phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 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.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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Kevin Sadler
June 6th, 2005, 05:34 AM
I put in my thumbs up for the 3d effect. Very cool. The first thought that comes to my mind is one of those lovey dovey greeting cards with the gold scripted lettering. This is definitely a candidate for that.
h1bee
10-02 10:59 AM
In case my H1B is revoked, do I still have the option of filing from a different company as I still have more than year left on my original visa? or can I still do a transfer?
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pnjbindia
07-08 07:09 PM
are you guys saying that the "costs" for the medical exams can be reimbursed by our insurance companies? I did not know that... In case that is true, I will submit mine for reimbursement...
thanks for the info..
thanks for the info..
more...
snathan
02-28 11:34 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
Its illegal and you can not attend only online course with F1 visa.
Thank you very much.
Its illegal and you can not attend only online course with F1 visa.
jkid169
07-17 02:00 PM
It seems that this guy is trying to do the same thing
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163- d893-4545-9f29-863bbd0c710a (http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163-%20d893-4545-9f29-863bbd0c710a)
I tried the suggestion solution: convert all the extensions to xps, then use DocumentViewer to display the file. It's quite neat. Short and simple code!
However, the adding comment part still remains to be solved...
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163- d893-4545-9f29-863bbd0c710a (http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/f61a5163-%20d893-4545-9f29-863bbd0c710a)
I tried the suggestion solution: convert all the extensions to xps, then use DocumentViewer to display the file. It's quite neat. Short and simple code!
However, the adding comment part still remains to be solved...
more...
beautifulMind
04-17 10:35 PM
I am currently on EAD from 485 application (no H1b)..My 485 is applied in eb3 category. Also i-140 is approved.. I have moved to a new position in the same compnay where the job duties are 50% different from the earlier position.The Position also entitles me to start another Green card application under EB2. My QUestion is
Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
Is it possible to apply for another GC in Eb2 and use the EAd status from the Eb3 application? Since I do not have
an h1b my only valid status in US is EAD and 485 from the Eb3 application
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like_watching_paint_dry
06-03 09:10 PM
should I get a white cat or black cat
I want to avoid me being racist on cats.
No wait, it can be better..
My friend wants to buy a cat which one should he get black or white.
Get a zebra.
No wait. Tell your friend to get a Zebra.
I want to avoid me being racist on cats.
No wait, it can be better..
My friend wants to buy a cat which one should he get black or white.
Get a zebra.
No wait. Tell your friend to get a Zebra.
more...
newtoh1
03-25 11:00 AM
Hi,
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
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hpandey
07-15 01:47 PM
I have a EAD valid for next 2 years and H1 is also valid till Nov 2010, my employer want to cancel my H1 and to put me on EAD. Is there any kind of risk involved in doing so, Please suggest.
There is not much risk in moving to EAD but I don't get why your employer wants to cancel an H1 which is valid till 2010. I have seen employers not wanting to extend an H1 if the employee has an EAD but going out of way to cancel a valid H1 seems extreme.
Tell your employer to continue your employment on H1 until it expires and then they can start you on EAD. That would give you enough time to think of the PROs and CONS.
A lot of people move to EAD ( don't renew H1 ) since it only costs more money for the company ( although it provides a small safety net in case your I-485 is in jeopardy somehow ). In my view it is very safe to move to EAD but again in your case I would ask the company to wait till 2010 for your current H1 to expire.
There is not much risk in moving to EAD but I don't get why your employer wants to cancel an H1 which is valid till 2010. I have seen employers not wanting to extend an H1 if the employee has an EAD but going out of way to cancel a valid H1 seems extreme.
Tell your employer to continue your employment on H1 until it expires and then they can start you on EAD. That would give you enough time to think of the PROs and CONS.
A lot of people move to EAD ( don't renew H1 ) since it only costs more money for the company ( although it provides a small safety net in case your I-485 is in jeopardy somehow ). In my view it is very safe to move to EAD but again in your case I would ask the company to wait till 2010 for your current H1 to expire.
more...
jville
10-29 04:31 PM
I am planning to file a Fed Court case against USCIS for incorrect denial of I148 with AC21.
Appreciate if have any input/info on below,
1. How much typically a Fed court case cost?
2. Any recommendation of good attorney for this?
3. Any other information/input
Appreciate if have any input/info on below,
1. How much typically a Fed court case cost?
2. Any recommendation of good attorney for this?
3. Any other information/input
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chapsi29
08-01 09:37 AM
My husband has got a query on his I-140 now and it would take another 2-3 months before USICS makes a decision. His company is not doing well financially and we are worried if the I-140 would get denied. My understanding is, if the I-140 gets denied, the EAD will no longer be valid.
Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?
Thanks
Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?
Thanks
more...
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LOL123
07-29 03:35 PM
When can we send this fax to expedite the service? Is there any days restriction? like only 60 days after you have applied for EAD? Is there any fee involved?
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lj_rr
05-11 02:23 PM
Hi,
My confirmation receipt says.
Please mail in any supporting documentation to this address:
US Mail:
Attn: E-Filed I-765
USCIS Nebraska Service Center
P.O. Box 87373
Should this be send by USPS or Fedex. What did you guys do?
My confirmation receipt says.
Please mail in any supporting documentation to this address:
US Mail:
Attn: E-Filed I-765
USCIS Nebraska Service Center
P.O. Box 87373
Should this be send by USPS or Fedex. What did you guys do?
more...
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omahaguy
01-12 10:46 PM
I am planning to sponsor for my wife's grand mother visior visa.
She is widower and all her children in India.
Is it difficult to get visitor visa to her?
She is widower and all her children in India.
Is it difficult to get visitor visa to her?
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BharatPremi
07-23 11:32 PM
If they reject the application if a signature or something is missing. Can we refile again? Or do we wait for PD to become current again.
In my oinion,
1) you can file again before August 17th if you got a rejection notification well before that.
2) If you may not be able to send proper application till August 17th then yes you will have to wait till PD becomes current again
In my oinion,
1) you can file again before August 17th if you got a rejection notification well before that.
2) If you may not be able to send proper application till August 17th then yes you will have to wait till PD becomes current again
more...
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vayumahesh
03-31 05:28 PM
I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
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nomi
04-18 09:02 PM
Please select any of one from following options that fits your situation
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aamchimumbai
02-04 09:40 AM
Folks,
This message is for people who left US before AP was approved.
My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.
At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.
I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.
Hope this helps. Let me know if you have any questions.
This message is for people who left US before AP was approved.
My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.
At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.
I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.
Hope this helps. Let me know if you have any questions.
desibechara
07-20 07:36 PM
I am keeping fingers crossed.
The Cover letter shows the confirmation with employer name and SOC code and Dallas BEC # . It says that ETA750 is enclosed which of course is mailed to lawyer.
So you mean to say that I can file another I140 just with additional information when I receive the package or wait for RFE and then send the originals.
DB
The Cover letter shows the confirmation with employer name and SOC code and Dallas BEC # . It says that ETA750 is enclosed which of course is mailed to lawyer.
So you mean to say that I can file another I140 just with additional information when I receive the package or wait for RFE and then send the originals.
DB
purgan
04-04 08:52 PM
HI All,
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
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