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lazycis
12-21 06:53 PM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
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Refugee_New
04-08 11:58 AM
I called the TSC IO a few times and finally it got cleared. Yes my PD is current and I wish the case gets assigned to some one soon.
These IO's knows nothing and they talk all bullshit. They keep on changing the story whenever you call them. Thats what happened in my case.
In Feb '08 my NC was pending
Mid Feb' 08 NC cleared
March 1st, NC pending
March 15, NC cleard and good to go
March 26, NC pending and waiting to be assigned to officer
April4th, NC pending and still waiting to go to an officer.
These IO's knows nothing and they talk all bullshit. They keep on changing the story whenever you call them. Thats what happened in my case.
In Feb '08 my NC was pending
Mid Feb' 08 NC cleared
March 1st, NC pending
March 15, NC cleard and good to go
March 26, NC pending and waiting to be assigned to officer
April4th, NC pending and still waiting to go to an officer.
pappu
08-24 07:18 PM
are they from same EB catagory? or different?I like many others got a PERM labor & got 140 based on PERM labor.
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
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lostinbeta
10-28 10:21 PM
Yeah, usually people look for credentials when finding a web designer.
You know what you could try to do?
Possibly create so mock sites to add to your portfolio to show people who are looking.
Like they don't have to be for a real company, make something up, build a site and use that to show people.
You know what you could try to do?
Possibly create so mock sites to add to your portfolio to show people who are looking.
Like they don't have to be for a real company, make something up, build a site and use that to show people.
more...
va_dude
10-17 09:45 PM
Do you mean the first two digits of these two job codes:
13-2011.02 and 13-2011.01
So as per this law form, since they both start with a 13 we are good?
-R
13-2011.02 and 13-2011.01
So as per this law form, since they both start with a 13 we are good?
-R
ravi2patel
07-24 05:19 PM
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.
good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.
more...
gdhiren
05-14 10:18 AM
Receipt Date: Feb 7, 2007
EB 2, Non-premium
Pending as of 05/14/2007
EB 2, Non-premium
Pending as of 05/14/2007
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lostinbeta
10-14 02:17 AM
You mean a paw print?
more...
Azgc005
07-19 09:04 PM
Provided your future employer is willing to transfer H1-B
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bablata2007
11-27 03:18 PM
My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?
Pls help.
Thanks.
Pls help.
Thanks.
more...
skothuru
06-28 03:29 PM
Our Employment Verification Letter States:
We are looking forward to his continued employment with us. --> Is this OK?
Or should it be something like:
We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.
Plz Advice!!!!
We are looking forward to his continued employment with us. --> Is this OK?
Or should it be something like:
We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.
Plz Advice!!!!
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January 30th, 2008, 11:06 AM
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saran4
03-03 09:05 PM
Hi all,
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
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abhishek101
05-21 12:42 AM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
more...
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deecha
06-17 01:20 PM
So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?
He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.
Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.
As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.
He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.
Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.
As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.
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chanduv23
03-15 02:11 PM
You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.
more...
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help43
09-23 02:16 PM
I applied for H1-B amendemnt with premium processing.
But i am unable to see any updates with my reciept number, i mean my current status still the same as before.
do you think, do they have my h1-b amendment petition with them? or not?
But i am unable to see any updates with my reciept number, i mean my current status still the same as before.
do you think, do they have my h1-b amendment petition with them? or not?
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pappu
04-24 11:14 AM
OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?
We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.
We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.
IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.
Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.
We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.
We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.
IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.
Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.
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ndbhatt
02-07 12:34 AM
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,
I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.
I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,
I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.
I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
sundeep14
10-29 01:00 PM
I checked my current labor certification. it has the following details :
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
ETA FORM 9089
A) PREVAILING WAGE INFORMATION
SOC/O*NET(OES) CODE
15-1031.00
OCCUPATONAL TITLE
COMPUTER SOFTWARE ENGINEER
B) JOB OPPORTUNITY INFORMATION
JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)
C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
PROGRAMMER ANALYST OR SYSTEMS ANALYST
D) JOB DUTIES
CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES
My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.
Any ideas friends?
GCBatman
04-13 10:42 AM
Thanks gcisadawg.
I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
Thanks,
You have multiple options.
1> Just keep the money with your old company. This is possible if the balance is above 5K.
You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.
2> Shift the money to a new/exsisting IRA.
Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
If you don't deposit within specific time period then you would incur tax and 10% penalty.
-GCisaDawg
I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
Thanks,
You have multiple options.
1> Just keep the money with your old company. This is possible if the balance is above 5K.
You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.
2> Shift the money to a new/exsisting IRA.
Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
If you don't deposit within specific time period then you would incur tax and 10% penalty.
-GCisaDawg
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