krishnam70
10-02 03:40 PM
Hello Everybody,
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
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Munna Bhai
12-18 04:18 PM
more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.
With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.
IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.
With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.
IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.
krishmunn
03-08 08:52 PM
Here is what I found from Murthy Forum --
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
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subba
12-05 04:21 PM
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
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prdgl
05-24 11:10 PM
True, Savage is not for us. He is unpredictable as someone mentioned above. Today, he was quoting from an article which mentioned about immigrationvoice. He was reading the plight of some Mahesh ... . He said to go to home country. All H1B's came on a big lie. Oracle who is lobbying for H1and Mr Gates are all greedy etc. He was going on and on.
First, ask HIM to go back where he came from in 1939-1945 during Nazi regime. This land is not owned by anybody, this is a LAND OF IMMIGRANTS. No one is native anyway, so what the heck !!
First, ask HIM to go back where he came from in 1939-1945 during Nazi regime. This land is not owned by anybody, this is a LAND OF IMMIGRANTS. No one is native anyway, so what the heck !!
sroym
06-16 09:56 PM
As a non-indian joining IV lately, I feel IV is more an indian organization. I had communication with one of the moderators (core members of IV) and he clearly stated that retrogession is in IV's agenda, but FBI name check is not in IV's agenda as an organization. How come retrogession which is mostly a problem for indian immigrants in the agenda of this organization, but FBI name check which is a problem for most nationalities not in the agenda of this group(maybe with the exception of Europeans)? There are over 100 members at a yahoo group, and some more registered at an immigrationportal forum with common problem of FBI name check, cases delayed for 1, 2, 3 or more years because of name check. The registered use names suggest that there are from all over the world, yet no core members of IV is caring about this matter with the exception of one person who scheduled a conference call with an attorney in PA, but did not help any more. Sorry about my humble sincere feeling.
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delhirocks
07-11 04:55 PM
Dependents don't need SS# to file. Only primary applicant is required to have SSN.
You need either a SSN or a TIN to claim someone as a dependent. (Iam not sure if it applies to kids, but surely to adults)
You need either a SSN or a TIN to claim someone as a dependent. (Iam not sure if it applies to kids, but surely to adults)
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ganguteli
02-05 10:20 PM
UPDATE: My company attorney suggested talking about this in April, and I am nervous about waiting till then in limbo - things are only going bad to worse, I might as well find a job at a place which will sponsor a PERM sooner rather than later.
I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.
uhh..damn immigration process..
Maybe your company attorney is busy until April filing for H1B lottery and is busy. That maybe more profit for him. Maybe you should consider getting an attorney yourself to do the greencard process. Someone who can get started ASAP and look after your interests.
I request you to PM me if you have any leads for such companies might still be a good bet for filing a PERM.
uhh..damn immigration process..
Maybe your company attorney is busy until April filing for H1B lottery and is busy. That maybe more profit for him. Maybe you should consider getting an attorney yourself to do the greencard process. Someone who can get started ASAP and look after your interests.
more...
nk2006
03-16 02:25 PM
All right points above - we dont need to try too hard to prove our (IV's) original objectives and ideals. If they (antis or others with questionable motives here) are really interested they can go thru the website. Being anonymous web forums, site will attract different types of users and some noise may be almost unavoidable. Having said that we might need some more active moderation - as the IV's popularity increases the website is bound to attract more diverse groups of users with newer agendas. Moderation by only core group of people is obviously time consuming to them (going thru different threads and sometimes even following what is being discussed). I am not sure if IV already has this but can we have a basic user reporting type system - wherein we can have a high level sticky thread requesting users to report any abuses/violations of IV terms - users can post report any voilations they came across in the site - core group and maybe a group of more volunteers dedicated to just concentrate on forum content can go thru this sticky thread on a regular basis and decide. Currently we do have a reputation mechanism and PM to core but its cumbersome. There could be false/improper complaints in the user reporting system as well but atleast core/web-forum-volunteers only have to go thru fewer threads.
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eagerr2i
07-01 01:21 PM
It is at 4.15 PM EST. The radio station streams on the web as well if a station in your area does not broadcast. www.kpfk.org
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bsbawa10
07-23 07:02 PM
basbawa10, Well, why they are transfering your case back and forth can only be explained by them. Very fact that your case has been transfered around suggests that somebody has seen your case. Procedures described in link mentioned above, has a protocol on determining proper processing center, which has a complex formula based on state of residence, center approving I-140 etc. If your I-140 was approved by one center, and if in the meantime you moved to a state in different center jurisdiction, or USCIS changed jurisdictions, it might have created ambiguity on who should deal your case. Back and forth transfer suggests that centers are not agreeing on who should deal with your case. You may want to try an Infopass, which would let you know if your case is preadjudicated. If so, you just need to wait for PD to be current again.
Thanks JSB, I will try getting Infopass although I have tried it earlier but to no use. They do not give any info excepting "wait for your priority date to become current"
Thanks JSB, I will try getting Infopass although I have tried it earlier but to no use. They do not give any info excepting "wait for your priority date to become current"
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HV000
10-05 04:13 PM
No LUD Update (NSC) for the last 2 days after FP. But EAD card has been ordered. Its very difficult to predict how they operate.
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at0474
12-11 11:14 AM
you guys missed the train that only moves backwards.
--LOL!!! Good one. And with no light at the end of the tunnel. It's another train!!!
--LOL!!! Good one. And with no light at the end of the tunnel. It's another train!!!
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ajcates
03-18 01:28 PM
I don't at all like what it implies, but "Have you?" is rather beautifully designed. Got my vote.
What do you think it implies? I think what makes it so interesting is the fact that its a little controversial and actually makes you think.
It got my vote as well.
What do you think it implies? I think what makes it so interesting is the fact that its a little controversial and actually makes you think.
It got my vote as well.
more...
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tikka
07-05 11:11 AM
articles in the media drive please.
That ways everything is in one place...
good find
That ways everything is in one place...
good find
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learning01
05-26 07:56 AM
28.
16 Republicans and 12 Democrats.
Here is the Chicago Tribune editorial on the Senate CIR bill.
The Senate's better vision
Published May 26, 2006
.............
The Senate on a 62-36 vote Thursday approved a far better plan.
...................
This issue is too important for such heavy-handed partisanship. If the House fails to compromise to get an immigration law, it will reinforce the broad public impression that this GOP-led Congress can't get anything done.
..................
Against long odds, the Senate has produced a comprehensive immigration bill that looks beyond the House's one-dimensional solution. It deserves to be considered in good faith in conference committee. Building on the lessons of 20 years of failed immigration policy, the Senate bill represents our best chance yet to finally set things right. It's time for negotiation, not noise.
Copyright � 2006, Chicago Tribune
LINK (http://www.chicagotribune.com/news/opinion/chi-0605260222may26,1,7539910.story?coll=chi-opinionfront-hed) at ChicagoTribune.com
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
16 Republicans and 12 Democrats.
Here is the Chicago Tribune editorial on the Senate CIR bill.
The Senate's better vision
Published May 26, 2006
.............
The Senate on a 62-36 vote Thursday approved a far better plan.
...................
This issue is too important for such heavy-handed partisanship. If the House fails to compromise to get an immigration law, it will reinforce the broad public impression that this GOP-led Congress can't get anything done.
..................
Against long odds, the Senate has produced a comprehensive immigration bill that looks beyond the House's one-dimensional solution. It deserves to be considered in good faith in conference committee. Building on the lessons of 20 years of failed immigration policy, the Senate bill represents our best chance yet to finally set things right. It's time for negotiation, not noise.
Copyright � 2006, Chicago Tribune
LINK (http://www.chicagotribune.com/news/opinion/chi-0605260222may26,1,7539910.story?coll=chi-opinionfront-hed) at ChicagoTribune.com
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
more...
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gibun
November 13th, 2004, 01:36 PM
in korea great unhappines and people flocking back to stores due to another d70 problem...blooming. maybe a storm in a teacup, but some reviews also mention it. blooming has nothing to do with lenses or the operator.. it's a hardware problem.
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frostrated
08-05 03:44 PM
I spoke to our immigration lawyer today.
He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
He advised that I enter on h1 even if I have the AP.
you can enter on H1. There is no issue with it.
He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
He advised that I enter on h1 even if I have the AP.
you can enter on H1. There is no issue with it.
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paskal
06-19 11:30 PM
Maybe someone can forward the update here: goivgaiv@googlegroups.com ?
Thanks.
its a closed group - i cannot post on it- tried
Thanks.
its a closed group - i cannot post on it- tried
immi2006
12-18 11:51 AM
I am little confused here, do they take into account the reciept date or Notice Date ?.
My Application was sent on July 2, and ack on July2, however the application got transferred to Nebrska, CA and back to Nebraska, and I am told the Notice Date is Aug 30. (If I go to Online website it says On Aug 30 we recd your appln like that) But I am July 2 filer.
So if I want to move, should I think i am safe after 180 days which is jan 3 or is it March ?
My Application was sent on July 2, and ack on July2, however the application got transferred to Nebrska, CA and back to Nebraska, and I am told the Notice Date is Aug 30. (If I go to Online website it says On Aug 30 we recd your appln like that) But I am July 2 filer.
So if I want to move, should I think i am safe after 180 days which is jan 3 or is it March ?
jhegde
02-28 03:27 PM
Proud of you guys who are in DC. No doubt, we have an excellent Team today. Those who are reading silently, ask yourself a question today. Is this the way you want to live by saving those pennies? If not for others, do it for yourself; come forward and contribute. IV is short of funds; If not IV who will fight for your own cause?
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