fuzzy logic
07-01 12:46 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
wallpaper The Horror: William and Kate
santb1975
04-15 04:36 PM
Team IV
http://immigrationvoice.org/forum/showthread.php?t=18387
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
http://immigrationvoice.org/forum/showthread.php?t=18387
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Canadianindian
04-15 08:11 PM
I agree with the thought that with the critical mass of 10,000 and growing ppl, it is a matter of time when such political organizations contact us for support in terms of both:
1) Our ability to influence our fellow Indian American Citizens (relatives) to support an organization
2) Our ability to generate monetary support.
However, rather than such organizations approaching us, we have to be proactive in making these political organization aware of our ability to contribute. Our strenght in numbers, and our ability to influence and support has to be evident and communicated. The NY/NJ chapter is making some effort to contact our senators/congressman, but it has fallen to deaf ears.
My question is that can a senior member of IV team approach these policital parties, just like other Indian groups are approaching, and showcase our strength (support and money).
Also, are there any IV offical letter heads that can be used while faxing meeting requests to political parties.
1) Our ability to influence our fellow Indian American Citizens (relatives) to support an organization
2) Our ability to generate monetary support.
However, rather than such organizations approaching us, we have to be proactive in making these political organization aware of our ability to contribute. Our strenght in numbers, and our ability to influence and support has to be evident and communicated. The NY/NJ chapter is making some effort to contact our senators/congressman, but it has fallen to deaf ears.
My question is that can a senior member of IV team approach these policital parties, just like other Indian groups are approaching, and showcase our strength (support and money).
Also, are there any IV offical letter heads that can be used while faxing meeting requests to political parties.
2011 The Prince William amp; Kate
santb1975
02-15 05:41 PM
I will keep you posted on how this goes.
May you have plenty of supporters coming your way.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
May you have plenty of supporters coming your way.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
more...
raysaikat
04-21 01:17 PM
... it is essential that one be in H1-B status.
This is patently wrong. There are many people who are on EAD at the time of I-485 adjudication.
The only legal requirement is that the person has a valid offer from the I-140 sponsoring company (or some other one, if AC21 is used) for a same or similar job (similar to what was mentioned in the LC). In practice, the petitioner should have the job at the time of adjudication.
This is patently wrong. There are many people who are on EAD at the time of I-485 adjudication.
The only legal requirement is that the person has a valid offer from the I-140 sponsoring company (or some other one, if AC21 is used) for a same or similar job (similar to what was mentioned in the LC). In practice, the petitioner should have the job at the time of adjudication.
babuworld
11-19 03:33 PM
Gurus , I dont know if this question have been addressed before. I am currently on H1B and is valid still july 2009. But i dont have stamping on my passport. I am waiting for AP for my wife and myself. If we user AP to India Trip then
1.Is my H1B still valid?
2. What will be the status? My employer didnt apply for EAD at this movement.
Thanks in advance for your suggestions.
1.Is my H1B still valid?
2. What will be the status? My employer didnt apply for EAD at this movement.
Thanks in advance for your suggestions.
more...
signin241
04-04 02:36 PM
My wife couldn't file her 485 as we got married in September. That's why I've to wait for her to get a valid visa (H1 if her file is picked in the lottery), else
F1 later.
Then If I use EAD, Is there any risk to her or myself ??
Is it Possible for me to come back to H1 once I start using EAD. (I have H1 valid till November 2010). ??
Thanks again for your response.
F1 later.
Then If I use EAD, Is there any risk to her or myself ??
Is it Possible for me to come back to H1 once I start using EAD. (I have H1 valid till November 2010). ??
Thanks again for your response.
2010 ge prince william fridge.
ameryki
02-27 02:32 PM
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
more...
shishya
09-27 01:12 AM
y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....
Helping by suggesting a way out? Wow, thanks! With all due respect, I'd request you to keep your opinion about who should file my H1B to yourself. I had a straightforward simple question, if you do not want to answer, so be it. And please mind your own business rather than judging if I am doing my job or not just coz I seem to be day trading. Think before you post crap. Thank you.
Helping by suggesting a way out? Wow, thanks! With all due respect, I'd request you to keep your opinion about who should file my H1B to yourself. I had a straightforward simple question, if you do not want to answer, so be it. And please mind your own business rather than judging if I am doing my job or not just coz I seem to be day trading. Think before you post crap. Thank you.
hair prince william and harry as
santb1975
03-24 12:37 PM
I am listening to this now
more...
chanduv23
09-04 04:14 PM
Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.
Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS
Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS
hot prince william kate middleton
xela
06-10 12:51 PM
It s been a while since i have said anything here, and mostly because it seems this has become a "everyones racist against indians" and everyone else isnt important kind of talk.
while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....
:(:confused:
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
while I understand most here are from India, please refrain from putting the ROW people down and make it sound like we have no wait at all. i ve been here since 2000 and started my green card process in 2003. I m just as frustrated, but I refrain from coming here and telling everyone how ROW should get all the good stuff and the rest can go to ....
:(:confused:
we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"
We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
MAKE A NOISE
more...
house kate and william photos. kate
cjain
11-12 05:42 PM
after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..
i am not a lawyer
i am not a lawyer
tattoo prince william harry ge prince
Gray_xx
05-28 10:32 AM
whatta ? I see such mess first time in my life
more...
pictures The royal fridge and freezer
TomTancredo
03-16 04:33 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
dresses kate and william wedding
prem_goel
08-05 05:15 PM
that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"
Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.
Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.
more...
makeup kate and william. to be
jungalee43
06-30 07:39 AM
Thanks neverbefore.
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
girlfriend kate middleton william wedding
NolaIndian32
02-10 10:05 PM
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Best of Luck
hairstyles kate and william royal wedding
BPforGC
03-05 11:52 PM
My wife got RFE before leaving for India. Unless you know what the RFE is about, do not leave the country under any circumstances. RFE dates cannot be extended without compelling reasons. If you do not answer RFE, your petition has the chance of being considered "abandoned". Call the service center, not customer service, and find out about the content of RFE and tell them that you updated the address but you still did not get it.
They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.
If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.
They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.
If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.
chanduv23
06-12 10:30 AM
Hi Mr. Singh,
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
Why before October?
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
Why before October?
royus77
07-17 10:59 PM
The link is not working
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
No comments:
Post a Comment