Rajiv and his team are great. they are most cordial and supportive.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) seeks public comments on a proposed rule published in the Federal Register today that would enable USCIS to process certain applications approved between 1995 and 1998 by immigrant investors under the fifth preference employment-based immigrant visa classification, also known as EB-5.
I want to know how I can come back to US. I came US 2006 like a guest, stayed about 5 years & left US. But my family still there, ex-wife, two daughters older 20 year old & younger 17. When my daughter turns 21 year old can she apply for family reunification, especially for me?
One of the ways could be for your daughter to apply for your green card when she turns 21. The problem is, if you were unlawfully present in USA for more than a year, you may be barred from entering USA for 10 years.
If one applies through EB2 category can the PERM also be avoided then?
You can avoid the need for PERM through EB-2 only if you are applying for a National Interest Waiver.
Yes, an employer may use an electronic or web-based national professional journal to satisfy the regulatory provision at 20 CFR § 656.18(b)(3), which requires use of a national professional journal for advertisements for college or university teachers. The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal's website. Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement.
Revised September 28, 2011
Number 37
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now)
3. My I-485 filed by employer B is pending for more than 180 days.
4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.
Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)
1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485?
2. If we want to respond to EVL RFE using Employer C's offer then - How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date and
What should be the joining date to comply by AC21?
3. If I respond to this EVL RFE using employer B's job offer letter then - What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)? (FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)
It is perfectly legal for an employer to process the green card for you as long as they have the good faith intention and you have the good faith intention of joining them. However once I-140 is approved and I-485 through a future employer has been pending 180 days you’re not required to join them. You could join anyone with same or similar job anywhere in the United States. So AC21 protects not only jobs you already have in hand it also protects future jobs. As long as the intention is honest basically that is based upon your statements and that’s all that matters.
Now you are protected by AC21 job portability or green card portability you can take any job anywhere with any employer as long as it is similar to the job described by your employer B when they file your green card.
Question: During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485? If I cannot join them during I-485 adjudication.........can I use another job.
And the answer is - Yes, you can and you don’t have to prove that this offer was extended prior to I-485 adjudication. That too can be a future job offer and the joining date does not really have to be specified all that needs to be specified is that is it is their intention to offer you the job and accommodate you either before or promptly after the green card is approved.
So you have all the options open if you want to respond using a job offer from the future employer (employer B/employer A) all of them are open to you and ability to pay RFE is usually only relevant to the employer who filed your green card. So if I use AC21 and go from employer X to employer Y USCIS is not going to question employer Y’s ability to pay. But if you stay with employer X they can question the ability to pay all the way till you actually get the green card.
It was great.Cleared all my questions.Will recommend to anyone.