gk_2000
04-19 02:21 PM
Democrats are PLAIN DISGUSTING! <RETCH>!!!
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unitednations
03-16 02:22 AM
Welcome back UN. One question. Does the USCIS have ability to check credit histroy.
There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.
They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.
I actually came across a case where a company had 14- denied for ability to pay.
There was a merger between companies and the new company filed the 140 using old companies labor.
In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);
since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.
I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.
If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.
There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.
They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.
I actually came across a case where a company had 14- denied for ability to pay.
There was a merger between companies and the new company filed the 140 using old companies labor.
In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);
since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.
I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.
If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.
anilsal
07-21 02:31 PM
Let us hear more info from the IV core about the SKIL bill and why the dems voted nay for it. Just do not go analyzing things from your perspective, on a public forum.
Just the way, IV was instrumental in getting the July Visa Bulletin fiasco rectified, they are on top of everything(I am sure). Have a nice week end.
Why don't you PM the core members directly looking for answers?
Just the way, IV was instrumental in getting the July Visa Bulletin fiasco rectified, they are on top of everything(I am sure). Have a nice week end.
Why don't you PM the core members directly looking for answers?
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belmontboy
04-21 02:29 PM
I heard famous indian crab stroy....are you that crab.
Please be positive. Please support our request.
US is a great country. Always value human values more than any other country.
I love US. That is why i am here.
Whoa, the same old crab story is back.
You sound like someone who knows the proceedings here very well.
New members wouldnot know the crab story
Did you create a new ID for having fun??
Please be positive. Please support our request.
US is a great country. Always value human values more than any other country.
I love US. That is why i am here.
Whoa, the same old crab story is back.
You sound like someone who knows the proceedings here very well.
New members wouldnot know the crab story
Did you create a new ID for having fun??
more...
dish
10-18 10:12 PM
Spouse working - Yes, in theory they could allow H4 to work. However would that be any job? If so then the H4 would actually be far better off than the H-1B who is restricted by job category and employer qualification
Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.
Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.
So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.
I disagree, GC has more .... Like doing business in here. and no need for getting visa stamps.
I would be happy if a visa like the TN-Visa made available to all not only to canadian and mexican nationals, though it doesn't have a Path to GC.
Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.
Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.
So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.
I disagree, GC has more .... Like doing business in here. and no need for getting visa stamps.
I would be happy if a visa like the TN-Visa made available to all not only to canadian and mexican nationals, though it doesn't have a Path to GC.
pmpforgc
02-19 09:22 AM
I tried without success to get a life insurance here in the US, the reason: no GC. You can get life insurance but the premiums are outrageous.
Agent from New yourk Life told me that other comanies are not familiar with non-GC (such as US on H-1B candidates) so they are not ready to go for h-1B life insurance, but since New yourk life is Already in market for other ethanic communities that understand other immigration issues and ready to go for Non-GC candiadates too.
so my question is have you approached them during your efforts, what were your conclusions if you approached them.
Agent from New yourk Life told me that other comanies are not familiar with non-GC (such as US on H-1B candidates) so they are not ready to go for h-1B life insurance, but since New yourk life is Already in market for other ethanic communities that understand other immigration issues and ready to go for Non-GC candiadates too.
so my question is have you approached them during your efforts, what were your conclusions if you approached them.
more...
yabayaba
08-19 09:58 AM
Wow OOOOOOOOLLLLLLLLLDD thread.
Here is new link (HR 2709, Jun 4):
H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
What is the status on this Bill? Any updates?
Here is new link (HR 2709, Jun 4):
H.R. 2709: Reuniting Families Act (GovTrack.us) (http://www.govtrack.us/congress/bill.xpd?bill=h111-2709)
What is the status on this Bill? Any updates?
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miththoo
11-05 08:06 PM
Can the wire transfer be requested online using ICICI's(or HDFC's) website ? Or do you need personnally do it from India ?
more...
jgh_res
04-15 06:55 PM
Sorry to hear abt your situation. But buy some insurance either thru COBRA or just generally. Dont go to emergency room without insurance. Not a wise idea.
The last thing you want to worry abt is medical insurance.
I know couple of states like atlanta & texas with out having insurance also they will admitted the pregnent people.
In atlanta
Link
http://www.gradyhealthsystem.org/Misc/ContactUs.asp
Ask them if they have any chain system or else you can go for atlanta (That is the worst situation.) I know they charge only very less amount..... Please let me know if you need any thing else.
The last thing you want to worry abt is medical insurance.
I know couple of states like atlanta & texas with out having insurance also they will admitted the pregnent people.
In atlanta
Link
http://www.gradyhealthsystem.org/Misc/ContactUs.asp
Ask them if they have any chain system or else you can go for atlanta (That is the worst situation.) I know they charge only very less amount..... Please let me know if you need any thing else.
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arnab221
04-25 10:32 PM
The problem here is not the immigration system it is sheer number of people who want to become permanent residents . The queues in Canada and Australia are far far far smaller so the point system works smoothly. The main disadvantage of the point based immigration system is that if the people in the line increase, the points will be immediately be increased so that fewer qualify .Then there will always be people like Lou Dobbs who will say that "potential immigrants will get points only if they make 240K a year and are 25 years of age". The UK is also restricting people by increasing the point based system. Now people who make 35,000 GBP a year do not get any points in the HSMP. The age also has been decreased in HSMP. So the point based system works where the queues are smaller unlike the US. The risks of point based system getting changed everyday are far larger than the US based system , which gives Green cards without any hard and fast numbers like salary , age and qualifications .
more...
kak1978
08-10 11:18 PM
May be the Law firm signed up for the bulletin email and they got it through email. Did anyone here subscribe to the email?
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USINPAC
07-13 02:57 PM
July 13, 2007
Aman Kapoor
Co-Founder
Immigration Voice
P.O. Box 114
Dayton, NJ 08810
aman@immigrationvoice.org
Dear Aman,
This letter is regarding the article "Say it with flowers: Gandhigiri for US green cards" published by the Indian Express on Wednesday, July 11, 2007. The article erroneously indicated that Robinder Sachdev from USINPAC was a coordinator of the flower protest initiative. As you obviously know, this is incorrect. I assure you that Mr. Sachdev did not make this false representation. We are reaching out to the reporter requesting they publish a clarification. USINPAC is aware that the flower plan was originated and organized by Immigration Voice and has responded to all enquiries accordingly. Please feel free to call (202-276-7946) or email me on this, if you have any further questions.
Warm Regards,
Surabhi Garg
Director, Member Initiatives
202-276-7946 (Cell#)
sgarg@usinpac.com
www.usinpac.com
Aman Kapoor
Co-Founder
Immigration Voice
P.O. Box 114
Dayton, NJ 08810
aman@immigrationvoice.org
Dear Aman,
This letter is regarding the article "Say it with flowers: Gandhigiri for US green cards" published by the Indian Express on Wednesday, July 11, 2007. The article erroneously indicated that Robinder Sachdev from USINPAC was a coordinator of the flower protest initiative. As you obviously know, this is incorrect. I assure you that Mr. Sachdev did not make this false representation. We are reaching out to the reporter requesting they publish a clarification. USINPAC is aware that the flower plan was originated and organized by Immigration Voice and has responded to all enquiries accordingly. Please feel free to call (202-276-7946) or email me on this, if you have any further questions.
Warm Regards,
Surabhi Garg
Director, Member Initiatives
202-276-7946 (Cell#)
sgarg@usinpac.com
www.usinpac.com
more...
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Goodintentions
04-11 07:57 AM
You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
You may verify the same with lawyers and gurus.
=================
Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)
AC21 and I-140 Revocation : INS Inconsistent on I-485s
Posted Feb 07, 2003
The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.
For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.
We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.
� The Law Office of Sheela Murthy, P.C.
==================
Best wishes!!!
You may verify the same with lawyers and gurus.
=================
Kindly read text below. Based on whatever is said here, an element of risk still exists if your ex-employer decides to harass you. As someone had pointed out in one of the threads, what is supported here is long term indentured labour keeping people like like us perpetually under the mercy of the greedy employers. Do we have really anything in our favour ??? :) :) :)
AC21 and I-140 Revocation : INS Inconsistent on I-485s
Posted Feb 07, 2003
The law and applications of the law are ever-changing. What seems to be firm ground one day turns to quicksand the next. And so it goes with AC21 and the impact of I-140 revocation.
For more than a year, top-level INS officials have stated in AILA meetings that an I-485 that has been pending for 180 days or more can gain approval under AC21, even if the employer revokes the I-140. That is, once the I-485 has been pending for 180 days, the employer's revocation of an I-140 is ineffective as far as causing a denial of the I-485 in the context of AC21. The INS elaborated on this to clarify that the date of revocation of the I-140 is the date the INS acts upon the revocation request, not the date the request is made. Therefore, an individual could benefit by the INS' delays in processing routine mail. Our June 28, 2002 MurthyBulletin article, I-485 Approval after I-140 Revocation, available on MurthyDotCom, covers a victory involving this precise issue. Unfortunately, the INS guidance has never been submitted in writing. This is currently causing problems in several cases that have come to our attention.
We have recently become aware of cases in which the INS has denied I-485s due to the revocation of the I-140 petition, even though the I-140 revocation occurred after the 180-day point. Motions to Reopen and Reconsider were filed asking that the cases be approved based upon the INS' stated policy. Both the California and Nebraska Service Centers issued denials of the Motions, essentially citing that there is no written policy. Accordingly, without a written policy, the INS cannot deviate from the general legal requirement that an I-485 application needs to be supported by an approved, un-revoked I-140 petition. We cannot be certain whether this is a change in policy or an issue requiring the training of examiners unaware of the policy.
The Law Office of Sheela Murthy recently contacted the INS Headquarters in Washington, D.C. to rectify this situation and urge that the INS follow their own guidance. INS policy personnel have reiterated that the I-485 application should not be denied if it has been pending for over 180 days based on a previously approved I-140 petition. INS Headquarters has informed our Office that they will contact the particular INS service centers to have them reconsider their earlier decisions, based on Headquarters' policy. However, INS has not yet addressed what happens to post-July 31, 2002, concurrently-filed cases in which the I-140 was never approved but the I-485 remains pending for over 180 days.
If AC21 is to have any meaning, the sponsoring employer must not retain control over the foreign national after the 180-day point. An individual's ability to obtain approval of an I-485 based on a job offer from a new employer should not rest upon the former employer's whim to revoke the I-140 petition or not. Fortunately, the majority of employers do not tend to revoke the I-140 petition. However, we have seen employers inadvertently revoke I-140s when the intent was to revoke the H1B petition, as is required under certain regulations. We have seen some employers attempt to retaliate against an ex-employee by revoking the I-140 petition after the 180-day point. We have seen employers revoke I-140s who simply do not want any extra papers bearing their names at INS. Employers hoping to hire more foreign nationals in the future may want to revoke the I-140 in order to use the labor certification and substitute another foreign national as the beneficiary. There are many reasons an employer may revoke an I-140. However, none of them is related to the spirit and intent of AC21 in allowing the beneficiary the freedom to move to another position and gain approval once the adjudication of the case has taken half a year or longer.
� The Law Office of Sheela Murthy, P.C.
==================
Best wishes!!!
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waitingmygc
02-11 05:54 PM
VinodMP,
Sorry to hear about your denial.
You haven�t mentioned about your education, maybe I missed it while reading the whole thread.
If your education was equivalent to US Masters (16 years) at the time of filling labor, in your case more specifically MTech or MCA etc. (16 years education) from India, both equivalent to US masters then it�s a wrong denial.
Sorry to hear about your denial.
You haven�t mentioned about your education, maybe I missed it while reading the whole thread.
If your education was equivalent to US Masters (16 years) at the time of filling labor, in your case more specifically MTech or MCA etc. (16 years education) from India, both equivalent to US masters then it�s a wrong denial.
more...
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vinodp1978
06-28 04:05 PM
Obviously i was wanting to know what the law states...and not a democratic answer. I dont always expect forums to quote the law correctly - use your judgement!
Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.
Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.
Correct my intrepretation of law if wrong..
Thanks anyway for that answer. My situation is different beacuse with the I-140 PP going away for now...and my H1B expiring Feb 2008...I am left with approved I-140,Labor and retrogressed dates to be eligible for 3yr extension.
Now that if 140 is pending ...then I am left with EAD as the only option to continue manitaing my status.
Correct my intrepretation of law if wrong..
dresses Half Sleeve Tattoo, tribal
BharatPremi
12-11 11:52 PM
Every movement should have following factors to succeed.
1) strategic, honest and commited leadership
2) strategic think tanks
3) High moral and ethical ground
4) Dedicated volunteers
5) high volume support from affected masses
6) Strong communication network
7) Constant flow of required finance, its control /management and proper
usage
8) strategic organization
9) strategic intelligence
10) Simple but valid and highly effective fighting methods.
What do you think, in which area you can be fit to make our movement stronger?
1) strategic, honest and commited leadership
2) strategic think tanks
3) High moral and ethical ground
4) Dedicated volunteers
5) high volume support from affected masses
6) Strong communication network
7) Constant flow of required finance, its control /management and proper
usage
8) strategic organization
9) strategic intelligence
10) Simple but valid and highly effective fighting methods.
What do you think, in which area you can be fit to make our movement stronger?
more...
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snathan
06-03 11:18 AM
Ronhia, I appreciate your comments. It needs conviction, dedication and consistent efforts to make such accomplishments. Moreover it also demonstrates the character of a person, who can motivate and inspire other kids in a positive way.. especially in an environment full of negative distractions.
If spelling bee competition is considered merely as just cramming the dictionary, as you rightly said we need to really spend some time looking beyond your own shell.
When you open a magazine, for sure, you tend to come across pages that may not be of interest to you. We skip the page and move on rather whining with words (yucky, stupid, senseless) that are inappropriate.
"Winning a national competition is not so great"... again it depends on what is so great to you !!!..
Well said...I couldnt have said any better.
If spelling bee competition is considered merely as just cramming the dictionary, as you rightly said we need to really spend some time looking beyond your own shell.
When you open a magazine, for sure, you tend to come across pages that may not be of interest to you. We skip the page and move on rather whining with words (yucky, stupid, senseless) that are inappropriate.
"Winning a national competition is not so great"... again it depends on what is so great to you !!!..
Well said...I couldnt have said any better.
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ANIANTCHEV
03-03 09:02 AM
I just PayPaled $300 yesterday. Please, keep all of us PBEC and DOL victims in mind as well. We need your help!!
hairstyles Labels: Celtic Tribal Tattoo
Openarms
06-02 05:24 PM
The summary in OpenCongress.org says below: that means it is only for family based gc not employmement based gc?? where can we read full info??
"
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more.
"
"
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more.
"
ItIsNotFunny
10-03 01:53 PM
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
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.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
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.
Do you believe IOs understand any of these complex rules? Few days before someone posted that at the time of final GC interview IO even didn't know at all about July fiasco!
h1techSlave
03-10 08:43 PM
Sure, your point is very much valid. What I understand from the Freakenomics experiment and EB3I behavior with respect to IV is that only a few folks have the perseverance to go all the way from D to B.
Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).
Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.
Interesting experiment, and I can see that is how human beings respond sometimes.
However we are guaranteed something in return when we TRY to do what we believe in, regardless of the odds as we see them: the satisfaction of DOING something about it, and a real shot at getting what we want.
Easy to try it. Pick anything, literally anything about your life you want to change (from changing your job to losing weight to calling up your parents more frequently).
Then WITHOUT THE FEAR OF FAILURE, do something about it. It will either work out, which will be terrific. Or it won't... maybe you don't success at that job interview after all, or you still put on weight. Even then, the satisfaction that comes from having TRIED is yours to keep! (Personally, I have found this to be more motivating for trying those things again, as opposed to the hopelessness that results from not trying and then seeing things not improve.) And of course, since failure is only one of two possibilities that there can be, you do succeed 50% of the times that you try honestly!
In case of IV's efforts including the upcoming Advocacy Day, that is exactly how I feel.
Take 100 folks with C grade and give them the $50 offer for B. May be 80% will reach that goal. (I do not recall the actual results of the experiment).
Take 100 folks with D grade and give them the $50 offer for B. Ideally we should see 80% of folks improving their grade to a C (one level up). But in real life only may be half as much (40%) will actually improve their grades to a C.
Interesting experiment, and I can see that is how human beings respond sometimes.
However we are guaranteed something in return when we TRY to do what we believe in, regardless of the odds as we see them: the satisfaction of DOING something about it, and a real shot at getting what we want.
Easy to try it. Pick anything, literally anything about your life you want to change (from changing your job to losing weight to calling up your parents more frequently).
Then WITHOUT THE FEAR OF FAILURE, do something about it. It will either work out, which will be terrific. Or it won't... maybe you don't success at that job interview after all, or you still put on weight. Even then, the satisfaction that comes from having TRIED is yours to keep! (Personally, I have found this to be more motivating for trying those things again, as opposed to the hopelessness that results from not trying and then seeing things not improve.) And of course, since failure is only one of two possibilities that there can be, you do succeed 50% of the times that you try honestly!
In case of IV's efforts including the upcoming Advocacy Day, that is exactly how I feel.
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