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 Phillies pitcher Cliff Lee;
sideeque
02-05 09:58 PM
I tried it. They might wont ask new approval notice. You should show that and get the expiry date in I-94 as same as your latest I-797 Approval notice.
You don't need to stamp visa as its not expired.....
Have a nice trip to India.
You don't need to stamp visa as its not expired.....
Have a nice trip to India.
wandmaker
10-07 03:24 PM
I need a little advice on sponspring my uncle vistor's visa from India
My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.
Does including his family members make any difference?
Also, having a different family name makes any difference in the sponsor's letter?
Any help is appreciated.
You can send a sponsorship letter along with other supporting documents like I-134, bank statements and etc. Ultimately, your uncle has to prove and convince the consular officer that he has strong ties in India in order for him to obtain the visa.
My uncle works in auto industry and I would like to nspor him for a vistor visa. His family will not be visting and he is taking care of his in-laws as well.
Does including his family members make any difference?
Also, having a different family name makes any difference in the sponsor's letter?
Any help is appreciated.
You can send a sponsorship letter along with other supporting documents like I-134, bank statements and etc. Ultimately, your uncle has to prove and convince the consular officer that he has strong ties in India in order for him to obtain the visa.
2011 starting pitcher Cliff Lee
H1bslave
07-30 03:50 PM
^^^^^^^^^^^^^^^
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zwswim
01-26 03:42 PM
If she will not be able to get F1, what will be her status in USA ?
nhfirefighter13
June 12th, 2005, 06:37 AM
Nice work, Josh. Congrats on the new toys!
One bit of constructive critisism though...you need more DOF on the strawberry, IMO. :)
One bit of constructive critisism though...you need more DOF on the strawberry, IMO. :)
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sukhyani
10-04 10:16 AM
Anybody? Any thoughts? Does it mean they are processing his case?
2010 Kitsap Photos. Philadelphia
gc_buddy
07-24 01:27 PM
To my knowledge, the PD field is always blank for EAD reciept notices.
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
more...
sanjay02
05-31 02:58 PM
Hi
When renewing EAD paper filing not E-file, I had written the check in favor of USCIS instead of "U.S.Department of Homeland security" , do you think there would be a issue for them to accept the cheque?
Thnks
When renewing EAD paper filing not E-file, I had written the check in favor of USCIS instead of "U.S.Department of Homeland security" , do you think there would be a issue for them to accept the cheque?
Thnks
hair dresses Will Cliff Lee be
BMWX5
12-26 08:28 AM
Hi
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
I talked to lot of people about using AC21, nobody is clear.
Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
PS: Sorry I could not answer your question.
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
I talked to lot of people about using AC21, nobody is clear.
Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
PS: Sorry I could not answer your question.
more...
andyny73
12-08 08:37 PM
Hi,
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
hot Phillies pitcher Cliff Lee
MatsP
February 2nd, 2006, 05:56 AM
We've been discussing this before... here (http://www.dphoto.us/forum/showthread.php?t=4551) for example.
Yes, Macro photography really needs small apertures..
--
Mats
Yes, Macro photography really needs small apertures..
--
Mats