larryking
10-23 07:30 PM
Deall All,
Thanks for your replies...i hope you gurus can shed some light into my situation:
labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008
Here are my questions:
1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)
2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?
3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?
4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?
Thanks for your replies.
Thanks for your replies...i hope you gurus can shed some light into my situation:
labor(EB3) priority date 18 jan07.
I -140 has been approved june 25 2007.
I - 485 ucsis filing date july 19th 2007
EAD recvd Oct 16th 2007 valid till 3rd oct 2008
fingerprinting scheduled nov 7th 2007
H1 and H4 for me & my wife expires may 20th 2008
Here are my questions:
1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)
2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?
3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?
4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?
Thanks for your replies.
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meridiani.planum
04-01 04:18 AM
Hello Everyone -
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up
vallabhu
01-02 02:08 PM
I have applied from Texas SC
My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role
My attorney mentioned it might 2 to 3 years to process an appeal, is that correct do you guys know any one who got it faster than that, he mentioned that we have to appeal to district court along with documentation of new resolution which was passed last year stating that employer has final discretion is deciding edu qualification for job role
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Friend
02-15 10:51 AM
Best thing is call the customer service and explain step by step.
also take an infopass appointment and explain.
What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.
also take an infopass appointment and explain.
What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.
more...
obelix
03-02 11:28 AM
Hi All,
I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.
I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.
I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.
My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.
Does anybody see any issue in the plan? What would you do if you are under similar situation?
I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.
Thanks,
I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.
I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.
I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.
My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.
Does anybody see any issue in the plan? What would you do if you are under similar situation?
I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.
Thanks,
gc_chahiye
12-10 11:35 AM
Hi All,
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.
more...
nc14
02-18 03:41 PM
So, if one is going for Intemized Deductions, can we actually put the expenses that we have incurred for 485 filing (lawyer fees + fees to USCIS) as deductions?
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sparky_jones
02-03 02:44 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
I agree...sending the AC21 documentation to satisfy the "burden of proof" in extenuating circumstances, should they arise, is justifiable, as long as the applicant does not assume that the AC21 documentation will indeed be attached to their 485 file, and thus they won't get an employment-related RFE. Send the AC21 (and do it on your own, unless you have spare money to spend on a lawyer), but also keep in mind that sending the AC21 is not a legal requirement, and there is no guarantee that it will prevent USCIS from asking you to prove that you have a job that meets the certified labor at some time in the future.
more...
camberiu
06-13 12:51 PM
Hello everyone,
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
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Honda
09-08 11:40 PM
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
Congrats...
Congrats...
more...
myeb2gc
02-24 02:35 PM
Hi,
I recently got my H1B extension. My consulting firm is smaller, i did not even submitted my client letter. One thing is that i am with the same employer since i am in US. As far as i know if you dont change your employer OR if you have all the documentation properly submitted then i think things will be smoother.
I recently got my H1B extension. My consulting firm is smaller, i did not even submitted my client letter. One thing is that i am with the same employer since i am in US. As far as i know if you dont change your employer OR if you have all the documentation properly submitted then i think things will be smoother.
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bigboy007
12-10 03:33 PM
Got the point thanks for all info. btw its the HR Department right which determines SOC ? How does it ensure Same/Similar SOC COde?
more...
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pappu
05-13 01:42 PM
Does anyone have access to this article :
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
this news site was members only to read the new article. could you copy and paste this article in the forums so that we all can read?
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
this news site was members only to read the new article. could you copy and paste this article in the forums so that we all can read?
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GCPagla
03-17 08:58 AM
Hi All,
Thanks for all your support and soothing words.
I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.
The excerpt form our communication is as following.
a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
b) offer ltter need not describe word-word match of designation and duty.
c) if there is a huge rise 50% - no issue.
d) company size does not matter.
So I had decided to take the plunge, especially when I have my attorney guarding the case.
Write the market condition is not to well for H1B
a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.
So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.
Thanks
Thanks for all your support and soothing words.
I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.
The excerpt form our communication is as following.
a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
b) offer ltter need not describe word-word match of designation and duty.
c) if there is a huge rise 50% - no issue.
d) company size does not matter.
So I had decided to take the plunge, especially when I have my attorney guarding the case.
Write the market condition is not to well for H1B
a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.
So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.
Thanks
more...
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yabadaba
06-25 02:32 PM
ask the lawyer what he was thinking
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brb2
11-08 06:31 PM
remember the bulk of the pending AOS are from retrogressed countries. So even those from ROW who have not yet filed (and may do so next few years) need to be added to the "pending AOS" in order to obtain the 'real' que size of pending AOS applications.
more...
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Slowhand
05-08 05:05 PM
What if your old employer cancels your I-140? In that case wouldn't it be better to have informed USCIS that you changed jobs?
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newbie2020
05-18 07:42 AM
This one is an earlier bills introduced earlier ,This is similar to the bills being discussed
http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::
Since the text of this bill is similar to other bill should we try to get these law maker's support.
http://www.house.gov/apps/list/press...vatorsAct.html
KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”
(Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.
“The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”
“We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”
“We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”
http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110j4GOX5::
Since the text of this bill is similar to other bill should we try to get these law maker's support.
http://www.house.gov/apps/list/press...vatorsAct.html
KENNEDY AND MCCAUL ANNOUNCE “NEW AMERICAN INNOVATORS ACT”
(Washington, DC) - Congressman Patrick J. Kennedy (D-RI) and Congressman Michael McCaul (R-TX) announced the introduction of the New American Innovators Act. The New American Innovators Act would exempt foreign students receiving Ph.D.’s from accredited, American universities from numerical immigration limits.
“The New American Innovators Act takes the best and the brightest and moves them to the front of the green card line,” said Congressman Patrick Kennedy. “The global competition for talent is getting fiercer with each passing year. Although we already have the most talented workforce in the world, we cannot sit idly by while other countries work to attract the best international talent – especially when those individuals have been educated in our universities. The New American Innovators Act targets the cream of the crop. These are individuals who will generate breakthroughs, start businesses, create jobs, and ultimately help to drive our economic growth for years to come. It is absurd that we would spend time and money educating them only to force them to go to our economic competitors, even if they want to stay.”
“We need to ensure that U.S. employers continue to create and stay on the ‘cutting-edge’ of the global market,” stated Congressman Michael McCaul. “I am proud to work across the aisle in a bipartisan fashion to co-introduce this bill with Congressman Kennedy that will add to America’s economic strength by offering increased access to the best talent, no matter where they may be born. These individuals are the best and the brightest, having graduated from U.S. universities with doctorate degrees and are already present and working in America. These professionals add to our prosperity, by making enormous contributions to our economy. The last thing we want to do is force them to leave the country. ”
“We must continue to be committed to ensuring U.S. employers have the talent necessary to compete worldwide. Without the ability to retain them, we risk losing these hard-working, valued workers, who we have spent an enormous amount of funds training and educating to our national competitors abroad.”
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gcnirvana
04-27 06:39 PM
In my opinion, looks like another placeholder bill just before CIR.
makemygc
07-18 12:12 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
I edited my previous message as I do agree I sounded negative but that's not what I mean.
Some of my suggestions:-
1. Creating a petition and getting it signed by more than 10000 victims stuck in BEC and sending it to relevant people in congress and USCIS.
2. Doing a rally in NY, Sanjose etc.
3. Working closely with USCIS and IV core and see how we can improve the situation.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
I edited my previous message as I do agree I sounded negative but that's not what I mean.
Some of my suggestions:-
1. Creating a petition and getting it signed by more than 10000 victims stuck in BEC and sending it to relevant people in congress and USCIS.
2. Doing a rally in NY, Sanjose etc.
3. Working closely with USCIS and IV core and see how we can improve the situation.
Rb_newsletter
10-07 04:54 PM
pls make sure if they coem to your office you should atleast have a copy of your paystubs
It is so hostile. So should we carry the pay stubs everyday? What if we don't have pay stubs with us?
Already by law we are supposed to have the travel documents (passports + visa papers) all the time with us.
It is so hostile. So should we carry the pay stubs everyday? What if we don't have pay stubs with us?
Already by law we are supposed to have the travel documents (passports + visa papers) all the time with us.
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