virtual55
05-03 07:01 AM
^^^^^
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lj_rr
07-09 05:25 PM
Well. If you are planning to use EAD, it is probably not an issue.
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
coolmanasip
08-16 02:26 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
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paskal
06-13 02:49 PM
Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
we simply lack the power to fight that battle....
as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
in a ballott here, you would not find too mnay here that supports an amnesty i suspect.
we simply lack the power to fight that battle....
as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
in a ballott here, you would not find too mnay here that supports an amnesty i suspect.
more...
istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
PD_Dec2002
07-13 01:42 PM
I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
So let me summarize this so I understand well.
Your wife started work only in June 2007. But you wanted to show USCIS that your wife was actually working from Jan 2007. So you asked her employer to give pay stubs for Jan - May 2007. The employer did that (and I am guessing) without really paying you for those months. And you paid taxes (Federal and State) and SS and Medicare for those months in July.
So USCIS and IRS will both think that your wife has been working since Jan 2007 when in reality she started only in June 2007.
Thanks,
Jayant
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
So let me summarize this so I understand well.
Your wife started work only in June 2007. But you wanted to show USCIS that your wife was actually working from Jan 2007. So you asked her employer to give pay stubs for Jan - May 2007. The employer did that (and I am guessing) without really paying you for those months. And you paid taxes (Federal and State) and SS and Medicare for those months in July.
So USCIS and IRS will both think that your wife has been working since Jan 2007 when in reality she started only in June 2007.
Thanks,
Jayant
more...
pappu
08-01 10:50 AM
Texas chapter members pls contact IV at info at immigrationvoice.org if you like to be interviewd.
pls briefly describe your story to us in the email.
send us your full name and phone number
pls briefly describe your story to us in the email.
send us your full name and phone number
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GCBy3000
04-26 05:13 PM
http://survey10i.pollingpoint.com/vpnvsMtPR1vMJv
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seaken75
11-01 02:37 AM
One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
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frostrated
10-26 02:07 PM
EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.
more...
StarSun
02-10 03:20 PM
What is the deadline for sending the questions? can it be sent 1hour before the call starts?
Also, what is the number to be called?
thank you.
The deadline for sending your questions is by 12 noon on the day of the conference call.
For call in details, please refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts" or you can look it up in the members forum.
If you have any questions address it to ivcoordinator@gmail.com
Also, what is the number to be called?
thank you.
The deadline for sending your questions is by 12 noon on the day of the conference call.
For call in details, please refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts" or you can look it up in the members forum.
If you have any questions address it to ivcoordinator@gmail.com
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SGP
12-11 04:03 PM
My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.
Thanks in advance.
Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.
Thanks in advance.
Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.
more...
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satyab7
04-26 03:15 PM
Keep up the good job guys ....
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sushilup
08-19 03:50 PM
Rajarao,
I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
more...
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GCInThisLife
07-18 05:23 PM
Well.. we cannot reduce pdf size much by zipping as it is already compressed..
I tried zipping.. but when zipped, it says max size exceeded 97KB.. if I just tried upload the pdf it says uploaded failed.. anyways..
Try zipping it. :D
I tried zipping.. but when zipped, it says max size exceeded 97KB.. if I just tried upload the pdf it says uploaded failed.. anyways..
Try zipping it. :D
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anjans
07-10 08:15 PM
Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?
more...
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ameryki
05-05 12:08 AM
hey guys how about a adv parole doc in hand when returning instead of a stamped visa transiting Frankfurt?
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gondalguru
09-29 11:43 AM
09/27/2008: Senate Passed Consolidated Continuing Appropriation Bill, H.R. 2638
* Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
* Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.
What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.
* Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
* Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.
What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.
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franklin
07-27 08:45 PM
Based on my recent experience - H1 B 1 year extension, not 3 years, was based on the approval date, not receipt date of the application. :o
However, to be safe, I guess after Aug 17th is a pretty good bet
However, to be safe, I guess after Aug 17th is a pretty good bet
puddonhead
07-24 04:44 PM
Hey, what is the cash back rate? 1%, 2%? Is there any limit?
Platinum amex, for first 2 years of membership, gives me 3 thankyou points per $ spent (5 for bonus categories of gas, supermarket and drugstore). Premierpass I think is 1 and 3 (not sure).
I think there is an annual limit per year - never needed to worry about it.
You should be able to find the details at citibank.com.
I personally use Platinum amex as my primary card and premierpass elite as the secondary for places where American Express is not accepted. I've already got > $1400 in GCs and other stuff from thankyou network between myself and my wife. This $1400 includes the $500 from airline bonus points for my india trip.
Platinum amex, for first 2 years of membership, gives me 3 thankyou points per $ spent (5 for bonus categories of gas, supermarket and drugstore). Premierpass I think is 1 and 3 (not sure).
I think there is an annual limit per year - never needed to worry about it.
You should be able to find the details at citibank.com.
I personally use Platinum amex as my primary card and premierpass elite as the secondary for places where American Express is not accepted. I've already got > $1400 in GCs and other stuff from thankyou network between myself and my wife. This $1400 includes the $500 from airline bonus points for my india trip.
trueguy
08-11 11:30 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798