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Tuesday, June 14, 2011

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eager_immi07-20 03:55 PMCan someone post where they have stopped issuing interim EADs. I have not come across any USCIS specific website.

Thanks



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gmail07-22 01:31 AMTake advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

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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Hermione09-25 12:49 PMHas your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.



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milind7006-25 09:39 PMMy H4 spouse left the country for vacation on May 25 (before h4 expiry)
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.

The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.

you dont require to file I 539 since she is out of the country ,so currently she has no status .

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rpulipati10-05 03:11 PMI had similar situation in labor process. The new company attorney mentioned me to do an amendment for labor processing, however I was reluctant and did not continue with it. An year later on pending labor, I received RFE: something like unable to find company. Attorney then sent the company acquisition details. Months later labor got approved.

Talk to your attorney.



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s41650408-30 10:58 AM??

Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green

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helpfriends04-15 01:35 PMI thought it would be considered fraudulent. I don't know why they didn't wait until the L1 application was approved first before coming over - it was only a week later? It makes no sense.

Thanks for your input.



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Nikhil203-21 08:02 AMDoes anybody have more comments on this case?

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