ajain
05-28 06:30 PM
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
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kaisersose
01-02 02:03 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
Saralayar
01-20 01:53 PM
Looks Good.. Good job Admin.
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meridiani.planum
11-26 01:18 PM
Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
I ran this past my attorney before I moved to EAD and he believed it was possible. He was not sure if the H1 approval will come with attached I-94 or if I would need to leave the US and return to activate teh H1. However what is certain is that the H1 approval will come through, as I would meet all the requirements. On what basis can they deny the H1?
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
I ran this past my attorney before I moved to EAD and he believed it was possible. He was not sure if the H1 approval will come with attached I-94 or if I would need to leave the US and return to activate teh H1. However what is certain is that the H1 approval will come through, as I would meet all the requirements. On what basis can they deny the H1?
more...
mdcowboy
12-18 02:16 PM
Hi Goel_Ar, thanks for the response. Assuming there is indeed very good co-ordination between USCIS and SSN office, how long does it *normally* take to get the card?
Any ideas, anyone?
They say it takes 10-14 business days but my Wife got it within 7 business days. hope this helps.
Any ideas, anyone?
They say it takes 10-14 business days but my Wife got it within 7 business days. hope this helps.
rsirpal
03-25 11:16 AM
Ported EB3 to EB2 India Green Card Approved on wife's birthday :D
EB3 India GC PD 03/27/2003 :o
Labour approved : 08/01/2003 :)
I140 & I485 applied concurrently on 08/16/2003 in NSC :)
I140 denied due to education on 05/20/2004 :mad:
Applied MTR and I140 approved on 07/24/2004 :)
No count od EAD's & AP's applied :confused:
Switched job using EAD on 02/15/2005 :cool:
Remained on EAD status since than :eek:
Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
Labour approved on 12/12/2010 :o
Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
Eb2 I-140 approved on 02/08/2011 :o
Notification for approved I-140 sent on 03/06/2011 ;)
Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
Recieved approval email on 03/24/2011 :D
I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.
EB3 India GC PD 03/27/2003 :o
Labour approved : 08/01/2003 :)
I140 & I485 applied concurrently on 08/16/2003 in NSC :)
I140 denied due to education on 05/20/2004 :mad:
Applied MTR and I140 approved on 07/24/2004 :)
No count od EAD's & AP's applied :confused:
Switched job using EAD on 02/15/2005 :cool:
Remained on EAD status since than :eek:
Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
Labour approved on 12/12/2010 :o
Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
Eb2 I-140 approved on 02/08/2011 :o
Notification for approved I-140 sent on 03/06/2011 ;)
Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
Recieved approval email on 03/24/2011 :D
I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.
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desi3933
11-25 02:24 PM
I am in the same position guys, I have a approved H1b visa (started oct 2010), I am flying to mumbai through Munic, so I probably wont need a transit visa....
But let me ask you a dumb question, what does AP stand for?
http://en.wikipedia.org/wiki/Advance_parole
.
But let me ask you a dumb question, what does AP stand for?
http://en.wikipedia.org/wiki/Advance_parole
.
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gc_on_demand
12-03 01:43 PM
My friend got h4 without any issue last week at mumbai consulate. Her husband was on h1 full time for 6 years with same company. No document asked and few questions regarding trip. etc..
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ameryki
01-02 09:53 AM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
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ThinkTwice
11-29 06:37 PM
My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
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quick
March 16th, 2005, 05:05 PM
I have decided to go for the SB-600 rather than the 800 because I don't think I need the extra functions at this point. It will save on $$$ and weight too.
Thanks,
Shawn
Good choice.
You also have faster recharge since the flash is slightly less powerful but perfectly adequate... I was going to get an SB-800 but ended up with two SB-600s for now for the same price.
I will likely get one SB-800 (and maybe another SB-600) when I get my D2x so that I have commander mode available.
the two SB-600s I have have been great for the month I've had them - if your only body is a D70 you're golden - you can use the sb-5B-600 on remote and use the built in D70 flash as commander.
-dq
Thanks,
Shawn
Good choice.
You also have faster recharge since the flash is slightly less powerful but perfectly adequate... I was going to get an SB-800 but ended up with two SB-600s for now for the same price.
I will likely get one SB-800 (and maybe another SB-600) when I get my D2x so that I have commander mode available.
the two SB-600s I have have been great for the month I've had them - if your only body is a D70 you're golden - you can use the sb-5B-600 on remote and use the built in D70 flash as commander.
-dq
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naidu
12-09 09:37 AM
Anybody knows, if the visa recapture included in the dream act?
more...
house I#39;m more accustomed to drawing
usirit
07-19 09:22 AM
I live in Noblesville. Please let me know of meetings related to IV in Indianapolis or surroundings.
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GVR
02-01 01:19 PM
I completed the landing process in mid-Dec. We entered Canada by road. One advice - do not complete any of the forms, the Imm officer would do it in your presence. In our case, there were no issues/ questions related to the fact that we were providing a friend's address for mailing the PR card. We received the cards two days ago.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
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pictures werewolf pencil drawings
pappu
06-03 12:47 PM
Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
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bhavingreat
09-22 05:09 PM
hi,
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
more...
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raj_k
03-23 10:24 PM
Frist's enforcement only bill will be very popular in the house, but is unlikely to pass the senate. There seems to be quite a few republican senators (Specter, Mccain, Graham, Brownback to name a few) who might vote against any bill which is not "comprehensive". They along with the dems easily have more than 50 votes to block. Now, even if Frist's passes senate, it has to be reconciled with the house version - there are plenty of vocal anti EB folks there and hardly anyone pro. So if push comes to shove, Frist would probably agree to drop the EB provisions and pass rest of the bill , so that he can take credit and hit the '08 presidential campaign trail.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
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sayantan76
12-09 09:14 PM
We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.
i am not an expert on how campaigns should be run on Capitol Hill but was meeting some highly successful senior lobbyists today (on a completely different topic) and got a chance to take a close look at how they influence legislative activity and direction.......the big lesson i learnt is that while it is important to present a macro picture to lawmakers (how legal immigration is beneficial to US economy etc etc) - what often makes the difference between an actual favorable vote and a mere sympathetic reaction is whether we can demonstrate the positive impact of the legislative vote on each lawmaker's specific reelection probability and popularity in their district:
1. showing benefit to their particular constituents (e.g your district has XX legal immigrants who constitute XX% of the tax base and if they got GCs - say, 10% would start companies in their communities and create say, 1000 new jobs within 2 years)
2. localized polling results (e.g. XX% of your voters support timely GCs to legal immigrants)
i am not an expert on how campaigns should be run on Capitol Hill but was meeting some highly successful senior lobbyists today (on a completely different topic) and got a chance to take a close look at how they influence legislative activity and direction.......the big lesson i learnt is that while it is important to present a macro picture to lawmakers (how legal immigration is beneficial to US economy etc etc) - what often makes the difference between an actual favorable vote and a mere sympathetic reaction is whether we can demonstrate the positive impact of the legislative vote on each lawmaker's specific reelection probability and popularity in their district:
1. showing benefit to their particular constituents (e.g your district has XX legal immigrants who constitute XX% of the tax base and if they got GCs - say, 10% would start companies in their communities and create say, 1000 new jobs within 2 years)
2. localized polling results (e.g. XX% of your voters support timely GCs to legal immigrants)
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gainedi
06-03 09:58 AM
Is there anyone who has got a denial/rejection for filing 485 before 120 days?
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
nomi
04-18 05:02 PM
sorry for duplicate posting ..trying to post the poll on these questions.