Munna Bhai
12-10 02:48 PM
After reading so much into AC21 i'm still missing something.
Please consider this scenario.
I'm in good terms with the original GC sponsoring employer and have an approved I140. I want to switch to an entirely diff job(or may be even unemployed) using EAD. I can produce an offer letter (at the time of adjudication or for RFE) saying this company (or if they go out of business a diff company) will hire me in the same occupation once the GC is approved. In that case will AC21 come into play? So do i need to worry about doing a same/similar occupation while on EAD if i have a future job offer?
I remember reading unitednation doing something similar.
TIA
The only issue is, once you get GC, you need to go back to old employer & work for them at that salary for 6 months. Is this doable?? if yes, then go ahead..forget AC21, use EAD for any job.
Please consider this scenario.
I'm in good terms with the original GC sponsoring employer and have an approved I140. I want to switch to an entirely diff job(or may be even unemployed) using EAD. I can produce an offer letter (at the time of adjudication or for RFE) saying this company (or if they go out of business a diff company) will hire me in the same occupation once the GC is approved. In that case will AC21 come into play? So do i need to worry about doing a same/similar occupation while on EAD if i have a future job offer?
I remember reading unitednation doing something similar.
TIA
The only issue is, once you get GC, you need to go back to old employer & work for them at that salary for 6 months. Is this doable?? if yes, then go ahead..forget AC21, use EAD for any job.
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immi_2006
03-03 12:03 PM
Hi immi_2006,
Did your SIL worked on CPT anytime ?.
Thanks
Yes
Did your SIL worked on CPT anytime ?.
Thanks
Yes
gc_aspirant_prasad
07-06 02:13 PM
My lawyer suggested the same thing & have indicated that they ll not charge twice if the app has to be submitted again. They are concerned about the suit, and want to ensure that if a class action follows, we are eligible as members of the class to the extent they can define it now.
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my_gc_wait
06-10 11:47 PM
My PD is Jan04 for EB3 India and its severely retrogressed. I wasn't available for EB2 filing at that time.
Now my current employer can not file my GC in EB2 and use the same Priority date as all the experience is in the current company.
Now if I change employers and new employer files my GC in EB2, can my same priority date be used for the new GC? My I140 is approved and I485 was filed in July 07.
Can there be any problems if I go this route, can my current employer revoke my I140 before my I140 is filed for new EB2 GC? Or is it a safe bet to go this route and get GC faster because if my same PD is kept in EB2 it will be current as soon as I140 is filed.
Please let me know your opinion.
Now my current employer can not file my GC in EB2 and use the same Priority date as all the experience is in the current company.
Now if I change employers and new employer files my GC in EB2, can my same priority date be used for the new GC? My I140 is approved and I485 was filed in July 07.
Can there be any problems if I go this route, can my current employer revoke my I140 before my I140 is filed for new EB2 GC? Or is it a safe bet to go this route and get GC faster because if my same PD is kept in EB2 it will be current as soon as I140 is filed.
Please let me know your opinion.
more...
english_august
07-15 11:16 PM
We are planning a rally on 07/28.
Is the date decided? Please make sure that for any rally, multiple dates are not given out because it causes a lot of confusion. In my opinion, this is how any rally should be organized (gsc999 and franklin can correct me or add to this):
Interested people from that area get together through emails/phone calls/IV forums to identify a group of people that are willing to put in a lot of effort in organizing the rally. As San Jose people will tell you, it requires substantial effort and energy.
Decide upon When and Where - check with local authorities about the venue and date/time and make sure that you get the approval.
Create a press release.
NOW ANNOUNCE ON A PUBLIC THREAD ON IV WITH ALL THE INFORMATION ABOUT THE RALLY AS WELL AS A LINK TO THE PR
Spread the information so that participation is maximized and media is at hand to cover it
Work on logistics - banners etc. - check with San Jose rally team to learn from their experience.
Is the date decided? Please make sure that for any rally, multiple dates are not given out because it causes a lot of confusion. In my opinion, this is how any rally should be organized (gsc999 and franklin can correct me or add to this):
Interested people from that area get together through emails/phone calls/IV forums to identify a group of people that are willing to put in a lot of effort in organizing the rally. As San Jose people will tell you, it requires substantial effort and energy.
Decide upon When and Where - check with local authorities about the venue and date/time and make sure that you get the approval.
Create a press release.
NOW ANNOUNCE ON A PUBLIC THREAD ON IV WITH ALL THE INFORMATION ABOUT THE RALLY AS WELL AS A LINK TO THE PR
Spread the information so that participation is maximized and media is at hand to cover it
Work on logistics - banners etc. - check with San Jose rally team to learn from their experience.
vikramy
06-04 06:59 PM
Thanks, but do you know while doing a H1 transfer do i need to provide payslip of the company with which h1 was intially approved (In my case it's the company which in left in January) or the payslips of current company with which my h1 transfer denied is enough.
B'coz all my recent pay slips are with company which failed to get a H1 transfer.
If your H1B with older employer hasn't expired and they haven't canceled it, you can go back to your old employer.
You can also try transferring to another company. As a safety precaution I would do the following.
1. Make sure the new company has good record with USCIS.
2. Move to the new company only once you get the approval notice.
( Don't start working on a receipt notice)
B'coz all my recent pay slips are with company which failed to get a H1 transfer.
If your H1B with older employer hasn't expired and they haven't canceled it, you can go back to your old employer.
You can also try transferring to another company. As a safety precaution I would do the following.
1. Make sure the new company has good record with USCIS.
2. Move to the new company only once you get the approval notice.
( Don't start working on a receipt notice)
more...
Sreenuuk
06-19 04:33 PM
For me also it happen same. Doctor told me to go county office and get vaccine and bring the paper work to them.
Unfortunately I went to county office and they told they can give chickenpox vaccine on same day of MMR. Then I called USCIS clinic and told them the situation and they said they will arrange vaccine for me today.
Unfortunately I went to county office and they told they can give chickenpox vaccine on same day of MMR. Then I called USCIS clinic and told them the situation and they said they will arrange vaccine for me today.
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srikondoji
07-14 11:06 PM
count me in.
I am from NewHampshire, Nashua.
Lets organize the rally on the same line as San Jose. For those in the New England area speak now or forver hold your license.
PM me. I along with my wife and 10 ppl are ready
I am from NewHampshire, Nashua.
Lets organize the rally on the same line as San Jose. For those in the New England area speak now or forver hold your license.
PM me. I along with my wife and 10 ppl are ready
more...
go_guy123
05-10 04:09 PM
Thanks for sharing the link but honestly there is nothing new in this one. Immigration reform is being talked about since bush era and so far nothing has happened! Do not be surprised if you see an other version of this document in 2020 too!
This one for courting Latino votes for 2012. Even latino groups now openly say it is a joke and all talk. CIR aka mass amnesty is an impossible fantasy.
This one for courting Latino votes for 2012. Even latino groups now openly say it is a joke and all talk. CIR aka mass amnesty is an impossible fantasy.
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h1b_professional
07-12 02:32 PM
Looks like something is cooking behind closed doors. Hope we have a positive resolution of this issue soon
more...
Macaca
11-09 03:58 PM
There are 2 very dangerous reports at the site.
Globalization of R&D and Innovation: Implications for U.S. STEM Workforce and Policy (http://www.urban.org/publications/901129.html) Testimony before the U.S. House Subcommittee on Technology and Innovation By Harold Salzman, November 06, 2007
Assessing the Evidence on Science and Engineering Education, Quality, and Workforce Demand (http://www.urban.org/publications/411562.html) By B. Lindsay Lowell, Harold Salzman, October 29, 2007
The second report was covered by The Science Education Myth (http://www.businessweek.com/smallbiz/content/oct2007/sb20071025_827398.htm?chan=search) By Vivek Wadhwa | Business Week, October 26, 2007. It was criticized in the attached blog (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=23253&productCode=spec). I did not see any explanation for validity of this report. It is possible that the article did not cover all aspects of the report. I did not read the report.
One way of rebutting the report is to give examples of companies looking for persons. They appear to be claiming that this is not convincing.
The better way to rebut it is to show weakness in the model created in the report. This requires a very careful analysis of the report and a knowledge of US Education.
I very seriously urge some members to dissect this report and follow this debate very very carefully. It will keep coming back again and again and again ...
Please take it very seriously!
Globalization of R&D and Innovation: Implications for U.S. STEM Workforce and Policy (http://www.urban.org/publications/901129.html) Testimony before the U.S. House Subcommittee on Technology and Innovation By Harold Salzman, November 06, 2007
Assessing the Evidence on Science and Engineering Education, Quality, and Workforce Demand (http://www.urban.org/publications/411562.html) By B. Lindsay Lowell, Harold Salzman, October 29, 2007
The second report was covered by The Science Education Myth (http://www.businessweek.com/smallbiz/content/oct2007/sb20071025_827398.htm?chan=search) By Vivek Wadhwa | Business Week, October 26, 2007. It was criticized in the attached blog (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=23253&productCode=spec). I did not see any explanation for validity of this report. It is possible that the article did not cover all aspects of the report. I did not read the report.
One way of rebutting the report is to give examples of companies looking for persons. They appear to be claiming that this is not convincing.
The better way to rebut it is to show weakness in the model created in the report. This requires a very careful analysis of the report and a knowledge of US Education.
I very seriously urge some members to dissect this report and follow this debate very very carefully. It will keep coming back again and again and again ...
Please take it very seriously!
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gc_wow
02-14 12:14 AM
Constitution of United States guarantees that any resident can live in any 50 states,no body can tell anybody to live in one state or another state.
What did not happen was Labor Laws,Tax Laws and Immigration Laws are not writtern accordingly.
What did not happen was Labor Laws,Tax Laws and Immigration Laws are not writtern accordingly.
more...
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ramaonline
05-20 06:24 PM
If the total duration of unauthorized stay in the US is less than 180 days then you should not have any issues. Google for 180 days unauthorized presence and you will get some hits. Also, please consult a qualified attorney regarding this.
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mbartosik
04-08 11:30 AM
This is probably best answered on murthy.com or similar. However, he's want I think I know (legal disclaimers etc)/
I think that these are your options...
1) If employer A (laid off from) does not withdraw your LA and is still in existance at the time the BEC may eventually process it then you might be lucky and get the LC anyway, since the LC is for the job. This does mean that employer A must have already replied to the 45 day letter, and the BEC must not issue any rfe's (requests for evidence). If that happens you might be able to use the LC to keep the priority date.
Best check on murthy.com
2) You need a new sponsor for H1B asap.
You need the LC to be pending for 12 months to be able to get the 9th year H1B. So leaving the laber in BEC could be critical. I would say apply for the 9th year as soon as you can (you can do it 6 months in advance). Otherwise if it is cancelled you might not be able to get a 9th year H1B. Make sure that you know your case number, especially if a corporate attorney was used.
3) Have new employer apply for perm asap, so that if the LC gets cancelled you need the I-140 to have been outstanding for at least a year (or approved). That means find a new employer ASAP, or you'll be out of status.
4) You can transfer your existing H1B without problem, and work for a new employer B as soon as the transfer docs are filed with USICS. You don't need to wait for approval as long as you don't been to travel.
5) Get your own immigration attorny, don't rely on a corporate one. If you can have the employer write the checks and if need be deduct from your salary. That way it is pre-tax. Also that way you have direct access to the attorny because he/she works for you, not for the company.
Good luck
I think that these are your options...
1) If employer A (laid off from) does not withdraw your LA and is still in existance at the time the BEC may eventually process it then you might be lucky and get the LC anyway, since the LC is for the job. This does mean that employer A must have already replied to the 45 day letter, and the BEC must not issue any rfe's (requests for evidence). If that happens you might be able to use the LC to keep the priority date.
Best check on murthy.com
2) You need a new sponsor for H1B asap.
You need the LC to be pending for 12 months to be able to get the 9th year H1B. So leaving the laber in BEC could be critical. I would say apply for the 9th year as soon as you can (you can do it 6 months in advance). Otherwise if it is cancelled you might not be able to get a 9th year H1B. Make sure that you know your case number, especially if a corporate attorney was used.
3) Have new employer apply for perm asap, so that if the LC gets cancelled you need the I-140 to have been outstanding for at least a year (or approved). That means find a new employer ASAP, or you'll be out of status.
4) You can transfer your existing H1B without problem, and work for a new employer B as soon as the transfer docs are filed with USICS. You don't need to wait for approval as long as you don't been to travel.
5) Get your own immigration attorny, don't rely on a corporate one. If you can have the employer write the checks and if need be deduct from your salary. That way it is pre-tax. Also that way you have direct access to the attorny because he/she works for you, not for the company.
Good luck
more...
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tosatish5
04-11 02:00 PM
This is what my lawyer said. If is for those that filed after Feb 2008 then they will have to wait for years to get their i-140 approved (EB3) or get it aproved almost immediately for EB1/2).
When did you file?
Are you EB3?
This may not be true. Even EB2 has to wait for considerable time(years) to get I140 approved with the kind of speed the PD's are moving. The people with recent priority dates, who applied concurrently to TSC are screwed.
Any chance of reinstating Premium Processing for I-140, if it is then it can be a breather
When did you file?
Are you EB3?
This may not be true. Even EB2 has to wait for considerable time(years) to get I140 approved with the kind of speed the PD's are moving. The people with recent priority dates, who applied concurrently to TSC are screwed.
Any chance of reinstating Premium Processing for I-140, if it is then it can be a breather
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JulyFiler
12-24 12:55 PM
You start working for your new employer after you receive the copy of H1B transfer receipt.
Try to collect the below documents from your current employer;
1. LCA Form 750 (pre-perm) or 9089 (perm) & approval page
2. 140 Approval Notice
3. Employment Verification Letter that was initially submitted with your 485 - at least a content.
4. You should have the copy of 485 form w/ you - as employer can not submit with out your signature.
5. 485 Receipt Notice
hi Wandmaker
Thanks for the replies..
I was planning on getting these docs from employer and then telling him abt the new job but unfortunately the new comp did a background check and called my employer. So I had to tell him and now obviously he doesnt want to co-operate. I will try to reason with him again but considering the worst case can we proceed without these?
For 485, employer got us (all his consultants) to write him a letter saying we authorize the attorney's to sign on our behalf, to save time. So unfortunately we dont have copies of 485's.
Try to collect the below documents from your current employer;
1. LCA Form 750 (pre-perm) or 9089 (perm) & approval page
2. 140 Approval Notice
3. Employment Verification Letter that was initially submitted with your 485 - at least a content.
4. You should have the copy of 485 form w/ you - as employer can not submit with out your signature.
5. 485 Receipt Notice
hi Wandmaker
Thanks for the replies..
I was planning on getting these docs from employer and then telling him abt the new job but unfortunately the new comp did a background check and called my employer. So I had to tell him and now obviously he doesnt want to co-operate. I will try to reason with him again but considering the worst case can we proceed without these?
For 485, employer got us (all his consultants) to write him a letter saying we authorize the attorney's to sign on our behalf, to save time. So unfortunately we dont have copies of 485's.
more...
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santb1975
10-02 11:51 AM
Hopefully part of the 700 billion rescue package will go to IV ..That will be my dream come true :)
You are welcome - We meet again in the funding thread :)
You are welcome - We meet again in the funding thread :)
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alien2006
07-06 01:37 PM
Mihir, Are you sure about I140 is portable? I heared the only way for portability is that your I-485 must be filled and shd be at least 6 month old?
Yes Mihir is right. I have checked up a few websites - Murthy, Rajeev Khanna, Oh Law firm and that's what they said too.
Yes Mihir is right. I have checked up a few websites - Murthy, Rajeev Khanna, Oh Law firm and that's what they said too.
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neoklaus
11-14 04:14 PM
08/13/07.
Was your FP appointment a "Code 3"? I managed to get a infopass appointment on Nov 14th(more than 90 days from receipt date) just to be on the safe side. Lets see what happens.
They have 3 types: "Code 1"- fingerprints only
"Code 2"-FP+Picture
"Code 3"- FP+Picture+Signature
Probably USCIS using "Code 1"(from time to time "Code2" cause you're getting older) when you have to do FP again... and again... and again... due to expiration and not gettin' GC still...
I made Infopass too on a 91st day( EAD), but canceled it-they send me an e-mail that my EAD card has been ordered exactly on a 90th day( just for Info:for me it was after FP was done 4 days before. My husband & daughter
get ther EAD 3 weeks before FP ) We are "with" NSC
Was your FP appointment a "Code 3"? I managed to get a infopass appointment on Nov 14th(more than 90 days from receipt date) just to be on the safe side. Lets see what happens.
They have 3 types: "Code 1"- fingerprints only
"Code 2"-FP+Picture
"Code 3"- FP+Picture+Signature
Probably USCIS using "Code 1"(from time to time "Code2" cause you're getting older) when you have to do FP again... and again... and again... due to expiration and not gettin' GC still...
I made Infopass too on a 91st day( EAD), but canceled it-they send me an e-mail that my EAD card has been ordered exactly on a 90th day( just for Info:for me it was after FP was done 4 days before. My husband & daughter
get ther EAD 3 weeks before FP ) We are "with" NSC
Janisaris
10-03 12:04 PM
Same here. No updates yet. Sent a mail to the lawyer to see if the checks are cleared. As usual no news !!.
eastwest
04-25 03:43 PM
I am all for it, Lets start talking I am sure something good will come out of it.
It will be great help to many in this forum.
Can we have a similar forum based job board? Categarised to different jobs?
Since IV has different goals, I am not sure if we can use IV resources for job posting etc..
It will be great help to many in this forum.
Can we have a similar forum based job board? Categarised to different jobs?
Since IV has different goals, I am not sure if we can use IV resources for job posting etc..
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