kak1978
06-05 10:15 AM
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
wallpaper pussinboots
like_watching_paint_dry
02-27 04:23 PM
Since the CP guys are in minority here , if IV has to invest for them (read we all have to pay for them ) let us see how much they can contribute for their own provision. Let us see if each one of them contribute more than 500 dollars to IV and posts the paypal number.
Why should majority allow a provison for some minority who do not even want to first contribute.
It's not like IV is not addressing their problem with the current mandate. IV seeks to address the retrogression issue. If retrogression is addressed, it will benefit the minority CP filers just as much as the majority 485 filers.
These two (willwin and tinku) somehow fail to understand that big picture and are only interested in getting IV contributors to pay for their short term interests - all because they made a mistake, got greedy, gambled, thought they can beat the 485 filers to the finish line by going CP... bla-bla-bla.
Not on my dime.
Why should majority allow a provison for some minority who do not even want to first contribute.
It's not like IV is not addressing their problem with the current mandate. IV seeks to address the retrogression issue. If retrogression is addressed, it will benefit the minority CP filers just as much as the majority 485 filers.
These two (willwin and tinku) somehow fail to understand that big picture and are only interested in getting IV contributors to pay for their short term interests - all because they made a mistake, got greedy, gambled, thought they can beat the 485 filers to the finish line by going CP... bla-bla-bla.
Not on my dime.
sbeyyala
12-20 05:49 PM
This is a valid argument and great analysis work. I am also wondering what will happen to unused EB1 Visas, Please note that EB1 is current for all for a while, Does anyone know how unused EB1 should be distributed? Whether the unused EB1 fall into EB2 for India and China or will they go to EB3 ROW?
2011 Shrek 2 poster, Puss in Boots
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"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."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"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."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
more...
Omm
12-28 03:40 PM
dingudi, Lazycis
The real problem is due to cost cutting in fiancial industry they are asking me either to take a full time if I wish to continue or terminate my contact as they do not have budget for next Year, So i dont know if my I 140 can get approved by that time (NExt month), But anyways thanks for a lot for guidance.
Good luck to all those lookin forward for Green life after GREEEEEN card.
HAPPY NEW YEAR
The real problem is due to cost cutting in fiancial industry they are asking me either to take a full time if I wish to continue or terminate my contact as they do not have budget for next Year, So i dont know if my I 140 can get approved by that time (NExt month), But anyways thanks for a lot for guidance.
Good luck to all those lookin forward for Green life after GREEEEEN card.
HAPPY NEW YEAR
miguy
06-19 03:53 PM
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
more...
arc
10-03 11:21 AM
Transfer people are stuck for FP notices... If only csc could have done the FP along with the ead/ap...
2010 cat in boots shrek.
gcformeornot
09-27 02:33 PM
your degree certificate changed if you completed your degree in 2000 and gave some supplimentry exam in 2002, so you did not get Degree Certificate in 2000. You got it in 2002. That makes it 2002 Degree Holder and not 2000. That mean whatever supp subject you are saying was mandatory for Degree Completion.
more...
smsthss
07-19 10:01 AM
I meant to say let her take the immunizations in India.
hair Puss In Boots – one of the
pappu
03-23 10:21 AM
please also look at your respective state chapter threads
http://immigrationvoice.org/forum/forumdisplay.php?f=17
and send messages to all members in your state chapter threads requesting them to join you in meetings.
If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.
http://immigrationvoice.org/forum/forumdisplay.php?f=17
and send messages to all members in your state chapter threads requesting them to join you in meetings.
If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.
more...
desi3933
07-19 04:55 PM
Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
Incorrect.
Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.
I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.
I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).
Please confirm with your lawyer and get your info right.
______________________
Not a legal advice.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
Incorrect.
Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.
I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.
I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).
Please confirm with your lawyer and get your info right.
______________________
Not a legal advice.
hot Puss in boots
new_horizon
12-14 10:11 AM
For how long is USCIS issuing the EAD & AP these days?
more...
house Shake Head Boots Cat Shrek
lostinbeta
02-05 04:46 PM
EG switched hosts and servers since then :-\
tattoo Boots cat in boots shrek.
pappu
11-16 06:09 PM
Non-immigrants are routinely charged a hefty premium on mortgages and loans just based on the fact that their stay in the US is limited in time - irrespective of what your credit score and other usual risk assessment metrics have to say.
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
could members explain this further with more information and facts if possible. we have not been covering this in our media interviews and facts about hardships we face.
infact it would be better if finance gurus and others on the forum can help list various ways in which h1b visa holders suffer financially by not having a gc.
- mortgage rates are one.
more...
pictures Puss The Boots
anandrajesh
04-01 07:53 PM
Both Faxes sent to Minnesota Senators.
I sincerely appreciate all the hard work the IV members are putting toward this common goal.
I sincerely appreciate all the hard work the IV members are putting toward this common goal.
dresses Shrek Cat
logiclife
12-12 12:58 PM
im waiting for the groans and moans
You wont be disappointed.
You wont be disappointed.
more...
makeup It#39;s a spin-off from the Shrek
conchshell
07-25 01:15 PM
It is not about you browsing on this forum continously..it is about you not paying attention to your wife continoulsy.:D:D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
I know how you feel Chantu ... but what to do they all are from venus :D
Even if there would no IV..wife will tell you the same for some other stuff you are following vigourously.
I know how you feel Chantu ... but what to do they all are from venus :D
girlfriend Puss in Boots heart melting
another one
07-10 10:10 AM
You can sue this guy successfully there is no doubt, but you should have guts to do.
Most people just have guts to rant here. They won't take flowers to USCIS office or even put some feedback comments on CNN website. Sad but true.
Most people just have guts to rant here. They won't take flowers to USCIS office or even put some feedback comments on CNN website. Sad but true.
hairstyles Shrek-Donkey- Puss in Boots
alterego
12-04 08:14 PM
this sounds more like, "Ok so you say the glass is half full, why is that great now?"
It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.
You call it cynical. I call it realistic my friend. If it makes you "feel good" and thats why you support the idea then fine. However the thread was started stating this is somehow good for our money. I am not convinced.
My point is, firstly this is a far way from fruition, and even if it happens there will be a queue of gov't bureaucrats lining up and licking their chops to meddle with it. Furthermore the leftist parties there will ensure that every socialist policy in the books will be applied to your so called retirement funds. A steady revenue stream of that magnitude will not be left in peace. That much I can assure you.
It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.
You call it cynical. I call it realistic my friend. If it makes you "feel good" and thats why you support the idea then fine. However the thread was started stating this is somehow good for our money. I am not convinced.
My point is, firstly this is a far way from fruition, and even if it happens there will be a queue of gov't bureaucrats lining up and licking their chops to meddle with it. Furthermore the leftist parties there will ensure that every socialist policy in the books will be applied to your so called retirement funds. A steady revenue stream of that magnitude will not be left in peace. That much I can assure you.
Prasad_FL
10-12 11:12 AM
I am sorry for you. But this issue is on IV's list. Infact we discussed this issue also with lawmakers on Sep 17th & 18th campaign. This point was included in the material that we gave to lawmakers. So it is very important for us to do our active role/participation for IV's action items. Please join state chapters and motivate other people who are in same situation. We can make a difference.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
desi3933
11-03 01:17 PM
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
Thank you so much for your kind words.
.
Big fan of yours!!!
Thank you so much for your kind words.
.
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