babu123
07-13 02:22 PM
My friend also faced similar situation like your case sometime back. But at that time he is having his previous employer valid H1.
You have two options.
1. Change to new employer and apply H1B thru Premium. The reason is your employer is having issues with USCIS. Hence he is not willing to do Premium.
2. If you dont want to change your employer, you can apply another H1B from your current employer under premium as the current petition is not allowing to do premium.
Good luck
You have two options.
1. Change to new employer and apply H1B thru Premium. The reason is your employer is having issues with USCIS. Hence he is not willing to do Premium.
2. If you dont want to change your employer, you can apply another H1B from your current employer under premium as the current petition is not allowing to do premium.
Good luck
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WAIT_FOR_EVER_GC
05-12 06:16 PM
Can any expert say what will be the cutoff date after the spill over for EB2.
SK2007
10-10 04:52 PM
And Yeah i do have a new Passport now
Doesn't your H1 renewal come with a valid I-94? Please check that. If not, Why don't you go to the local office in person, I am sure they will adjust it. Try going to the border it does not hurt, I thgink the rule is 30 days as mentioned in your other thread.
Doesn't your H1 renewal come with a valid I-94? Please check that. If not, Why don't you go to the local office in person, I am sure they will adjust it. Try going to the border it does not hurt, I thgink the rule is 30 days as mentioned in your other thread.
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savigans
10-24 05:01 PM
I'm in a similar situation:
EB2 LC Priority Date: August 25, 06
I-140 pending
Received I-1485 receipt notice and EAD
I-485 Reciept Date: August 1st, 07
I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.
My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.
Thank you for all the great work you guys do.
EB2 LC Priority Date: August 25, 06
I-140 pending
Received I-1485 receipt notice and EAD
I-485 Reciept Date: August 1st, 07
I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.
My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.
Thank you for all the great work you guys do.
more...
eb3_nepa
11-19 01:19 PM
I guess when it comes to GC processing, NOTHING is really "wrong" is it? If you get a chance to work around and beat the long lines, I guess "It's all good". Some people are lucky that they get a chance to get Labor Sub, some ppl marry the GC and some ppl like the rest of us wait in line like "honest citizens".
The REAL question is, just how many of us would have refused a good labour sub, given the present conditions, solely on the basis that "it is unfair to others"? I know i would have taken it. Reason? It's LEGAL (or used to be). Our "misfortune" (if i can use that word), is that we did not get a similar chance.
For those wondering, what I am babbling about: "Let's not look down on this guy who got his GC approved by Labour Sub, or even continuously point out that he did."
The REAL question is, just how many of us would have refused a good labour sub, given the present conditions, solely on the basis that "it is unfair to others"? I know i would have taken it. Reason? It's LEGAL (or used to be). Our "misfortune" (if i can use that word), is that we did not get a similar chance.
For those wondering, what I am babbling about: "Let's not look down on this guy who got his GC approved by Labour Sub, or even continuously point out that he did."
solaris27
09-06 12:27 PM
you can file EAD and AP yourself if you have recipt no for your 485 application.
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paskal
09-22 12:01 PM
there remains a sliver of hope- its called the lame duck session when a lot of such measures are passed. post election, everyone feels "safer".
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
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logiclife
01-03 06:04 PM
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
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payur
10-05 03:09 PM
are sure it is 7 years? i thought .. it is 3 years.
It is 7 years for your 1040 forms when you file W2 returns, so I would guess you have to keep all related docs for 7 years, if for any reason it gets audited, then IRS could ask for more than 7 years records.
It is 7 years for your 1040 forms when you file W2 returns, so I would guess you have to keep all related docs for 7 years, if for any reason it gets audited, then IRS could ask for more than 7 years records.
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espoir
12-13 10:03 AM
I concur with everyone in the thread. Its a hoax.
Look at the email address "usgreen-card.state.gov@portsmouth.usa.com"
US State Department doesn't send emails via ".com" domain
If it doesn't have ".gov" at the end of the email address, don't even bother to read the contents.
Look at the email address "usgreen-card.state.gov@portsmouth.usa.com"
US State Department doesn't send emails via ".com" domain
If it doesn't have ".gov" at the end of the email address, don't even bother to read the contents.
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sandy_anand
06-15 11:56 AM
You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
Aquarianf - Thanks for the useful info!
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
Aquarianf - Thanks for the useful info!
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PDOCT05
08-23 02:58 PM
Hi,
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
Congrats ..Hope we will also get some thing soon.
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
Congrats ..Hope we will also get some thing soon.
more...
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dallasmbs
05-22 02:41 PM
But you can bring your spouse by sponsering family based greencard. You dont need to be single forever !
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Lasantha
02-07 03:19 PM
TIME TO COME OUT OF YOUR CLOSETS ???
Hmmm.. What are you implying Chandu??? :D
Hmmm.. What are you implying Chandu??? :D
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sledge_hammer
02-15 02:12 PM
What you are advising her/him to do is lie to USCIS that he/she is sick when she is not. This is on the same lines as doing what those guys behind bars did, brining people on H-1B from India to the US without actually having a job for them.
Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!
I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that flies with the USCIS.
good luck
kris
Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!
I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that flies with the USCIS.
good luck
kris
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Ramba
11-18 07:14 PM
I must say Ron Rocks! See his post on his forums thread....
http://immigration-information.com/forums/showpost.php?p=24864&postcount=8
Hope this will help you to understand this issue further.
The post by Ron may be reasonable to compare, but it is not very correct. The main important thing is that the occupation classification of new job (onet classification) should be same or similar to old job. The same or similarity determination is based on comparing job descripion/duties of both jobs. The salary of the new job should be equal or more than prevailing wage for that occupation in the same level of orignal one in the area of new job. The prevailing wage can be obtained for a area, and for a level, in DOL web site.
For example, lets say prevailing wage of a software engineer level 2 in TX is 75K and for Bay area in CA is 120K. If a guy works for fortune 500 in TX and moves to small bussiness in bay area, still he/she has to meet the PW in that area. The AC21 job change from TX to CA should satisfy the PW in CA irrespective of employer size.
The justification of wage difference based on employer size and profit will not work.
http://immigration-information.com/forums/showpost.php?p=24864&postcount=8
Hope this will help you to understand this issue further.
The post by Ron may be reasonable to compare, but it is not very correct. The main important thing is that the occupation classification of new job (onet classification) should be same or similar to old job. The same or similarity determination is based on comparing job descripion/duties of both jobs. The salary of the new job should be equal or more than prevailing wage for that occupation in the same level of orignal one in the area of new job. The prevailing wage can be obtained for a area, and for a level, in DOL web site.
For example, lets say prevailing wage of a software engineer level 2 in TX is 75K and for Bay area in CA is 120K. If a guy works for fortune 500 in TX and moves to small bussiness in bay area, still he/she has to meet the PW in that area. The AC21 job change from TX to CA should satisfy the PW in CA irrespective of employer size.
The justification of wage difference based on employer size and profit will not work.
more...
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gc28262
03-16 01:12 PM
I can't agree more.
Many IV members post on this forum as if it some desi networking site.
Today IV is our banner for our Immigration woes. Maybe it is the only one. If anti-immigrants need to know what is happening in our world, they have a single source i.e. IV.
So whenever somebody posts something on this forum, please be reminded that this forum is a favorite among anti-immigrants too. Every post on this forum is indirectly addressing anti-immigrants.
Please be wise about what you post on this forum.
My 2 cents.
Many IV members post on this forum as if it some desi networking site.
Today IV is our banner for our Immigration woes. Maybe it is the only one. If anti-immigrants need to know what is happening in our world, they have a single source i.e. IV.
So whenever somebody posts something on this forum, please be reminded that this forum is a favorite among anti-immigrants too. Every post on this forum is indirectly addressing anti-immigrants.
Please be wise about what you post on this forum.
My 2 cents.
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desi3933
03-18 10:36 AM
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years....
Total BS and Incorrect.
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
__________________
Not a legal advice.
Total BS and Incorrect.
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
__________________
Not a legal advice.
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smisachu
09-19 02:30 PM
Swede, Thank you. We need more people like you.
And to think of it so many people who could come to the rally, who are struck in the logjam and should come to the rally, did not come. It is a shame!!
It goes to show that IV represents everyone and not just Indians or Chinese. I am proud of all the Brits and other Europeans who not only joined the fight but led it from the front.
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
And to think of it so many people who could come to the rally, who are struck in the logjam and should come to the rally, did not come. It is a shame!!
It goes to show that IV represents everyone and not just Indians or Chinese. I am proud of all the Brits and other Europeans who not only joined the fight but led it from the front.
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
WeldonSprings
05-28 12:55 PM
Is your application pending at TSC or NSC?
e-filed on 19th April and got the confirmation receipt by post on 23nd April. After that no updates. Anyone facing this issue?
e-filed on 19th April and got the confirmation receipt by post on 23nd April. After that no updates. Anyone facing this issue?
Ramba
11-19 08:31 PM
Ramba,
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.
What if I am working as a contractor with a govt agency. The agency offers me a job but salary would be 10K less than my current salary, but with better benefits. However still new salary is more than what is required to pay for similar job at that place i.e. if a company is filling for a new H1B. (the prevailing wage at new location for that job classification at that position/level)
Now in this case, if the salary is 10K less than what is specified in my I-140, will I hear any music from CIS? This is not hypothetical, but real dilemma I am facing.
If both job (old and new) in same area, and new salary is "considerably" less than old salary, then it may be an issue. But it may be overcome, provided if you know the prevailing wage determination (not salary) of old job. Lets say if the PW for a level-3 engineer for your old job 50K at a particular county, and I-140 salary in your old job is 70K, and if you port to new job with new salary as 60K in same county, then it should not be an issue. Again, if USCIS does not buy this, you need to dispute. It needs extensive lawyering with DOL wage survey as a proof.
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