chanduy9
07-03 12:54 PM
I think any flower is good, if we run out of the same..just an idea.
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
psaxena
09-10 04:00 PM
The only way out is to either go back or get together in a group and help IV to move ahead..
THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.
QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]
THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.
QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]
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eb3_nepa
05-03 05:01 PM
Only if PD is current!!!
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
more...
abq_gc
08-18 01:22 PM
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
Yeah they have to follow the 180 day rule in that case.....if the NC is pending.
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
Yeah they have to follow the 180 day rule in that case.....if the NC is pending.
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vinabath
04-25 10:54 AM
good luck with your effort. I hope it resolves smoothly. I think the employer will budge once he sees the notice from the attorney.
sometimes the employer needs to be pushed too.
sometimes the employer needs to be pushed too.
more...
abisen
09-14 06:25 AM
I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
I completely share your opinion.
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
I completely share your opinion.
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apahilaj
11-07 01:09 PM
i am pasting the format. just higlight the receipt date in all cases. no need of metioning notice dat. it should not be counted at all.
Dear Mr. Prakash ,
My name is xxxxxx and I am currently working at xxxxx as xxxx.
My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.
We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.
I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.
My details:
xxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
My wife's details:
xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Thanks a lot for your time
xxxxxxxxxxxxxxxxxxxxxxxx
Thanks much.
What is the email address that you sent this to?
Dear Mr. Prakash ,
My name is xxxxxx and I am currently working at xxxxx as xxxx.
My I-485 was filed on July 2,2007 as an employment based application. My wife, xxxxxx, application was filed as a derivative applicant. It has been over 4 months and I have not yet got an apointment for finger printing. I called up USCIS and got a response from Nebraska Service center, where my application is currently pending, that my case is waiting for an opening at local ASC.
We, residents of Bay Area, are suffering a lot from fingerprinting backlog, due to presence of few ASCs.
Also, my case was receipted at CSC and transferred back to NSC. Such cases are taking unusually longer for FP appointments. This is quite frustrating as there are other people directly receipted at NSC in August who have got fingerpinting.
I would greatly appreciate if you could take steps to speed up the process of fingerpinting appointments.
My details:
xxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
My wife's details:
xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Thanks a lot for your time
xxxxxxxxxxxxxxxxxxxxxxxx
Thanks much.
What is the email address that you sent this to?
more...
ddanait
02-17 01:01 AM
Hi
I have donated $50 earlier and want to donate another $50 for the Advocacy day but everytime I click on donate it shows me some wierd message from paypal. Please help, I would prefer to pay via paypal or donate by credit card.
Cheers,
DD
Participating in Advocay day
Getting one more person by using miles
Let's make it happen for us and all
I have donated $50 earlier and want to donate another $50 for the Advocacy day but everytime I click on donate it shows me some wierd message from paypal. Please help, I would prefer to pay via paypal or donate by credit card.
Cheers,
DD
Participating in Advocay day
Getting one more person by using miles
Let's make it happen for us and all
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cal97
11-07 05:54 PM
I took an infopass appointment today. The IO sent an e-mail to NSC after taking details like DOB, address etc. for me and my wife.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
more...
redds777
11-17 06:18 PM
Done just now .
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
Agreed. better might have been,
"The current long green card delays also cause deeply disturbing quality of life issues even for the children born inside of the US, but whose parents are high skilled immigrants caught in this seemingly never ending delay."
just my two cents.
These changes won't make much difference. Still the email is a very commendable job. Thanks!
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kittu1991
05-01 03:17 PM
Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.
more...
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minimalist
07-27 12:16 AM
1. When IV sucessfully reversed USCIS decisions last July
2. Two year EAD's.
Recapture would have solved the above problems automatically to
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
2. Two year EAD's.
Recapture would have solved the above problems automatically to
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
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murthy08
08-27 08:52 AM
They are requiring them to transfer from L1 to H1 status for L1 extensions. This will also mean an opportunity for them to move on to better paying companies and green card sponsoring companies, when they get a H1B status. A list of well paying and greencard sponsoring companies can be found by googling for "h1b unsweatshop"
more...
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gujju
08-20 09:20 PM
No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
MBawa ,
When did u mail your application .I have also not received my receipt for application filed on 18th June
Are we heading into another fiasco ?????? :confused:
PD:Dec 05
1140: TSC June 06
I485/I765/I131 sent to NSC
MBawa ,
When did u mail your application .I have also not received my receipt for application filed on 18th June
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apahilaj
11-06 01:24 PM
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
more...
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sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
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bhavinkanani
07-06 07:59 PM
Mine reached Texas at July 3rd 9-30 a.m. it was mailed on JUNE 30th via DHL for next day delivery but as per DHL they had routing discrepancy (or my bad luck) and they delivered it on JULY 3rd instead of JULY 2nd..any one out there with JULY 3rd delivery..any updates for them..
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h1bmajdoor
09-30 12:59 PM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
abq_gc
08-17 06:18 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Same here..
I-140 Approved from Texas, LUD on 07/22/2007.
I-485 reached NSC on July 2nd.
No receipts yet or check cashed.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Same here..
I-140 Approved from Texas, LUD on 07/22/2007.
I-485 reached NSC on July 2nd.
No receipts yet or check cashed.
alterego
12-14 08:38 PM
I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
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