istrategist
03-19 10:54 PM
First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
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boreal
09-24 05:48 PM
Hi Gurus,
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
paskal
08-23 03:48 PM
please join your state chapter if you have not done so already!
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amsgc
08-22 10:05 PM
You had some numbers there, are they not good anymore?
Msg deleted
Msg deleted
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sonyyy
06-07 04:12 PM
It's not going anywhere. And I don't think it will go anywhere. They have never mentioned it being discussed or voted.
Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?
Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?
chaukas
06-14 06:46 PM
Isn't the Alien Number the A# on the I-140 ?
more...
morchu
05-06 11:51 AM
You are NOT eligible for AC21 benefits (for the part of continuing the GC even after jobchange) on your I140 yet . So technically if the job is different you need another LC and I140. But thinking from a broader view, LC states, job title, description, wage and employer. So from an LC point of view, as long as the stated conditions there remain the same, the job is the same. As long as the job is SAME no issues.
Absolutely no issues, as long as you have a letter from same employer does not matter.
Absolutely no issues, as long as you have a letter from same employer does not matter.
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meridiani.planum
06-19 03:54 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
more...
gsc999
09-14 02:54 AM
Can you guys think of an Immigration Voice jingle. A tune that is catchy.
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
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pointlesswait
02-13 10:06 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
is there anyway i can claim the entire 3000?
more...
jsb
11-14 11:51 AM
EAD and AP for me and spouse are online. I-485's are still not online, although FP notices are received.
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gc28262
07-15 05:43 PM
This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
more...
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vxg
12-31 01:57 PM
See my answers. WE just came back on AP, no issues.
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us?
YES
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
NO
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.
Your help is greatly appericated.
Thank you.
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us?
YES
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
NO
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.
Your help is greatly appericated.
Thank you.
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LostInGCProcess
11-26 10:43 AM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
You are right. For approved labor (or pending more then a year, which is rare these days), pending more then a year, and if I-140 is still pending, you get H1 for 1 year. With approved I-140, you get 3 year extension.
more...
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mtsaha
08-09 01:51 PM
Hi All,
Now there are 3 possibilities for "alien receipt number" that is supposed
to be written behind my photos to be included with I-485:
-1- the filed i-140 receipt number
-2- a number that appears in i-140 approved letter
-3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")
Any more clarifications on which one of the above three is actually "alien receipt number"?
Thank you so much!
Mtsaha
Now there are 3 possibilities for "alien receipt number" that is supposed
to be written behind my photos to be included with I-485:
-1- the filed i-140 receipt number
-2- a number that appears in i-140 approved letter
-3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")
Any more clarifications on which one of the above three is actually "alien receipt number"?
Thank you so much!
Mtsaha
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sunshine2007
08-27 04:55 PM
this is a EB3 case and i'm the primary applicant not my spouse
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abq_gc
08-29 10:34 AM
A very good idea... Need people to start Bogging and writing these editorials..
Media attention towards the scam of USCIS is necessary..
Media attention towards the scam of USCIS is necessary..
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jkays94
04-26 06:57 PM
Glad to have been of assistance and happy that the IV core played the greatest part in getting the story out. Lets keep our eyes and ears open as we look out for more opportunities. There is a potential opportunity from this article shared by gonecrazyonh4 : http://immigrationvoice.org/forum/showpost.php?p=9627&postcount=321
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
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CPUWiz
12-14 11:30 AM
There have been many issues with USCIS and three year degrees from Canada, India and the UK. If you want to fight this then you have to prove that your education is equivalent to a US bachelors which many of the degrees from some countries are. You cannot use experience towards adding credits to your degree when dealing with an I-140 like you can for a H1B visa. Two years equals an Associate degree - three year bachelors programs can be (and have been) proven to equal a US bachelors.
This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.
Sheila Danzig, Director
Career Consulting International
www.TheDegreePeople.com
1.800.771.4723 (toll free voice)
1.866.585.1409 (toll free fax)
1304 SW 160th Ave. #203, Sunrise FL 33326
This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.
Sheila Danzig, Director
Career Consulting International
www.TheDegreePeople.com
1.800.771.4723 (toll free voice)
1.866.585.1409 (toll free fax)
1304 SW 160th Ave. #203, Sunrise FL 33326
kabeer_g
08-10 02:05 PM
Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
"
Under the Hindu Marriage Act:
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."
"
Under the Hindu Marriage Act:
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."
aranya
07-03 06:27 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
YES
YES
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