pacha_card
Registered Users (C)
Hello Every one,
From latest AC21 interoffice memorandum.
"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."
I have been reading this again and again but couldn't figure out what exactly it means and in what circumstances USCIS may doubt and raise an RFE about the bonafide employment offer by original employer who filed I-140.
And in case, if RFE is issued by USCIS on this issue how to prove that employer had intent to hire a candidate. What do we need to provide from our side.
Please shed some light on this.
Thanks.
From latest AC21 interoffice memorandum.
"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."
I have been reading this again and again but couldn't figure out what exactly it means and in what circumstances USCIS may doubt and raise an RFE about the bonafide employment offer by original employer who filed I-140.
And in case, if RFE is issued by USCIS on this issue how to prove that employer had intent to hire a candidate. What do we need to provide from our side.
Please shed some light on this.
Thanks.