Aah_GC
07-09 02:11 PM
You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.
My take is you will receive your card by the end of August at the very least. So don't worry.
My take is you will receive your card by the end of August at the very least. So don't worry.
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Digitalosophy
03-30 12:16 PM
I'm impressed by the quality of all your guys' work. I voted mlkdave :)
co-sign well done fellas
co-sign well done fellas
GCanyMinute
08-22 09:04 PM
... 160 views until now and no one offered any help yet :o
please help :D
please help :D
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jsb
10-29 03:33 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?
There is no hard and fast rule in this matter. "Same or similar" is very vague. My guess is that if new work field is not drastically different you should be fine. But for AC21 application, as I hear, you need do nothing unless there is an RFE. Guidelines given by USCIS to their field office on AC21, seem to advise them to be quite lenient.
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?
There is no hard and fast rule in this matter. "Same or similar" is very vague. My guess is that if new work field is not drastically different you should be fine. But for AC21 application, as I hear, you need do nothing unless there is an RFE. Guidelines given by USCIS to their field office on AC21, seem to advise them to be quite lenient.
more...
go_guy123
11-23 02:23 PM
Well Said.
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
eb3retro
06-17 01:20 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
more...
grupak
03-28 11:09 AM
also, category selection (eb2, eb3 etc ) is not persistent in the session
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
2010 #39;Idol#39; Finalists Savor Group
sky7
07-26 01:04 PM
Oh...EB3 I140 Premium filling starts August. Possibly EB2 too!
http://www.immigration-law.com/
(hmm..how come my thread doesn't get updated in the main page!)
http://www.immigration-law.com/
(hmm..how come my thread doesn't get updated in the main page!)
more...
whiteStallion
05-22 07:40 PM
My PERM application filed on 10th March 2008 in Chicago, got certified this Monday(05.19.2008). So you should be very close to your approval...may be next week!
All the best!
All the best!
hair your next American Idol.
newlife2
09-19 10:21 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
more...
rajeshbillabong
09-23 11:52 PM
Hi guys,
My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
We really want the OPT option that F-1 gives.
Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?
Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.
We are very worried. Please help.
best regards,
Rajesh
My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
We really want the OPT option that F-1 gives.
Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?
Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.
We are very worried. Please help.
best regards,
Rajesh
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engineer
07-08 08:46 PM
I will send this news to my company's Asian Pacific Forum.
We have 6000 plus members and we hope ge gets help.
We have 6000 plus members and we hope ge gets help.
more...
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BharatPremi
07-27 12:40 PM
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
tkasi,
I-94 is not associated with particular employer. Your I-94 only get changed when you travel out and come back again. Even with extesnion application , no matter through which employer, your I-94 number does not get changed if you have not travelled out of USA during the period. In any way you should mention your latest I-94 number what you have and provide teh copy along with 485 application.
Note: Please seek legal advise from authorized lawyer foryour immigration
need. This is just merely my opinion.
- BharatPremi
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
tkasi,
I-94 is not associated with particular employer. Your I-94 only get changed when you travel out and come back again. Even with extesnion application , no matter through which employer, your I-94 number does not get changed if you have not travelled out of USA during the period. In any way you should mention your latest I-94 number what you have and provide teh copy along with 485 application.
Note: Please seek legal advise from authorized lawyer foryour immigration
need. This is just merely my opinion.
- BharatPremi
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yjprakash
10-24 04:58 PM
finally status for EAD and AP changed to " documents mailed".
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
more...
pictures American Idol Season 8 Finale
anilsal
10-30 04:42 PM
I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.
My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.
My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)
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vvincent72
08-16 04:59 PM
As per me, you really have to do "nothing"
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
1. You continue working with your present employer
2. Let the contract company get your H1B approved
3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
4. Wait for 6 months
5. After 6 months you will get EAD.
I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons
The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
more...
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balakishore
02-01 11:55 AM
steve,
I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.
He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.
He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
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nissan_1
01-24 02:52 PM
During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
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desi485
08-12 12:54 PM
in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.
I did not specified YES in the column where it asks if you were known by anyother name in 485.
The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.
how much chances do you see for me to get an RFE on this?
My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...
I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.
I am keeping my fingers crossed.
I did not specified YES in the column where it asks if you were known by anyother name in 485.
The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.
how much chances do you see for me to get an RFE on this?
My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...
I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.
I am keeping my fingers crossed.
perm2gc
08-02 02:22 PM
You probably meant to say that you are NOT an immigration lawyer. Correct?
Yes..sorry for the Mistake
Yes..sorry for the Mistake
lfadgyas
05-20 09:15 PM
I�m not a lawyer or attorney or anything official
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
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