honeyB
01-23 04:42 PM
bump
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eb3retro
02-04 10:35 PM
I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
kak1978
02-09 09:22 AM
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
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diptam
08-20 01:06 PM
Its true that Consulting companies take a good part of your BILL-RATE but other stuffs may not be THAT bad.
I'm working thru such a small company for last 3 years and this is my 4th client... 3 of the 4 clients were provided by them, no bench so far. They dont give me BillRate share but we work with a Negotiated Resonable salary based on the Cost of Living of the City where i work/consult for.....
Discuss the Terms and put in email as well as Paper before Joining - Be on Top of them even if they want to change a single spelling in that Terms Paper. You got to be very tough , aggressive as well as resistive with them for any changes they want to script against you.
I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
I'm working thru such a small company for last 3 years and this is my 4th client... 3 of the 4 clients were provided by them, no bench so far. They dont give me BillRate share but we work with a Negotiated Resonable salary based on the Cost of Living of the City where i work/consult for.....
Discuss the Terms and put in email as well as Paper before Joining - Be on Top of them even if they want to change a single spelling in that Terms Paper. You got to be very tough , aggressive as well as resistive with them for any changes they want to script against you.
I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
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DSLStart
10-02 09:22 AM
If he'll be receiving his paystubs for each pay period for next three months, he should still be in status.
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
tweetyforlife
05-06 06:27 PM
newyorker123, what happened to your interview/ I am facing possible PIMS delay and would love to hear from your experience
krishmunn, I don't quite understand the $8 that you are talking about appointments in Mexico. I checked it out and they are requiring to pay $150 for H1 appointments.
krishmunn, I don't quite understand the $8 that you are talking about appointments in Mexico. I checked it out and they are requiring to pay $150 for H1 appointments.
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goel_ar
01-10 02:08 PM
As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
Side question, very much related to OP's question.
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
Side question, very much related to OP's question.
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
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vine93
03-04 11:01 AM
These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.
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srinivas_o
08-24 12:07 AM
Gurus,
Is it wise to make an Infopass appointment to find out what document was mailed to me by USCIS as nobody from customer serivce are telling me the answer? Please let me know...
Thanks.
Is it wise to make an Infopass appointment to find out what document was mailed to me by USCIS as nobody from customer serivce are telling me the answer? Please let me know...
Thanks.
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syedajmal
08-14 03:03 PM
I e-filed both my EAD and AP. My EAD has been approved while I just recieved an RFE for Photos for AP. I was under the same assumption and did not send in the photos earlier. I did send it now with the RFE.
My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.
My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.
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ajaykk
07-27 03:30 PM
From the below FAQ2 just release by USCIS
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
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JazzByTheBay
05-30 02:08 AM
While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
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superdude
07-21 11:08 PM
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
I did not enter the A# on 485 as it is diff on 140 and OPT card. My lawyer suggested not to enter the A#. Pls cofirm the same with your lawyer
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
I did not enter the A# on 485 as it is diff on 140 and OPT card. My lawyer suggested not to enter the A#. Pls cofirm the same with your lawyer
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newyorker123
09-27 09:21 PM
Recently I filed FOIA for the complete set of documents on my I-485, becaz my employer didnt share any documents with me.
Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?
-------------------------------------------------------------------------------------------------------
Contributed $200 towards advocacy.
Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?
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Contributed $200 towards advocacy.
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pappu
07-01 10:00 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
kiyun be langde chutiye teri gand me itna dard kyun ho raha hai......
chutiya loog chitiya suggestions...chal gandu salla...
We generally do not answer people who do not have profile details/ have incomplete profile/ post anonymously/ start a thread only to ask IV to make a show rather than directly contacting IV.
Your posts were deleted due to the following reason:
- Read your own post above in red. We would have banned you from this site after you wrote that, but we tolerated you.
- Do not create action items without consulting IV.
- You need to follow politics, strategy and developments closely. You joined 2 days ago and trying to run a campaign without fully reading and understanding how things work with bills. Quoting an old bill, not understanding it and and basing your assumptions on that is wrong. Join the effort and be a part of the group to understand the political process. Be a part of a state chapter or a volunteer group in IV and contribute your time to this effort. That work will be more meaningful.
If you continue to post offensive content and try to run campaign that do not follow IV strategy, we will be forced to deny you access to this site.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
kiyun be langde chutiye teri gand me itna dard kyun ho raha hai......
chutiya loog chitiya suggestions...chal gandu salla...
We generally do not answer people who do not have profile details/ have incomplete profile/ post anonymously/ start a thread only to ask IV to make a show rather than directly contacting IV.
Your posts were deleted due to the following reason:
- Read your own post above in red. We would have banned you from this site after you wrote that, but we tolerated you.
- Do not create action items without consulting IV.
- You need to follow politics, strategy and developments closely. You joined 2 days ago and trying to run a campaign without fully reading and understanding how things work with bills. Quoting an old bill, not understanding it and and basing your assumptions on that is wrong. Join the effort and be a part of the group to understand the political process. Be a part of a state chapter or a volunteer group in IV and contribute your time to this effort. That work will be more meaningful.
If you continue to post offensive content and try to run campaign that do not follow IV strategy, we will be forced to deny you access to this site.
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waiting for GC2010
11-16 02:35 PM
I heard this from one of my friends
one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
So,the guy also changed to EAD.
But ofcourse this might not be the case with everyone.
never knows everything depends on our fate.
one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
So,the guy also changed to EAD.
But ofcourse this might not be the case with everyone.
never knows everything depends on our fate.
more...
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samcam
10-24 01:44 PM
I guess it depends.. Initital fee is $2000 and then there are add ons to it based on different scenarios (none of them less than 250$ per person).
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akmypoints
10-29 02:15 PM
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
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nc14
11-03 04:09 PM
I am a regular contributor.
reached $525 and doing $25 from last month onwards.
reached $525 and doing $25 from last month onwards.
nogc_noproblem
06-27 03:58 PM
Paper based. Sent on May 5th to NSC.
Can you please provide below details
when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?
Can you please provide below details
when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?
desih1b
04-06 02:53 PM
I am sorry, you are eligible for the emergency appointment because You are returning worker on h1b. But sometimes you dont get any slots in emergency appointment also. thats the reason i advised you to email to chennai consulate.
When i went to india in last october, thats what i did. I had to leave for india because of my father-in-law was died. Because it was emergency i did not have time to take the appointment while going to india. after going, i tried for emergency appointment but there were no slots before my ticket return date. then i contacted chennai consulate (not VFS), then they gave me the date and time for the interview. everything went well.
all the best!
thanks
When i went to india in last october, thats what i did. I had to leave for india because of my father-in-law was died. Because it was emergency i did not have time to take the appointment while going to india. after going, i tried for emergency appointment but there were no slots before my ticket return date. then i contacted chennai consulate (not VFS), then they gave me the date and time for the interview. everything went well.
all the best!
thanks
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