EndlessWait
10-16 09:34 PM
Hi Guys,
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. … Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
sure go ahead... u can be dentist and then take a job at WWF as a wrestler..its basically the same..u can break the jaw..close to dentistry...aint it?
LOL.. ppl have just filed 485 and now we will hundreds and thousands of techincal recruiters and desi body shopping company..
go ahead use ac21....on a serious note u can't they are separate jobs..
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. … Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
sure go ahead... u can be dentist and then take a job at WWF as a wrestler..its basically the same..u can break the jaw..close to dentistry...aint it?
LOL.. ppl have just filed 485 and now we will hundreds and thousands of techincal recruiters and desi body shopping company..
go ahead use ac21....on a serious note u can't they are separate jobs..
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skdskd
08-27 03:23 PM
Cool down dude, I can understand OPs frustrations, I am in same boat and see similar cases around, not that ead or ap is anything great, just that someone who applied before feels rejected seeing TSC giving out eads like cookies:)
sksatmt sounds like ramhs..same tone of selfishness
I wish all I-485 filers should get there receipt , EAD and AP as well as Final GC as soon as possible.
sksatmt sounds like ramhs..same tone of selfishness
I wish all I-485 filers should get there receipt , EAD and AP as well as Final GC as soon as possible.
pd_recapturing
10-09 04:52 PM
I have a similar question. I have I-94 till Jan 2008 as my H1B visa is valid till Jan 2008. If I file an H1B extension in Dec, is that okay ? I know, approval would not come before Jan 08.
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jatinr
03-19 08:17 PM
More H1-B workers in the labor pool and in GC Line ...so more outsourcing openings for Indian Companies ...:)
Adding more H1B is what every employer aspires. They don't want you to get GC soon enough so that you leave them for better prospects.
No one is going to raise the GC backlog issue. Is there a way by which the we can also ensure that companies also stress on reducing the backlogs in EB categories and re-capturing past immigrants visa as a interim relief as they lobbied for increasing H1-B caps
Adding more H1B is what every employer aspires. They don't want you to get GC soon enough so that you leave them for better prospects.
No one is going to raise the GC backlog issue. Is there a way by which the we can also ensure that companies also stress on reducing the backlogs in EB categories and re-capturing past immigrants visa as a interim relief as they lobbied for increasing H1-B caps
more...
glus
01-24 07:49 PM
contributions have to be voluntary.. finger pointing would be of no good & on the contrary will be counter-productive..
EXACTLY Right GCAmigo!
EXACTLY Right GCAmigo!
uma001
06-18 04:01 PM
Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.
Any thoughts ?
Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks
So that means you have 4 more years of additional exp before PERM filing. But USCIS did not ask for those letters.
Any thoughts ?
Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks
So that means you have 4 more years of additional exp before PERM filing. But USCIS did not ask for those letters.
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godspeed
05-24 12:54 PM
Fax Sent
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gc_chahiye
12-27 01:57 AM
inline...
Is it mandatory to file AC21 with USCIS after moving to a new company?
most lawyer recommend filing it. If your previous employer revokes your I-140, then filing it can potentially save you an RFE and related delays.
If I move out to a new company before 180 days with the employer's co operation now and
If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?
No, you are safe in this case. There is the little gray area of you leaving the petitioning employer early, but since they did not revoke teh I-140, you can say that (if it came up in the interview) you intended to go back to them and they had all intentions of hiring you again. As long as I-140 is revoked past 180 days there are no issues. File for AC-21 sometime past the 180 days mark.
Is it mandatory to file AC21 with USCIS after moving to a new company?
most lawyer recommend filing it. If your previous employer revokes your I-140, then filing it can potentially save you an RFE and related delays.
If I move out to a new company before 180 days with the employer's co operation now and
If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?
No, you are safe in this case. There is the little gray area of you leaving the petitioning employer early, but since they did not revoke teh I-140, you can say that (if it came up in the interview) you intended to go back to them and they had all intentions of hiring you again. As long as I-140 is revoked past 180 days there are no issues. File for AC-21 sometime past the 180 days mark.
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s416504
03-18 03:53 PM
In short that forum story as follows :
On 6th Nov 2008....
He thought because of unemployment application, Two(2) Immigration Officers + One(1) State Police Officer came to my house a 6.00am in the morning questioning my �Legal Status� in this country.
But that found wrong reason as per his latest reply on 3rd Mar 2009....Immigration Officera turned to his door due to his Employer informed USCIS about his firing while revoking H1B.
Posted by jklife2006 (40) 03 Mar 2009
Hi All, Went to the Immi court today and returned just now. My lawer had prepared a wonderful document "Motion to Terminate Removal Proceedings" and Pleading document. DHS was presenet. Since there were number of attachments with evidence, the court has given a "Individual Hearing" on July 6th Monday @8:30AM. My lawyer is pretty confident and it should be fine. I am one of the rare cases. I did see the judges list on notice board and did not find even one Indian name other than mine. Will keep all posted when things progress. Thanks for the support. Sheela Murthy okayed Unemployemnt benefit. So if one wants to file, go ahead.
here is the link he is talking about
http://www..com/discussion-forums/i485-1/237011787/
On 6th Nov 2008....
He thought because of unemployment application, Two(2) Immigration Officers + One(1) State Police Officer came to my house a 6.00am in the morning questioning my �Legal Status� in this country.
But that found wrong reason as per his latest reply on 3rd Mar 2009....Immigration Officera turned to his door due to his Employer informed USCIS about his firing while revoking H1B.
Posted by jklife2006 (40) 03 Mar 2009
Hi All, Went to the Immi court today and returned just now. My lawer had prepared a wonderful document "Motion to Terminate Removal Proceedings" and Pleading document. DHS was presenet. Since there were number of attachments with evidence, the court has given a "Individual Hearing" on July 6th Monday @8:30AM. My lawyer is pretty confident and it should be fine. I am one of the rare cases. I did see the judges list on notice board and did not find even one Indian name other than mine. Will keep all posted when things progress. Thanks for the support. Sheela Murthy okayed Unemployemnt benefit. So if one wants to file, go ahead.
here is the link he is talking about
http://www..com/discussion-forums/i485-1/237011787/
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immique
07-16 12:33 AM
I think EB2 India may be retrogressed only for the month of September as most of the visas will be used in August itself. The dates will rapidly advance once again with the new quota in October. I think it is very likely that EB2 will be compensated with the number of visas that were improperly given to EB3 last year. So I expect EB2 to receive those extra visas from EB3 quota next year as DOS will try to compensate retrogressed countries in EB2 for the mistake that they made last year. If this happens, EB2 may become current very soon.
I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.
Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.
Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
more...
ras
05-22 06:09 PM
I just talked to an attorney. He said that if there is a long gap, your H1 may be approved but with out extension of stay (no I-94) and that I may have to go for visa stampling in the consulate in India. As I already have 1.5 years on h1, I was told that it doesn't go thru the cap. some one mentioned in the thread, that once you use EAD, and if u were to get H1 it would be under cap. I am not sure which one is correct.
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dilbert_cal
10-08 11:48 AM
From Murthy.com
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
more...
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cbpds
04-19 01:45 PM
While its a good idea to write to the president, Obama himself says he gets 40,000 letters per day, so its a rain drop in the ocean, no offense intended.
We need to do a coordinated strike by all members of the IV
1.Everyone send an email or calls the Congressman's office on a particular date
2.Call or email their senator on a particular date.
3.Write letters to popular TV talk show hosts on a particular week saying legal immigration is ignored in the immigration debate.
4.Send an email to the president on a particular date
5.Organize peaceful rallies in their respective cities on a particular date. This way no one has to pay for traveling in terms of flight tickets or pay for hotels
This has to be organized by PAPPU and TEAM as everyone respects their work and commitment.
PS Don't start of the donate campaign thread now, people will donate once they see action and not just words. Only #5 needs donation for flags, posters etc( even that content can be brought by folks themselves)
We need to do a coordinated strike by all members of the IV
1.Everyone send an email or calls the Congressman's office on a particular date
2.Call or email their senator on a particular date.
3.Write letters to popular TV talk show hosts on a particular week saying legal immigration is ignored in the immigration debate.
4.Send an email to the president on a particular date
5.Organize peaceful rallies in their respective cities on a particular date. This way no one has to pay for traveling in terms of flight tickets or pay for hotels
This has to be organized by PAPPU and TEAM as everyone respects their work and commitment.
PS Don't start of the donate campaign thread now, people will donate once they see action and not just words. Only #5 needs donation for flags, posters etc( even that content can be brought by folks themselves)
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WeShallOvercome
07-12 04:59 PM
Dude, did you just compare that guy to USCIS? thats a derogatory remark and I urge the SysAdmin to take notice of such foul language... :)
That's right! No one can beat USCIS..
I've just revised my initial post.
"The original post should be read in conjunction with this one " :D
That's right! No one can beat USCIS..
I've just revised my initial post.
"The original post should be read in conjunction with this one " :D
more...
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Canadian_Dream
10-19 03:42 PM
Not really, broadly speaking lack of information can never be a benefit to consumer. (Read: hidden clauses in agreements). It might be that they have been doing that and we don't know. You will ONLY know if you apply for another H1B transfer or any other application say I-140/I-485 with new employer and then USCIS MIGHT tell you that your I-140 is revoked on MM/DD/YYYY and you are no longer in valid H1B status since then. That would be too late and it is not retroactive. Remember that onus is on you to maintain valid H1B status all the time during the period of H1B. Once again I am not saying what I mention above is the correct interpretation of law, but in the absence of any clarify it can be one of the implication.
then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.
then it is to our benefit that they dont clarify it for as long as possible, bec normally any decisions are not retroactive but only for cases going forward.
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forever_waiting
05-09 01:31 AM
If Applicants receive a 221(g) notice with a questionnaire asking about job experience/edcuation backgrond, that is usually "additional administrative processing" associated with TAL (Technology alert check). thsi takes around 30-45 days in most cases. Other 221(g) reasons could be just for employer/document verification (which is what it seems in your case).
Timelines are varied but in most cases peopel get approval in a month or so. But the wait is nerve-wracking. Just stay positive and be aware that these checks are happening frequently nowadays.
Once you get your visa and travel back, please join in IV's push to get I485 (3rd stage of green card) filing without current PD. spread the message among your friends/colleagues.
these kind of issues while visa stamping and also while h1b extensions are the main reason why our situation is so fragile when on H1B. all the more reason to get any admin fixes that will help people stuck without being able to file I485.
Timelines are varied but in most cases peopel get approval in a month or so. But the wait is nerve-wracking. Just stay positive and be aware that these checks are happening frequently nowadays.
Once you get your visa and travel back, please join in IV's push to get I485 (3rd stage of green card) filing without current PD. spread the message among your friends/colleagues.
these kind of issues while visa stamping and also while h1b extensions are the main reason why our situation is so fragile when on H1B. all the more reason to get any admin fixes that will help people stuck without being able to file I485.
more...
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bsbawa10
07-23 02:55 PM
USCIS needs to work with paper files for review/approval. RD as on your receipt is the mailroom receive date. Real receive date of a processing center is when they actually opened your file and entered in the system, which is what you see online as, "...your case was received on...". Processing centers prefer to treat this date as RD as this suites them better. In your case your true RD should be a couple of days prior to your ND. Who is responsible for the 4 months period in between when several thousand applications may have been received and entered in the system (and placed ahead of you)? Nobody.
babawa10: Your case has shuffled around between centers. It was received last by TSC in Aug 08. Therefore, don't get surprized if your Real RD is now Aug 08. USCIS makes a simple claim, they process cases in order they receive them. Perhaps they are talking about the paper files, which are placed in sequence on shelves as they arrive. Check online what it now says for "...your case was received on...".
My case status online does not say anything about when it was received. It just says, "This case is now pending at the office to which it was transferred.". There is so much ambiguity at USCIS that it takes tons of reading / pulling hair just to understand what they mean. They have transferred my case three times. First of all there should be a reason for it (no reason makes it you wonder why ??) , then if they keep transferring it from one center to another, does that mean that the "received date" will be changing for ever and the case will never be processed ? I think USCIS should be accountable for that.
babawa10: Your case has shuffled around between centers. It was received last by TSC in Aug 08. Therefore, don't get surprized if your Real RD is now Aug 08. USCIS makes a simple claim, they process cases in order they receive them. Perhaps they are talking about the paper files, which are placed in sequence on shelves as they arrive. Check online what it now says for "...your case was received on...".
My case status online does not say anything about when it was received. It just says, "This case is now pending at the office to which it was transferred.". There is so much ambiguity at USCIS that it takes tons of reading / pulling hair just to understand what they mean. They have transferred my case three times. First of all there should be a reason for it (no reason makes it you wonder why ??) , then if they keep transferring it from one center to another, does that mean that the "received date" will be changing for ever and the case will never be processed ? I think USCIS should be accountable for that.
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h12gc
10-16 04:03 PM
Thanks for all the replies.I will check with any other Lawyer.
Thanks,
h12gc
Thanks,
h12gc
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Jimi_Hendrix
09-19 03:56 PM
Dear Pappu and Core Members,
I appreciate all your efforts and have made my own contributions to support what IV does. Lately due to the political standstill in the House, we have not seen much movement on the immigration issue. At the same time it is important to have some actions illustrated in the open forum to attract the attention of new members and existing members who continue to visit this website. I am of the opinion that unless the 'interest level' of people is maintained in coming to this website, understanding the action items and following them, people will lose interest in visiting this website.
Regards
Jimi
I appreciate all your efforts and have made my own contributions to support what IV does. Lately due to the political standstill in the House, we have not seen much movement on the immigration issue. At the same time it is important to have some actions illustrated in the open forum to attract the attention of new members and existing members who continue to visit this website. I am of the opinion that unless the 'interest level' of people is maintained in coming to this website, understanding the action items and following them, people will lose interest in visiting this website.
Regards
Jimi
Devils_Advocate
03-16 03:04 PM
http://imminfo.com/Newsletter/2009-3/2009-03.html
Please ignore if previously posted.
Interesting info, thanks for the post!
Please ignore if previously posted.
Interesting info, thanks for the post!
gcformeornot
01-07 04:25 PM
going to www.satyam.com ...... I can not go in there. Probably too many people looking for info......
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