[Federal Register: July 22, 2010 (Volume 75, Number 140)]
[Rules and Regulations]
[Page 42575-42579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy10-2]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 274a
[ICE 2345-05; DHS-2005-0046]
RIN 1653-AA47
We just did recently receive our US Green Card (EB2) for both my wife and me. Keeping all those melodrama apart, in short, is extremely pleased and has no words to express ourselves. We want to thank everyone working with Law Offices of Rajiv (Immigration.com) and especially Mathew, Suman-Ji, Bharathi, Anna, Rita and last but not the least Rajiv himself. On a true note, they are extremely professional and super prompt in answering any of your stupidest questions on Immigration. Rajiv is extremely desperate in taking cases through to positive destiny using and interpreting every piece of immigration law that according to me, a lot of his competitors would try and avoid.
In last 6-years they have done our multiple successful H1B/H4 renewals, this Green Card case, and hopefully would be the one helping us on our US Citizenship process, about 5-years from now.
All of you guys out there, if you have any immigration issues, and want a little piece of mind, please do not wait. schedule an immediate appointment with them and be happy from thereon.
Just for information, our US born baby girl is about 2.5 months old now. Once she grows up a bit, would surely want to pay them a visit. We wish them all the very best as of now and in future.
The Student and Exchange Visitor Program (SEVP) manages the Student and Exchange Visitor Information System (SEVIS). SEVP is a program under the Immigration and Customs Enforcement (ICE) agency within Department of Homeland Security (DHS).
WASHINGTON - U.S. Immigration and Customs Enforcement (ICE) announced today the launch of ICE's Online Detainee Locator System (ODLS), a public, Internet-based tool designed to assist family members, attorneys and other interested parties in locating detained aliens in ICE custody. The creation and implementation of the ODLS is a concrete example of ICE's commitment to detention reform.
On April 15, 2010, U.S. Citizenship and Immigration Services (USCIS) launched the USCIS Policy Review, an unprecedented, top-to-bottom examination the agency’s adjudication and customer service policies with the engaged participation of the USCIS workforce and the public.
In April, USCIS launched a comprehensive effort to review all of its adjudication and customer service policies. USCIS invited the workforce and external stakeholders to complete a survey identifying their priorities for the Policy Review. This is the beginning of a long-term effort to ensure our policies reflect our fundamental mission and core values of consistency, integrity, transparency and efficiency.
My Wife recieved her green card recently and it took 3yrs for the whole process. I would like to thank Mathew chacko and prerna mehta for assisting us for the whole process. I really appreciate their timely response for all our immigration needs while the GC was in process. We are thankful to Rajiv and his staff.
7. What documentation and/or notice is needed when an employer undergoing Supervised Recruitment changes its attorney/agent?
This week, we have received an Oustanding Researcher approval in one day. I hope and wish we could see more of this lacrity in USCIS adjudications. Details of the case are here:
http://www.immigration.com/sample-ca...proved-one-day
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.
With the good movement in the Aug 2010 bulletin, the AOS got approved for my family. Without the guidance of the entire team at Law offices of Rajiv Khanna that worked on my case, this would not have been possible. To name a few that i remember starting with Rajiv who gave me good confidence to hire him for the services during our intial conversations: Rajiv, Prerna, Richa, Moahana, Mathew, Anna, Leslie, Heather, Mark. I am sorry if i have missed out anyone and the people behind the scenes. Each one of these guys have been amazing and great and never was i disappointed in the whole process (except for the long wait, which is not your fault). I very fondly remember the visagate episode in 2007. When the word spread around about it, it was late in the evening and someone was there in your office to answer my queries, which helped me make a decision to drive overnight, down to Staunton from New Haven CT, along with my 4 month old, my wife and my father in law to reach there early morning and finish the process of filing for the I-140 and I-485. Everybody at the office was very helpful even under the stress that they were in when being bombarded by so much to do in such a short time. Additionally i believe the right advise was always delivered in a timely manner and everyone worked with me to help my case progress at a good pace. I cannot thank you enough for all your help and guidance and would very highly recommend your services to anyone. Thanks again for your help. Warm Regards Yash Agarwal