desi3933
02-26 06:04 PM
Original LCA salary is like 58k and current one is 40k
Odd are that you are out of status and this may prevent you seeking another change of status.
Please consult your attorney.
_________________
Not a legal advice.
Odd are that you are out of status and this may prevent you seeking another change of status.
Please consult your attorney.
_________________
Not a legal advice.
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minimalist
08-13 02:15 PM
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
No malicious intent. All praise for VLDRao.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
No malicious intent. All praise for VLDRao.
ameryki
03-17 10:47 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
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kaisersose
06-02 01:32 PM
Isnt all that in picture only when you are travelling outside ?
Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.
Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.
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sreeanne
10-30 02:04 PM
All you need is just apply for H1 extension and wait till USCIS gets back to you, if something happens, change you stat to EAD. I dont see any issues here.
Googler
02-20 03:04 PM
More on this at here (http://immigrationvoice.org/forum/showthread.php?t=17450).
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a.j.2048
09-05 12:34 AM
Are people being bumped off now either for protection or revenge? Doesn't make sense that so many would die out of grief.
Why isn't AP under curfew when so many are dying?
Why isn't AP under curfew when so many are dying?
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alterego
06-13 06:21 PM
It means the immigration sub-committee will discuss and vote on this issue and it is a positive sign in my view that the democratic leadership is allowing this to go forward. If it passes the subcommittee then it will be sent to the floor and may be scheduled for a vote there. I am desperately hoping for a floor vote on this, hopefully the democratic leadership will see the justice on this one.
The CHC needs to realize that this is not about elitism. The EB community has been through this cycle of delayed EB reform for the sake of CIR on previous occasions and continuously since 2005. We have never opposed a pathway to legal status for the undocumented. It is time that they give us some consideration for our own plight. Failing which they will be seen by moderates as the hardliners.
Make the calls people. Your call may make the difference, especially if you are in the congressional district of a key contact, please, please make that call. Make a call and consider it your duty to persuade another colleague do one too.
The CHC needs to realize that this is not about elitism. The EB community has been through this cycle of delayed EB reform for the sake of CIR on previous occasions and continuously since 2005. We have never opposed a pathway to legal status for the undocumented. It is time that they give us some consideration for our own plight. Failing which they will be seen by moderates as the hardliners.
Make the calls people. Your call may make the difference, especially if you are in the congressional district of a key contact, please, please make that call. Make a call and consider it your duty to persuade another colleague do one too.
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desidas
01-23 08:28 PM
Ramba,
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
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desi3933
08-26 02:32 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
>> She can not get an H4 though... thats seen as abandoning your AOS status...
Totally Incorrect.
________________
Not a legal advise.
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
>> She can not get an H4 though... thats seen as abandoning your AOS status...
Totally Incorrect.
________________
Not a legal advise.
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meridiani.planum
04-06 02:34 AM
inline...
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
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gcsomeday
07-17 05:24 PM
newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.
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vinnysuru
04-01 10:16 AM
Yes I was called for an in person interview and after the interview was told that the case is approvable. All the checks have been done and I just need a visa # to get the GC. I do not know how and why I was called for interview but I was the amonst the day 1 filer in July 2007. My application had reached on Jul 2 2007.
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
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pappu
07-14 01:50 PM
This link didn't work for me either.
try
photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
try
photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
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lifestrikes
02-11 10:06 AM
..
Legislation is being prepared by U.S. Rep. Zoe Lofgren (D-Calif.) that would make it easier to get permanent residency or Green Cards for advance degree graduates. Lofgren, who represents Silicon Valley, has not introduced her proposal, but she is a veteran of immigration issues.
Previous efforts by Lofgren have attempted to make it easier for foreign students who earn advance degrees in science, technology, engineering and mathematics, the so-called STEM degrees, to remain in the U.S. Her latest proposal is broader.
Among the things Lofgren may seek to accomplish in this bill is to create a new Green Card category for advanced degree graduates with STEM degrees, and to enable employers to file immigrant petitions for any of these students, eliminating the need for an H-1B visa for these employers. Out of the 85,000 H-1B visas allowed each year, 20,000 are set aside for STEM graduates.
U.S. Rep Jeff Flake (R-Arizona) introduced something similar last month. But Lofgren's proposal may go further by seeking protections for U.S. workers by barring their displacement by an H-1B worker, a move that may be aimed at firms that primarily deliver offshore services.
Link (http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm)
Legislation is being prepared by U.S. Rep. Zoe Lofgren (D-Calif.) that would make it easier to get permanent residency or Green Cards for advance degree graduates. Lofgren, who represents Silicon Valley, has not introduced her proposal, but she is a veteran of immigration issues.
Previous efforts by Lofgren have attempted to make it easier for foreign students who earn advance degrees in science, technology, engineering and mathematics, the so-called STEM degrees, to remain in the U.S. Her latest proposal is broader.
Among the things Lofgren may seek to accomplish in this bill is to create a new Green Card category for advanced degree graduates with STEM degrees, and to enable employers to file immigrant petitions for any of these students, eliminating the need for an H-1B visa for these employers. Out of the 85,000 H-1B visas allowed each year, 20,000 are set aside for STEM graduates.
U.S. Rep Jeff Flake (R-Arizona) introduced something similar last month. But Lofgren's proposal may go further by seeking protections for U.S. workers by barring their displacement by an H-1B worker, a move that may be aimed at firms that primarily deliver offshore services.
Link (http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm)
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lccleared
08-26 06:04 PM
I have not received it either, where as my spouse and child got theirs 10 days back. Wonder whats happening, called up USCIS they asked me wait for couple of more days.
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immi_enthu
09-27 04:04 PM
His Response:
Yes, it happens. However, they two will be combined eventually.
----- Original Message -----
Sent: Monday, September 17, 2007 12:40 PM
Subject: Different Alien Registration Numbers on approved I 140 and 485
receipt notice
My question:
>
> I have two different Alien Registration Numbers in my I 140 and 485
> receipt notice. Do I need to worry about it ?
>
> Thanks-
Very vague response. When I asked if there will be any delay due to this, no response so far.
Yes, it happens. However, they two will be combined eventually.
----- Original Message -----
Sent: Monday, September 17, 2007 12:40 PM
Subject: Different Alien Registration Numbers on approved I 140 and 485
receipt notice
My question:
>
> I have two different Alien Registration Numbers in my I 140 and 485
> receipt notice. Do I need to worry about it ?
>
> Thanks-
Very vague response. When I asked if there will be any delay due to this, no response so far.
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mohitb272
07-16 07:24 PM
Hats off to IV :) :)
Waiting for the good news...
Waiting for the good news...
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Munshi75
06-08 06:41 PM
I hired an attorney from murthy for EAD/ AC21 , it was good talking to them. But make sure that, be prepared with all the questions and they tend to side track and don't let them do that. If you feel they are taking irrelevant stuff , interrupt immediately .
binadh
10-06 09:40 AM
Your's is crossed 15 month stage, so you can ask your lawyer to enquire about it...
Hope fully DOL will approve yours soon...
Good luck
Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
Hope fully DOL will approve yours soon...
Good luck
Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
Amy
07-12 10:17 PM
I have the copy of I-140 approval notice. If the old employer revokes I-140 after I leave, can I still carry over my PD? Is there any risk on this? Thanks!
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
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