morchu
08-02 12:58 AM
I think it matters and you probably might get an RFE if you dont provide evidence that you are qualified for the advertised job.
You can try to get an affidavit from some of your older colleagues.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
You can try to get an affidavit from some of your older colleagues.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
wallpaper Anime Amv- Kiss Me Again
saratswain
09-15 03:53 AM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
sangmami
08-15 09:10 PM
hi,
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
2011 Kiss Me - anime girls,
punjabi
07-24 01:40 PM
Pls don't get me wrong but when your prior understanding was that You will join his company in near future, based on which he agreed to file your I-140 even if you have paid, why do you don't want to go by your word?
I know employers suck people like us here for GC, etc. but we as employees should also go by our word. If you stay on your decision to join his company now since I-140 is approved, you won't end up having complications at all.
Besides, it is give-and-take and at the most, you will have to work for a year or so with him.
Good luck.
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 I really appreciate your response in this regard.
Thanks!!
I know employers suck people like us here for GC, etc. but we as employees should also go by our word. If you stay on your decision to join his company now since I-140 is approved, you won't end up having complications at all.
Besides, it is give-and-take and at the most, you will have to work for a year or so with him.
Good luck.
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 I really appreciate your response in this regard.
Thanks!!
more...
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!!
jthomas
04-24 12:47 PM
A Memorandum of Marriage is different from the Certificate of Marriage.
A Memorandum of Marriage is required to obtain a Marriage Certificate.
Here is a sample (Schedule A) of the Memorandum of Marriage.
You will need to obtain one from your local Marriage Court.
http://ncw.nic.in/compMarriageBill.pdf
I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.
To avoid the RFE, will it be okay to get registered at the local county in US?
I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL
A Memorandum of Marriage is required to obtain a Marriage Certificate.
Here is a sample (Schedule A) of the Memorandum of Marriage.
You will need to obtain one from your local Marriage Court.
http://ncw.nic.in/compMarriageBill.pdf
I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.
To avoid the RFE, will it be okay to get registered at the local county in US?
I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL
more...
gc1024
07-17 04:53 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
2010 Amuto - Kiss me Anime: Shugo
rbharol
08-23 04:34 PM
I talked to the contact person at competeamerica.org
According to him They won�t vote on any immigration bills till after the election.
So it seems it will be after november only.
But look at the positive side. We have more time to contact the law makers.
According to him They won�t vote on any immigration bills till after the election.
So it seems it will be after november only.
But look at the positive side. We have more time to contact the law makers.
more...
Winner
04-26 08:20 AM
Troll Alert?
hair heaven when you kiss me(anime)
gcgonewild
07-29 02:27 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
more...
Eternal_Hope
02-08 08:48 PM
There are two aspects of free trade - free flow of capital and labor.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
hot Kill Me Kiss Me 1 Picture
immm
07-13 01:35 PM
I think it is in the best interest of ImmigrationVoice and its members that offensive and derogatory messages be deleted/banned as they serve to harm the group as a whole.
However, the statement quoted below, if used out of context, will serve to be just as detrimental to ImmigrationVoice and its members because Free speech is the hallmark of this great country.
I would recommend that this statement be rephrased to say that while ImmigrationVoice champions the free speech, it is in the best interest of its members that the offensive posts be censored :
Immigration Voice neither promises nor practices "Free speech" and "First amendment rights"
However, the statement quoted below, if used out of context, will serve to be just as detrimental to ImmigrationVoice and its members because Free speech is the hallmark of this great country.
I would recommend that this statement be rephrased to say that while ImmigrationVoice champions the free speech, it is in the best interest of its members that the offensive posts be censored :
Immigration Voice neither promises nor practices "Free speech" and "First amendment rights"
more...
house Interests: Anime amp; Manga
amitjoey
03-26 11:56 AM
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.
tattoo Anime Romance - Kiss me
![kiss me anime. Kiss Me - [anime Love]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_uLAQTY9eaggiIjS-QdUKRMHeD6YlCVE8ngZQV8JhIl9A-PZSYSt0RBWAclBQV-DC_aumaL744_tJTTzSEN__lCmjDKDrvws5cDNJA=s0-d "Kiss Me - [anime Love]")
humdesi
11-07 12:23 AM
No need to register PIO kid till 15 years of age.
Where did you see this rule? Not mentioned anywhere here:
http://www.indianembassy.org/policy/PIO/Introduction_PIO.html
Where did you see this rule? Not mentioned anywhere here:
http://www.indianembassy.org/policy/PIO/Introduction_PIO.html
more...
pictures Sexy Kiss Me Kitty Costume
Eternal_Hope
02-08 08:48 PM
There are two aspects of free trade - free flow of capital and labor.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
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a_yaja
04-05 12:09 PM
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html
Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html
Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.
more...
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eb2dec2005
02-23 10:59 PM
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
Please share your views.
girlfriend Kiss Me - [anime Love]
sbabunle
08-23 06:19 PM
I tried to educate some of the university students( MS) about our issue. They dont
even care! Its seems like, they think, somebody else will take care of this
even care! Its seems like, they think, somebody else will take care of this
hairstyles 96%. Sweet
tanu_75
07-29 02:53 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.
Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.
Interesting so you're willing to acccept information from your lawyer who you think gets his information from USCIS but not willing to trust USCIS's information which we use here that USCIS makes itself available freely now. Hmm, not saying don't trust your lawyer but you would be surprised how inefficient some of the lawyers can be. None of them predicted the movement for the past two months which was pretty much spot on based on analysis by Q and others on the thread. I would rather trust analysis which I can see and test myself rather than take the word of a lawyer just because he's a lawyer.
WFGC2006
02-15 10:53 AM
has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
hate_me
03-17 01:39 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
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