew tired of waiting for Olympus to produce a DSLR that might be able to compete with the offering from Nikon or Canon. The move to producing a full frame 4/3's sensor was interesting as well. When Olympus finally did release the E-1, it offered a great build including a splash proof body, and some very high quality glass. Unfortunately it lacked in a few area's and although interesting, unless you shot at lower ISO, it was not a camera for people who liked to shoot in low light and sporting events.
I realize, that not everyone has the same requirements for a camera. There are many users the E-1 body worked for. I finally picked one up after the prices fell to a very low point, and I could not resist the deal. I have found the image quality very good if you stay within the limits of the camera.
Finally the E-3 arrived in November and Olympus had made many upgrades in this body. I was very curious as to how competitive IS built in the body of the camera would work. I was also interested in the speed and tracking of the new auto focus system, and if Olympus had really improved on the noise levels of the camera at Higher ISOs. Although many in the Olympus SLR forum at DPR will claim that Noise is no problem at High ISO, my experiences with the camera told me different.
I do have to say, I found the E-3 very well built. The viewfinder is very bright. With the Grip attached, the E-3 felt very similar in my hands to my Canon 1D and 1DMKII.
One of the promises that Olympus made was that the 4/3 system was going to provide us with a smaller lighter Camera body with smaller lenses. While this might be true for some of their mid range cameras, it is certainly not true for the E-3 or E-1 with the grip attached. When sitting on the floor next to my 1D and 1DMKII bodies, I did not find much difference in their size. Lenses might be another story but yesterday, I compared the Olympus 35-100mm to the 70-200 2.8 IS lens and found that the Olympus lens was actually slightly heavier. Unfortunately Olympus has not produced any faster primes like the 85 1.8 of Canon. You really do not have good comparisons of lenses because most of what Olympus produces are variable zooms with the exception of a couple of lenses. Olympus also seems to advertise that they cover the focal length of lenses better than any other manufacturer. Since they include lenses from Sigma and Lecia/pany in this claim, I find difficulty in accepting that. Certainly if I have to consider a lens, I would prefer it was from the maker of my camera, but thats just a personal preference based on past experience.
I do have to give Kudo's to Olympus for improving both the frames per second, as well as the Auto Focus tracking and speed. I found the E-3 will track pretty well in a poorly lit gym. The E-3 also appears to write to the CF card pretty quickly. Why they included a slot for an XD card is beyond me. They would have been much better off to include a slot for the SD cards because of their high capacity.
I also qualified to be an Olympus Global Professional member. What this means is that I can get equipment to evaluate just like what CPS offers. Olympus goes one step further than Canon here because they will even loan you equipment while yours is in repair. So I had them send me a few items to try out. Some of the items I received was the EC-14 tele-converter, 150mm F 2.0, 50mm F 2.0 Macro, as well as a ring flash, and Fl-50R to evaluate. I think I need more time with the FL-50R and ring flash to know how I feel about them.
One of the reasons I wanted the 150mm F 2.0 (effective focal length of 300mm on the E-3) to test is because I wanted to see how it compared in weight and Image Quality to my 300mm 2.8L lens. I also wanted to know how well the E3 in body IS would work with it. Unfortunately I got side tracked because I noticed that my E-3 images contained quite a bit of noise from the images I shot and got consumed looking at that. I can tell you that the 150 and E-3 with grip combination felt very unbalanced in my hands compared to the Canon lens. The 150mm weights 3.4lbs but of course has the effective focal length of 300mm on the E-3 because of the sensor size. If we wanted to compare apples to apples, 300mm to 300mm or actual focal length, we would find that the Olympus 300mm weighs in at a hefty 7.2 lbs compared to Canon's 300mm 2.8 IS lens which is 5.6 lbs. Also the Olympus glass is much more expensive as well.
The problem here is that we are paying more for effective focal length just because the camera sensor is different. So in my view, we are paying more for less in the physical sense.
I mounted the 150mm on a monopod as well. Again compared to the 1D with the 300mm, even though the E-3 combination was lighter, it was not balanced as well and was more difficult for me to steady. I do attribute some of this with me being more experienced with the Canon Gear. There is another issue that concerned me here. I did not feel that the Tripod collar of the 150mm lens was made as heavy or as well as the Canon version.
I am currently going though several hundred exposures I have taken with various focal lengths of Olympus lenses. Since I felt my body has some issues because of noise, yesterday I returned it, the grip, and the 12-60 SWD lens to my vendor. I am waiting now for Olympus to send me another body to try out, so I can find out if it was me or the camera at fault. In the mean time, it seems that my findings are similiar to what Phil found in his DPR review of the new Sony that included the E-3 as well as the D300 and 40D.
In closing, I need to say that this all came about because not only was I interested in the development and capability of the E-3, there were also the noted problems of the 1DMKIII. At this point, I think my 1DMKII will still do nicely for sports. Since I pretty much own the Canon lenses I need, I am considering the 5D, but I want to also give the Olympus E-3 a fair chance, so I am going to wait to see if Olympus follows through on their promise to me.
I also am aware that there is a possibility that a 5D replacement may be announced at PMA next month. Of course I am basically interested in the best image quality, I do not know if I will wait for the replacement. Since the 5D has large photosites, I would think that the replacement would have more pixels so the image quality may be affected.
Thanks for Reading,
Jason
ComicDom1@aol.com
Recently, I have been taking a good hard look at the Olympus E-3. I came to Canon Digital in the early days of the 1D after shooting many different digital cameras including Olympus.
I was well pleased using my E-10, E100RS, E-20, and UZI but when I got the 1D in my hands it was as if a whole new world opened up for me again.
Like many others, I have been following the development of Olympus Camera's. Many of us switched to other brands because we grew tired of waiting for Olympus to produce a DSLR that might be able to compete with the offering from Nikon or Canon. The move to producing a full frame 4/3's sensor was interesting as well. When Olympus finally did release the E-1, it offered a great build including a splash proof body, and some very high quality glass. Unfortunately it lacked in a few area's and although interesting, unless you shot at lower ISO, it was not a camera for people who liked to shoot in low light and sporting events.
I realize, that not everyone has the same requirements for a camera. There are many users the E-1 body worked for. I finally picked one up after the prices fell to a very low point, and I could not resist the deal. I have found the image quality very good if you stay within the limits of the camera.
Finally the E-3 arrived in November and Olympus had made many upgrades in this body. I was very curious as to how competitive IS built in the body of the camera would work. I was also interested in the speed and tracking of the new auto focus system, and if Olympus had really improved on the noise levels of the camera at Higher ISOs. Although many in the Olympus SLR forum at DPR will claim that Noise is no problem at High ISO, my experiences with the camera told me different.
I do have to say, I found the E-3 very well built. The viewfinder is very bright. With the Grip attached, the E-3 felt very similar in my hands to my Canon 1D and 1DMKII.
One of the promises that Olympus made was that the 4/3 system was going to provide us with a smaller lighter Camera body with smaller lenses. While this might be true for some of their mid range cameras, it is certainly not true for the E-3 or E-1 with the grip attached. When sitting on the floor next to my 1D and 1DMKII bodies, I did not find much difference in their size. Lenses might be another story but yesterday, I compared the Olympus 35-100mm to the 70-200 2.8 IS lens and found that the Olympus lens was actually slightly heavier. Unfortunately Olympus has not produced any faster primes like the 85 1.8 of Canon. You really do not have good comparisons of lenses because most of what Olympus produces are variable zooms with the exception of a couple of lenses. Olympus also seems to advertise that they cover the focal length of lenses better than any other manufacturer. Since they include lenses from Sigma and Lecia/pany in this claim, I find difficulty in accepting that. Certainly if I have to consider a lens, I would prefer it was from the maker of my camera, but thats just a personal preference based on past experience.
I do have to give Kudo's to Olympus for improving both the frames per second, as well as the Auto Focus tracking and speed. I found the E-3 will track pretty well in a poorly lit gym. The E-3 also appears to write to the CF card pretty quickly. Why they included a slot for an XD card is beyond me. They would have been much better off to include a slot for the SD cards because of their high capacity.
I also qualified to be an Olympus Global Professional member. What this means is that I can get equipment to evaluate just like what CPS offers. Olympus goes one step further than Canon here because they will even loan you equipment while yours is in repair. So I had them send me a few items to try out. Some of the items I received was the EC-14 tele-converter, 150mm F 2.0, 50mm F 2.0 Macro, as well as a ring flash, and Fl-50R to evaluate. I think I need more time with the FL-50R and ring flash to know how I feel about them.
One of the reasons I wanted the 150mm F 2.0 (effective focal length of 300mm on the E-3) to test is because I wanted to see how it compared in weight and Image Quality to my 300mm 2.8L lens. I also wanted to know how well the E3 in body IS would work with it. Unfortunately I got side tracked because I noticed that my E-3 images contained quite a bit of noise from the images I shot and got consumed looking at that. I can tell you that the 150 and E-3 with grip combination felt very unbalanced in my hands compared to the Canon lens. The 150mm weights 3.4lbs but of course has the effective focal length of 300mm on the E-3 because of the sensor size. If we wanted to compare apples to apples, 300mm to 300mm or actual focal length, we would find that the Olympus 300mm weighs in at a hefty 7.2 lbs compared to Canon's 300mm 2.8 IS lens which is 5.6 lbs. Also the Olympus glass is much more expensive as well.
The problem here is that we are paying more for effective focal length just because the camera sensor is different. So in my view, we are paying more for less in the physical sense.
I mounted the 150mm on a monopod as well. Again compared to the 1D with the 300mm, even though the E-3 combination was lighter, it was not balanced as well and was more difficult for me to steady. I do attribute some of this with me being more experienced with the Canon Gear. There is another issue that concerned me here. I did not feel that the Tripod collar of the 150mm lens was made as heavy or as well as the Canon version.
I am currently going though several hundred exposures I have taken with various focal lengths of Olympus lenses. Since I felt my body has some issues because of noise, yesterday I returned it, the grip, and the 12-60 SWD lens to my vendor. I am waiting now for Olympus to send me another body to try out, so I can find out if it was me or the camera at fault. In the mean time, it seems that my findings are similiar to what Phil found in his DPR review of the new Sony that included the E-3 as well as the D300 and 40D.
In closing, I need to say that this all came about because not only was I interested in the development and capability of the E-3, there were also the noted problems of the 1DMKIII. At this point, I think my 1DMKII will still do nicely for sports. Since I pretty much own the Canon lenses I need, I am considering the 5D, but I want to also give the Olympus E-3 a fair chance, so I am going to wait to see if Olympus follows through on their promise to me.
I also am aware that there is a possibility that a 5D replacement may be announced at PMA next month. Of course I am basically interested in the best image quality, I do not know if I will wait for the replacement. Since the 5D has large photosites, I would think that the replacement would have more pixels so the image quality may be affected.
Thanks for Reading,
Jason
ComicDom1@aol.com
hot irthday wishes. I love
hivicks
04-07 05:02 PM
Thanks that helps!- so you filled the G-639 form and had to wait for almost 8 months to get a copy of the I-140 approval notice.
more...
house irthday wishes love.
pom
10-02 02:30 PM
Hey, you should put that in the wallpaper section, it's nice (game is advancing by the way :))
pom :)
pom :)
tattoo irthday wishes
nixstor
02-09 06:09 PM
http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html
check it out!
check it out!
more...
pictures Send this irthday eCard !
FinalGC
10-24 11:19 AM
I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN
I have couple of friends who have claimed like this....
if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....
dresses irthday wishes..!!!
nousername
03-18 03:55 PM
I am just wondering how in the world members here get to know where their cases were transferred after receiving a soft LUD?
My case starts with WAC and I don't remember where my lawyer originally filed my case but since then it has been transferred twice.. God only knows where..
My case starts with WAC and I don't remember where my lawyer originally filed my case but since then it has been transferred twice.. God only knows where..
more...
makeup Birthday Greetings
kutra
03-05 07:26 PM
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.
I would go for #1 or #2.
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.
I would go for #1 or #2.
girlfriend Birthday Wishes With Love
I_need_GC
07-24 10:51 AM
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
hairstyles irthday wishes love.
gcgreen
07-22 02:31 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?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
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.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"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?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
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.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
InTheMoment
05-17 06:17 PM
Actually FP has nothing to do whatsoever with Name Check or when it is initiated. Name Check is a separate process that usually starts within a couple of weeks after you Notice Date. You can check when it is initiated with an Infopass or by talking to a service center IIO on the phone.
Heart
10-08 12:51 PM
Thanks to you all, I will update after talking to an attorney.
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