sathyaraj
12-12 12:40 PM
Do not worry too much about your role change, because when you are using AC21 you need to be in same or similar job as specified in ONET job codes.
If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.
http://www.onetcodeconnector.org/ccreport/15-1051.00
If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.
If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.
http://www.onetcodeconnector.org/ccreport/15-1051.00
If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.
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shukla77
11-14 09:15 PM
:)Wow.. That sounds like a plan..:D:D:D.. What about contacting Lalu...
[QUOTE=kumarc123;195464]Hello all IV members,
Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country
QUOTE]
[QUOTE=kumarc123;195464]Hello all IV members,
Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country
QUOTE]
tnite
06-18 11:59 AM
Hi Guys:
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
Had some questions with regards to my actual 485 form.
situation:
2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)
2003-2004 - OPT
2004-2007 - 1st H1 (never got it stamped)
2007-2010 - 2nd H1 (stamped last month in canada)
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.
In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )
This situation of yours hinges on technicality and better talk to a lawyer.
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shana04
05-28 11:59 PM
I am a July 2007 filer and he expects an RFE for employment verification on my case.
I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)
And RFE for current residence proof
I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)
And RFE for current residence proof
more...
sabeesh
04-27 08:06 PM
Is there any minumum periods which i can reenter to us with the same old VISA. Means if i travel back on July/Aug and my VISA expires on Sept. I heard i should have a minimum 3 months validity for the VISA before i am reentering to US. Is that true?
newlife2
09-19 10:57 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...
vamsi_poondla
01-19 01:17 PM
Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
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add78
05-30 09:54 AM
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
What Snathan said above is absolutely 100% correct.
However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.
more...
ras
05-23 10:29 AM
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
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yganreddy
08-31 12:45 PM
According to my knowledge you have 2 options
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94
more...
bp333
11-05 02:18 PM
Just voted, thank you for sharing. I'll spread the word..
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Lasantha
10-05 11:36 AM
Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.
Yep! Hey who knows? This might be your year too! :D
Yep! Hey who knows? This might be your year too! :D
more...
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arorasa
01-01 01:20 AM
Good thread. Encourage more people to vote !
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hariswaminathan
01-21 07:15 PM
If your husband is on H1-B he should NOT have an expired I-94 as this would mean he is out of status. I presume you have extended his H1-B (I797 approval) which would have your new I-94 attached to it.
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
beyond this - i concur with others that i recently did go to India on vacation with family on AP and there is no longer a requirement that visit outside while I-485 requires a valid reason. This clause was for an old situation when all categories were current and people got their GCs within months of filing I-485 and they didnt like you travelling during this short period. With GCs now taking years for approval they cannot ask you to remain in this country indefinitely without travel.
that being said - I have heard of horror stories from people arriving at certain ports of entry (SFO If im not mistaken) where the uninformed IO has questioned them on their reason for leaving and threatening to take action because "vacation" is not considered as valid emergency travel. I would therefore prepare some kind of answer incase you come across one of these buffoons.
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
more...
pictures Bieber-Gomez-Billboard.jpg
SGP
04-14 06:29 AM
Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.
So, can you
1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes
and not raise any of the following red flags :
1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.
2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised
3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine
4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US
5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not
Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.
Please see my replies in Bold Dark Green.
____________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.
So, can you
1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes
and not raise any of the following red flags :
1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.
2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised
3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine
4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US
5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not
Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.
Please see my replies in Bold Dark Green.
____________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
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prdgl
02-11 11:08 AM
But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
more...
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mbawa2574
08-05 12:26 PM
Get your Green and be happy bud !! USCIS is a black hole. There is no queue, no FIFO and no accountability. I would rather pay them extra $1290 if they can guarantee that my app would be approved in a specific time frame. I hate to dial that number and talk to those inefficient unskilled IO's and customer service people.
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rsdang
11-20 10:53 AM
http://cli.gs/De4Z4u
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Are we missing something?
I wish Nebraska did this too and for all forms not just I-140...
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Are we missing something?
I wish Nebraska did this too and for all forms not just I-140...
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Project_A
10-27 10:07 AM
Thank you.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
tonyHK12
01-21 09:41 AM
Read this link from Murthy.com:
MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)
" At the present time, it would be wise for H1B workers employed by IT consulting companies, as well as their H-4 spouses, that they limit international travel unless it is absolutely necessary. Those working for employers in other sectors also face risks that should be carefully considered before traveling internationally and applying for visa stamps abroad. "
pretty tough having to do it in the holiday season. The article says its an attempt to tighten the screws on fraudulent partices in H1b.
MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)
" At the present time, it would be wise for H1B workers employed by IT consulting companies, as well as their H-4 spouses, that they limit international travel unless it is absolutely necessary. Those working for employers in other sectors also face risks that should be carefully considered before traveling internationally and applying for visa stamps abroad. "
pretty tough having to do it in the holiday season. The article says its an attempt to tighten the screws on fraudulent partices in H1b.
Phaedra
05-30 11:54 AM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
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