isitanylonger
Registered Users (C)
Hi all,
I just got my notice that my case has been adjudicated. I have an offer from another employer, but have not given notice to my current employer yet. According to the Yates memo of 2005:
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
I read it that I am good to go..however, my lawyer feels that I should have started my employment before adjudication. Any thoughts? Anyone know of anyone who has successfully argued before the INS that this is kosher?
I just got my notice that my case has been adjudicated. I have an offer from another employer, but have not given notice to my current employer yet. According to the Yates memo of 2005:
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
I read it that I am good to go..however, my lawyer feels that I should have started my employment before adjudication. Any thoughts? Anyone know of anyone who has successfully argued before the INS that this is kosher?