belmontboy
01-08 12:49 PM
your wish is my command Master, what can I do for you?
waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
fortune50
07-27 02:53 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
gaz
11-18 01:54 PM
Thank you for the quick response.
She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!
Thanks again.
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140
2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.
Hope this helps.
She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!
Thanks again.
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140
2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.
Hope this helps.
more...
franklin
10-18 08:47 PM
This is in the wrong forum, you might get better answers if you post in the EAD and AP forums, not the one about rally logistics
sweet_jungle
10-21 01:12 PM
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
more...
guitarbam
01-24 10:40 AM
just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
Dhundhun
06-21 03:49 PM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
more...
chanduv23
09-16 08:20 PM
^^^^^^^
BMWX5
02-22 10:35 AM
First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
Well said. However what is the necessity for you to say
<b>who might have faked their resume, like some IT pros do</b>
Take it easy...
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
Well said. However what is the necessity for you to say
<b>who might have faked their resume, like some IT pros do</b>
Take it easy...
more...
innervoice
08-20 09:03 PM
Include me
EB2 - I
I-140 Approved
PD: Oct 2005
RD: 2 JUL 2007
ND: 8 Sep 2007
EB2 - I
I-140 Approved
PD: Oct 2005
RD: 2 JUL 2007
ND: 8 Sep 2007
Templarian
07-21 08:22 AM
^I know... but I was referring to its use in browsers. :)
When I said it just doesn't compare I meant even for the most basic things it sucks more cpu than even flash 8. I give it 3 more years and it will be MS's main form of media for all its partner sites.
Even your strong bias can admit its runs like a snail in the browser.
When I said it just doesn't compare I meant even for the most basic things it sucks more cpu than even flash 8. I give it 3 more years and it will be MS's main form of media for all its partner sites.
Even your strong bias can admit its runs like a snail in the browser.
more...
langagadu
05-06 12:19 PM
Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
1. A letter from your employer with same or similar job description and title ( check the equivalency list)
2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.
- cheers
kris
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
1. A letter from your employer with same or similar job description and title ( check the equivalency list)
2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.
- cheers
kris
k94
11-22 02:46 PM
I presume that you have a lawyer. They should work with you HR group to get the ads set and sent to the BPC.
Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.
Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.
more...
shreekhand
12-08 05:40 PM
First off, you are in no way required to be there for 6 months. Secondly, you are not paid and have a GC, for God's sake...just move on and earn.
Thirdly, you can ask them to lay you off, at least you would get Unemployment Insurance Benefit (remember this has nothing to do with any Naturalization or state burden issues.)
How long would you stay in fear ???
Thirdly, you can ask them to lay you off, at least you would get Unemployment Insurance Benefit (remember this has nothing to do with any Naturalization or state burden issues.)
How long would you stay in fear ???
tanu_75
02-09 03:43 AM
The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.
Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)
Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.
Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)
Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.
more...
StuckInTheMuck
03-09 11:47 AM
Hi akilaakka,
It was EB1-EA ("extraordinary ability") category.
Cheers.
It was EB1-EA ("extraordinary ability") category.
Cheers.
sreeanne
11-08 03:22 PM
Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
backtoschool
01-10 06:30 AM
Friends,
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
crazyghoda
07-10 10:25 AM
The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.
WaldenPond
12-30 02:02 PM
For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
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