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Desertfox

02-06 03:52 AM

Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.

My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.

There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.

Thanks in advance for your comments on this.

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monkeyman

10-10 02:07 PM

Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.

For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -

Here is the title elt that

hoolahoous

02-04 10:53 AM

since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.

PS: I am not an attorney so consult an attorney first.

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little_willy

08-06 05:19 PM

^^^^^^^^^^

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nortam1

09-14 06:37 PM

Same boat here all.
J Barrett 10:25am Jul 2nd
No NOTHING received....

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NikNikon

August 14th, 2006, 11:01 PM

D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

Problem with H1 Employer [Archive] - Immigration Voice

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kaisersose

07-27 02:48 PM

Thanks. I will ask my employer if they can provide me one.

The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.

Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.

For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.

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uvision

February 2nd, 2005, 10:42 PM

OK....

"Father and Son" is a good shot - perhaps if you cropped it "tighter." However it does not really emphasize the ice-fishing activity as much as some other shots. The same goes for "Done for the Day." I wouldn't even know it was an ice fishing event - on Father and Son - you at least can see the "Fish Trap" letters ;-). Maybe it's just me.

Solitary fisherman is not as good of a shot for reasons mentioned by other posters. I would crop it tighter if you decide to use it. Include enough of the background to suggest solitude - but bring the subject closer. On the other hand - Solitary 2 is a great shot and while we can wish the fishing hole, the line and the rest were there - you have to work with what you have. I would perhaps use that one after all.

On purely "reporting" quality - have you considered "Look What I Caught !" (1 or 2) - the first one may not be the best one technically, the second one is better - but they do reflect what the fun of fishing is all about: catching fish ! Perhaps you could crop it/them differently to emphasize the boy with the fish.

I would probably go with Solitary Fisherman 2 in the end ;-)

Good luck.

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qplearn

09-30 05:45 PM

PERM started last year.. there are people who applied labour before that and still waiting.. i personally know two of my friends who applied for labour in april 2001 and still waiting for approval.

But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.

BUt thanks for your clarification. I used to think PERM has solved problems for all.

Diva Jessica Kresa in a

gcgreen

07-22 02:31 AM

Quoting the AC21 memo:
"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, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?

there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.

http://www.immigration.com/newsletter1/amendac21.pdf

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.

I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.

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ramus

05-30 09:00 PM

Bostn_gc, please help us..

While other members helping you can you also help IV and send some web-faxes..

Thanks.

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aranya

01-15 10:40 AM

Two things

1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.

2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.

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raysaikat

04-30 08:55 AM

2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.

This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".

Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.

The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?

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sekhar007

08-13 10:25 PM

Hi,

Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.

Appreciate the reply

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amitga

08-27 01:22 PM

Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:

BTW: It's a nice big and open facility!

How long you had to wait?
Where is the office located in Detroit?

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metoyou

11-05 10:08 AM

I was in the same boat as you. I did not get my wife's AOS receipt but all others ( 5 out of 6) . But when the FP notices came with her AOS receipt number on it, I thought USCIS may have misplaced the receipt.
Right after the fingerprint, we received this LUD on her AOS case:

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Notice returned as undeliverable.

On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.

I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?

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pyrosleepy

04-30 02:58 PM

Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this

I did not see it in murthy.com. Can you please paste the link or the text.

Thanks,

wwe divas championship belt.

gc_relief

04-27 03:09 PM

Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..

Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008

My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..

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minimalist

10-02 11:13 AM

I don't know why the guy brought up sarah palin when discussing joe biden. is it a must that something should be said about her for every gaffee that joe makes?remember how the congressman was sent packing after the macaca comment. why no outcry on this 7-11 comment? double standard?

Joe Biden is stating a fact that in Delaware most 711s are owned/operated by Indians. It is a fact the same way as most motels are owned/operated by Patels. You might have heard the saying " In US there are hotels, motels and Patels" Where as Macaca comment is making a insult based on how some one looks and also the specific word is a racial slur.

kzinjuwadia

05-13 11:48 PM

If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps

kris101

07-25 12:11 AM

Dear psaxena,

I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?

Thanks

flatargablink

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