rexjamla
03-07 08:49 AM
There is no need to let USCIS know about changing job after 180 days of 485 filing. U should have offer / empl letter from the employer when your priority date becomes current.
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
Job title can be different but job duties must be similar.
Salary difference is ok but it should not be less than what is mentioned in labor certification.
In addition to this couple of my close friends got GC recently and they never notify USCIs about new job(AC 21).
Cheers!
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manderson
12-11 02:42 PM
reply from a previous thread:
http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current (http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current)
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current (http://immigrationvoice.org/forum/showthread.php?t=2424&highlight=file+current)
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
logiclife
01-30 04:42 PM
Another thing about your situation.
I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.
Use that independence to your advantage.
If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.
I am assuming your spouse is on H1. If he is having a stable job and GC process in queue, then your dependence on this potential desi employer significantly reduces. That gives you more power to bargain. For everything. Better paycheck and other perks. Most importantly, do negotiate the terms of starting to work. Make it clear to them that you will work ONLY AFTER you have I-797 approval and not before. If you dont negotiate, they would start marketing your resume even before your H4-to-H1 transfer petition reaches the USCIS service center. And you probably dont want to go along with that and work illegally.
Use that independence to your advantage.
If the primary applicant is on H1 and has the GC in pipeline, then the negotiating power significanly reduces. For you, the employer knows that you dont care if you have to go to another desi bodyshop paying better money for the same project and you dont care in worst case if you have to quit and go back on H4.
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aquarianf
07-31 03:03 PM
I reviewed copy of I-485 packegae and found that attorney didn't include Employment letter with package. I filed in June I already received filing numbers.
When I asked attorney why it wasn't sent, her response was that there are around 15 people from company who filed in month of June/july and she didn't included EVL for all of them. Also there are around 8 people who got their GC in my company in last 2 years and she didn't included EVL for all of them.
When I asked attorney why it wasn't sent, her response was that there are around 15 people from company who filed in month of June/july and she didn't included EVL for all of them. Also there are around 8 people who got their GC in my company in last 2 years and she didn't included EVL for all of them.
more...
vdlrao
07-18 11:35 PM
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.
ek_bechara
10-15 03:11 PM
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
Let me clear a misconception for you. It is not a peaceful protest because USCIS will not know why and for what reason you are sending the flowers. Even if it did - you need to realize that the entire system needs a fix and I will say this one more time, FLOWERS are going to change jack-shit.
Take productive things to the table to discuss. Let me give you a few pointers
1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
So for heavens sake, stop this nonsensical flower campaign. You will only piss off the folks at USCIS. Last time the flowers were re-routed to the nearby V.A hospital. This time will be no different.
In management when things dont get done at one level what do you do? You go one level above and deal with higher-ups, make your case, and usually the outcome is that the person at your level who is butting heads with you will accept what you are saying because his boss asked him to shut up and do what you are asking.
We can keep barking up the wrong tree or just circumvent USCIS and take the higher up route. For that we need representation in the corridors of power.
Whatever I'm saying will not make much sense. So forget it. Go ahead with the flower campaign. All the best.
Let me clear a misconception for you. It is not a peaceful protest because USCIS will not know why and for what reason you are sending the flowers. Even if it did - you need to realize that the entire system needs a fix and I will say this one more time, FLOWERS are going to change jack-shit.
Take productive things to the table to discuss. Let me give you a few pointers
1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
So for heavens sake, stop this nonsensical flower campaign. You will only piss off the folks at USCIS. Last time the flowers were re-routed to the nearby V.A hospital. This time will be no different.
In management when things dont get done at one level what do you do? You go one level above and deal with higher-ups, make your case, and usually the outcome is that the person at your level who is butting heads with you will accept what you are saying because his boss asked him to shut up and do what you are asking.
We can keep barking up the wrong tree or just circumvent USCIS and take the higher up route. For that we need representation in the corridors of power.
Whatever I'm saying will not make much sense. So forget it. Go ahead with the flower campaign. All the best.
more...
gimme Green!!
07-01 10:46 AM
It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.
Just go to the USPS website and locate an office that is open on Sun.
I live in the Detroit area. I know atleast 2 postoffices that are open 24 hours.
Just go to the USPS website and locate an office that is open on Sun.
I live in the Detroit area. I know atleast 2 postoffices that are open 24 hours.
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vssanka
03-17 12:06 PM
EB3-India
PD: Mar 2005
EAD-AP approved, FP done
PD: Mar 2005
EAD-AP approved, FP done
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.soulty
02-13 08:16 PM
think of the first matrix scene with neo in the underground train station, columns, seats, phone booth... dirt and aging on the walls, floating pieces of paper and rubbish on the ground, insects... its about making a mood, a scene.. use your imagination.
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rayoflight
05-27 01:46 PM
Is it legal to make photocopies of your passport in the US? They dont do it in FEDEX Kinkos etc., Ofcourse you can print it in your house.
more...
feedfront
09-20 01:45 PM
No, I've not heard anything from attorney's office.
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prioritydate
09-20 10:06 AM
Now they are saying "Smartness" is a relative term.:)
Heeeee... I know what you mean.
Heeeee... I know what you mean.
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Gate_jj
05-07 09:56 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
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thomachan72
04-11 10:06 AM
technical issue....dont know why but cant go to page 5.. this post is just to take me to the 5th page....pls ignore
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gc_chahiye
08-21 02:15 AM
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
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varshadas
02-05 05:46 PM
Hello All,
Congressman Ferguson has agreed to meet at 4:30pm this Friday, February 9th, 2007 in his district office. The address is:
45 Mountain Blvd.
Building D, Suite 1
Warren, NJ 07059
Let me know who all can make it. I think I can accomodate 3 more. I have to check the fax I sent him.
Thanks,
Varsha
Congressman Ferguson has agreed to meet at 4:30pm this Friday, February 9th, 2007 in his district office. The address is:
45 Mountain Blvd.
Building D, Suite 1
Warren, NJ 07059
Let me know who all can make it. I think I can accomodate 3 more. I have to check the fax I sent him.
Thanks,
Varsha
more...
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gimme_GC2006
04-06 11:29 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
When is your next india trip.?
in 2006, In JFK, (this is not from friend->friend->friend->friend), Citizens and non-Citizens formed two lines..right next to each other..few officers were dedicated to USC, some of them to others..when there were no USC, they handled H1Bs
Now how did I notice it all this in 10 mins or so..well..that explains..it has to be a rumour.
:D
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
btw, GCs are in separate immigration line at the airport, so I seriously doubt any H1B interview happened "right in front" of a GC holder. That's pure .. well you know what!
When is your next india trip.?
in 2006, In JFK, (this is not from friend->friend->friend->friend), Citizens and non-Citizens formed two lines..right next to each other..few officers were dedicated to USC, some of them to others..when there were no USC, they handled H1Bs
Now how did I notice it all this in 10 mins or so..well..that explains..it has to be a rumour.
:D
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va_labor2002
07-24 12:38 PM
Hi rpatel,
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
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ita
01-31 06:18 PM
Thank you very much for the response. I sent you a PM .
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
ItIsNotFunny
10-16 10:36 AM
As per IV core we should be doing lobbing and lobbing needs money. We had tried few times and the latest High Five had not collected enough money that can be used for lobbying. How can we count on our members to do something big.
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
I would say lets make a small group who is really willing to be active, share personal contact information - no anonymous. Then discuss exactly what and how to do something. Leave junks and losers behind, paying attention on them is not going to help us.
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
I would say lets make a small group who is really willing to be active, share personal contact information - no anonymous. Then discuss exactly what and how to do something. Leave junks and losers behind, paying attention on them is not going to help us.
wandmaker
10-10 01:07 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
If verified, you would end up in eating ham burger.
If verified, you would end up in eating ham burger.
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