l****i
发帖数: 3339 | 1 Dec 27,2005的memo
闲着也是闲着 看看文档 两个谈到关于180天的Q&A
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the aliens I-485 has been pending 180 days,
or
B. an I-140 is denied or revoked at any time except when it is revoked based
on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
意思是180天内withdrawn 或 revoke就不能port 其他情况应该都可以port 140
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.
这个说180天内走了 也要看情况
这个memo里面没有其他东西值得看的了 | l****i
发帖数: 3339 | 2 这个律师给了不少解释
有实例
http://www.knowitallmall.com/library/weekly/aa090903b.htm
,
based
【在 l****i 的大作中提到】
: Dec 27,2005的memo
: 闲着也是闲着 看看文档 两个谈到关于180天的Q&A
: Question 11. When is an I-140 no longer valid for porting purposes?
: Answer: An I-140 is no longer valid for porting purposes when:
: A. an I-140 is withdrawn before the aliens I-485 has been pending 180 days,
: or
: B. an I-140 is denied or revoked at any time except when it is revoked based
: on a withdrawal
: that was submitted after an I-485 has been pending for 180 days.
: 意思是180天内withdrawn 或 revoke就不能port 其他情况应该都可以port 140
| l****i
发帖数: 3339 | 3 刚才才搞清楚file485的几个术语
MD - Mailed Date ( This is the date when your attorney mail your application
to Lock box)
RD - Received Date ( This is the date when your application is received)
ND - Notice Date ( This is the date where they will send you the copies of
receipts)
【在 l****i 的大作中提到】
: 这个律师给了不少解释
: 有实例
: http://www.knowitallmall.com/library/weekly/aa090903b.htm
:
: ,
: based
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