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Locating A Long-Pending I-485 Application and Priority Dates

11 years ago By Chief Editor

Question details

1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”?

2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?

1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS. It is advisable to follow up in case no useful answer is forthcoming. USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.

It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.

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Ability to Pay

11 years ago By Chief Editor

Question details

1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?

2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?

3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?

4. Why are prorated net assets not sufficient evidence to support ability to pay?

5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?

1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.

2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.

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Extension of Validity of Medical Certifications on Form I-693

11 years ago By Chief Editor

This policy memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants.This PM updates the Adjudicator’s Field Manual (AFM) by revising Chapter 40.1(c), (AFM Update AD 13-13). The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.

Click the attachment to read more about the memorandum.

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Guestbook Entry for Wai-Tung Hal Lee , United States

19 years ago By Chief Editor

Name

Wai-Tung Hal Lee

Country

United States

State

Comment

Receipt Date: March 5, 2004
I-140 approved: January 16, 2005
I-485 approved: March 15, 2005
Thanks to the excellent work by Attorney Rajiv S. Khanna's team, especially the exceptional work by my case manager Diane Lombardo, my GC application was such a smooth sailing, it took only 1 year and 10 days for USCIS to approve the application!
I deeply appreciate the excellent professional work and the quick & concise responses by my very experienced case manager Diane Lombardo. Diane always answered my questions the same day, sometimes within minutes! She was so quick and professional in preparing my application documents, I always find myself being the one whom was too slow in response - such as providing supporting documents or returning a signed application form to her. Working in science, I found many of my colleagues were also applying for a GC. None of my colleagues’ other attorneys ever came close to providing the excellent and quick professional help the way Rajiv’s team does everyday! I highly recommend Rajiv’s law firm to anyone whom is looking for excellent professional help in immigration matters!
An additional information on why I chose Attorney Khanna: 6 years ago, I was fresh out of graduate school and half-heartedly contacted several law firms about applying for a GC. Not only did Rajiv himself call me just 2 hours after I contacted his law firm (I called before I went to lunch), he also gave me an honest answer after a quick evaluation over the phone - that I did not have much of a case back then! The quick response and no-nonsense answer are the reasons that, after establishing my career, I chose Attorney Khanna's law firm to process my GC application. And the outcome tells me that I had made the right choice!