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
wallpaper Korean+hairstyles+for+men+2011
ss1026
05-06 10:11 AM
This is a small immigration firm with one attorney but he is very knowledge and detailed . He goes by the book and provides copies of every document that he submits which I personally find very useful. A lot of my friends never get a copy of their applications so I wanted to point this out.
He does not appreciate too many phone calls and is not very patient but I feel he knows what he is doing. His support staff is very helpful.
He does not appreciate too many phone calls and is not very patient but I feel he knows what he is doing. His support staff is very helpful.
nirmal301
03-26 11:03 PM
Hi,
Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.
You will find many scams to take H1 fees and never return your money back.
But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.
Whether to pay or not ?
It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.
I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.
Regards,
Nirms
Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.
You will find many scams to take H1 fees and never return your money back.
But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.
Whether to pay or not ?
It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.
I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.
Regards,
Nirms
2011 Blonde Girls | Latest
ferozmd
09-21 04:12 PM
I'm in the same boat.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
more...
sundarm123
12-12 07:55 PM
H1B petition filed for H1B extension in regular processing on Nov 14 2007 in CSC and on 16th USPS has acknowledge that application has been delivered to USCIS and signed by GERORGE. I haven’t received receipt number till today. Is there any delay for receipt notice?
nagamani
07-02 06:33 AM
Arizona immigration law backer politician Barry Wong wants to cut power from illegal immigrant homes (http://www.nydailynews.com/news/national/2010/06/30/2010-06-30_arizona_immigration_law_backer_politician_barry _wong_wants_to_cut_power_from_ill.html)
One Arizona politician has made a vow to make illegal immigrants powerless -- literally.
Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.
Rest all states should pass similiar law............
One Arizona politician has made a vow to make illegal immigrants powerless -- literally.
Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.
Rest all states should pass similiar law............
more...
canmt
11-14 07:43 AM
Guys,
My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?
Current Status: Card production ordered.
we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have not received the card as yet, any ideas as to how long it is going to take?
My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?
Current Status: Card production ordered.
we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have not received the card as yet, any ideas as to how long it is going to take?
2010 hairstyles for girls 2011.
SK2007
03-27 02:27 PM
Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.
Applying for H4 while being in India might be the easiest. She can still continue her studies on H4, if she wants.
Applying for H4 while being in India might be the easiest. She can still continue her studies on H4, if she wants.
more...
vsrinir
05-14 04:41 PM
http://judiciary.senate.gov/hearings/hearing.cfm?id=3859
�Securing the Borders and America's Points of Entry, What Remains to Be Done�
Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: May 20, 2009
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
May 13, 2009
NOTICE OF SUBCOMMITTEE HEARING
The Senate Committee on the Judiciary, Subcommittee on Immigration, Refugees and Border Security will hold a hearing entitled "Securing the Borders and America's Points of Entry, What Remains to Be Done" on Wednesday, May 20, 2009 at 10:00 a.m. in Room 226 of the Senate Dirksen Office Building.
Chairman Schumer will preside.
By order of the Chairman
Witness List
Hearing before the Senate Judiciary Committee
Subcommittee on Immigration, Refugees and Border Security
on
"Securing the Borders and America's Points of Entry, What Remains to Be Done"
Wednesday, May 20, 2009
Dirksen Office Building Room 226
10:00 a.m.
Panel I
Jayson Ahearn
Acting Commissioner
U.S. Customs and Border Protection
Washington, DC
Marcy Forman
Director of the Office of Investigations
U.S. Immigration and Customs Enforcement
Washington, DC
Mark Borkowski
Executive Director of the Secure Border Initiative
U.S. Customs and Border Protection
Washington, DC
Panel II
The Honorable J.D. Hayworth
Former United States Representative, 5th District of Arizona
Phoenix, AZ
Richard Wiles
Sheriff
El Paso County, Texas
El Paso, Texas.
The Honorable Chad Foster
Mayor
City of Eagle Pass, Texas
Eagle Pass, Texas
Dr. Douglas Massey
Professor of Sociology and Public Affairs
Princeton University
Princeton, NJ
�Securing the Borders and America's Points of Entry, What Remains to Be Done�
Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: May 20, 2009
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
May 13, 2009
NOTICE OF SUBCOMMITTEE HEARING
The Senate Committee on the Judiciary, Subcommittee on Immigration, Refugees and Border Security will hold a hearing entitled "Securing the Borders and America's Points of Entry, What Remains to Be Done" on Wednesday, May 20, 2009 at 10:00 a.m. in Room 226 of the Senate Dirksen Office Building.
Chairman Schumer will preside.
By order of the Chairman
Witness List
Hearing before the Senate Judiciary Committee
Subcommittee on Immigration, Refugees and Border Security
on
"Securing the Borders and America's Points of Entry, What Remains to Be Done"
Wednesday, May 20, 2009
Dirksen Office Building Room 226
10:00 a.m.
Panel I
Jayson Ahearn
Acting Commissioner
U.S. Customs and Border Protection
Washington, DC
Marcy Forman
Director of the Office of Investigations
U.S. Immigration and Customs Enforcement
Washington, DC
Mark Borkowski
Executive Director of the Secure Border Initiative
U.S. Customs and Border Protection
Washington, DC
Panel II
The Honorable J.D. Hayworth
Former United States Representative, 5th District of Arizona
Phoenix, AZ
Richard Wiles
Sheriff
El Paso County, Texas
El Paso, Texas.
The Honorable Chad Foster
Mayor
City of Eagle Pass, Texas
Eagle Pass, Texas
Dr. Douglas Massey
Professor of Sociology and Public Affairs
Princeton University
Princeton, NJ
hair new hairstyles for girls 2011.
Desertfox
02-26 01:24 PM
I was in the same boat and I can tell you that you have to pretty much depand on your company attorney. In my case it took 2-3 inch thick stack of documents to prove the relationship of the US company with its foreign subsidiary and if you are trying to get L-1A (multinational executive/manager), it will take another bunch of documents to prove your credibility, your existing status with the company as a manager/executive in the foreign subsidiary, your proposed role in the US company and a lot more. I guess it would be wise for you to let the attorney handle the case as you probably won't have much to do with the whole process. However, the positive news for you is that almost all of the well documented and properly filed L-1 petitions are approved by USCIS, and any experienced immigration attorney won’t have much of a problem getting you approved.:)
more...
lonedesi
07-27 08:19 AM
I happened to read the following on a different thread on IV
"for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date."
Does it mean that any packages that were sent out yesterday(Thursday) will be delivered today(Friday), but USCIS will only pick it up on Monday morning and then assign Monday as the receipt date? Anyone with some knowledge on this, please clarify.
"for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date."
Does it mean that any packages that were sent out yesterday(Thursday) will be delivered today(Friday), but USCIS will only pick it up on Monday morning and then assign Monday as the receipt date? Anyone with some knowledge on this, please clarify.
hot By Latest Hairstyles 2011
stefanusc
03-13 01:21 PM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
more...
house Long Hairstyles for Girls
prapro
06-05 10:56 PM
I am talking about I 485 only. In my 485, preparer name, Phone number, E mail address and company address printed but there is no signature and date.
tattoo 2011 New Girls Emo Hairstyles
needhelp!
10-10 04:05 PM
Date: Saturday, October 13, 2007
Start Time: 4:00 PM Central Daylight Time
Dial-in Number: 1-785-686-2400 (Kansas)
Access Code: Available to members of TX State Chapter (http://groups.yahoo.com/group/texasiv)
Please join the upcoming call for updates on current activity/future plans.
Start Time: 4:00 PM Central Daylight Time
Dial-in Number: 1-785-686-2400 (Kansas)
Access Code: Available to members of TX State Chapter (http://groups.yahoo.com/group/texasiv)
Please join the upcoming call for updates on current activity/future plans.
more...
pictures Pictures of 2010-2011 modern
shreekhand
02-22 08:41 PM
After Employment Green Card wait 5 years.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
Again, incorrect.
It is is 5 years for all Family based except marriage to US Citizen (where it is 3 years).
It is NOT 3 years after conditional residence - It is a total of 3 years.
Go check USCIS publication M-476 to enlighten yourselves.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
Again, incorrect.
It is is 5 years for all Family based except marriage to US Citizen (where it is 3 years).
It is NOT 3 years after conditional residence - It is a total of 3 years.
Go check USCIS publication M-476 to enlighten yourselves.
dresses latest hairstyles for girls
Anders �stberg
April 3rd, 2005, 01:39 PM
I like #2, nicer colors and looks more natural to me.
Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
more...
makeup New Short Hairstyles For Girls
senk1s
06-04 01:43 AM
I dont know - but call uscis and ask - also you may take an infopass appointment and find out what to do in such cases
If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)
If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)
girlfriend hairstyles 2011 short pictures
.jpg "Emo Hairstyles For Girls 2011.")
kk_kk
09-20 01:56 PM
yes. you can. Just DON'T cancel. Keep them suspended. You have your utilities also suspended in the same way for much lesser fee.
hairstyles hairstyles for girls 2011
user
09-24 10:09 AM
No offense to op but this article is as valid as saying visa recapture will PROBABLY happen soon.
Infact if you replace economy with recapture and Bernanke with... well pick any name (Lou Dobbs ?) it would be just as reassuring.
Just seeing from my perspective... no offense intended to anyone.
Good day.
" Wait! Are you prepared for the consequences?" - Me.
Infact if you replace economy with recapture and Bernanke with... well pick any name (Lou Dobbs ?) it would be just as reassuring.
Just seeing from my perspective... no offense intended to anyone.
Good day.
" Wait! Are you prepared for the consequences?" - Me.
needhelp!
10-15 12:20 PM
bump
Lousiana.. do you have a chapter yet. If not, please join Texas.
Lousiana.. do you have a chapter yet. If not, please join Texas.
waiting4gc02
02-28 03:31 PM
Thanks for the suggestion.
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
No comments:
Post a Comment