I truly believe India IS a developed country.
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
.jpg%3D450 "MILEY CYRUS HANNAH MONTANA")
:oCan anyone explain to me how to create new thread, I don't see any options.
Thanks Gurus':o
Mr. HarryOm,
I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?
Thanks,
ampudhukode
Thanks Gurus':o
Mr. HarryOm,
I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?
Thanks,
ampudhukode
I can donate for this case if any Lawyer can help him.
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
My EAD cheques got encashed today. I had sent a single cheque for myself and my wife. I do notice two LIN numbers on the back of the cheque. BUT when i search for those numbers on USCIS website its says number DO NOT exist in the system. Has anyone faced similar issue?
Thanks
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?
Thanks
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?
I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.
Just ask the new company to apply for a new H1B and give them the approval notice of the current one which will show that you have been counted towards the quota.
Just ask the new company to apply for a new H1B and give them the approval notice of the current one which will show that you have been counted towards the quota.
I thank the idea of initiating and going about this so quickly. But if the IV or the majority of them here decide that they are going to hold rallies in San Jose/DC area, then I would not be able to participate since I don't see much representation in Denver/Boulder area.
I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.
Nothing of this kind is overdoing here.
Send Cards/Letters and more flowers
Keep the momentum going. This is not a one time affair
Anand Sharma
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
I would appreciate that IV and/or its core members support the concept of sending more flowers/letters/cards etc.
Nothing of this kind is overdoing here.
Send Cards/Letters and more flowers
Keep the momentum going. This is not a one time affair
Anand Sharma
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
Hi,
I am on H1B visa. My parents due to a medical condition cannot take care of themselves. They need someone to be present with them 24 hrs a day. Can I get them on H4 visa as dependent? I would like to keep them for 2-3 years in US and take care of them. Please let me know my options.
Thanks in advance.
CG
I am on H1B visa. My parents due to a medical condition cannot take care of themselves. They need someone to be present with them 24 hrs a day. Can I get them on H4 visa as dependent? I would like to keep them for 2-3 years in US and take care of them. Please let me know my options.
Thanks in advance.
CG
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
Right on the money.
Regards,
Right on the money.
I think - there will be more people in AF Unit this consulate
As Hyderabad is very popular in those lines.
What is AF unit?
As Hyderabad is very popular in those lines.
What is AF unit?
Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering
What an irony, these guys will not let us file nor to withdraw, :mad:
Thanks Jasmine/lacrossegc/etal,
Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,
Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..
thanks so much,
-Prasad
PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,
Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..
thanks so much,
-Prasad
PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
my employer messed it up. originally filed on June 14th and application returned due to wrong check included and mailed again on June 29th .
He needs to get his passport renew first.
Has any one here changed their maiden name or their spouses maiden name in the US? I heard that it takes 1 week if one hands over passport and documents in person. I plan to go to SFO CGi to get this done before filing I-485 on Jul 1st.
I recently got married and did not have time in India to change the name.
Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.
thanks
Anand
Hi ,
Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?
And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.
can u help me in these questions.
16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)
In the following question in the application form which option do i select for my maiden name change????????
31).Is this application for the
-first time passport
-new passport in replacement to expired/expiring passport
-lost passport
-damaged passport
Hope to get reply from u soon,
vaishu
I recently got married and did not have time in India to change the name.
Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.
thanks
Anand
Hi ,
Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?
And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.
can u help me in these questions.
16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)
In the following question in the application form which option do i select for my maiden name change????????
31).Is this application for the
-first time passport
-new passport in replacement to expired/expiring passport
-lost passport
-damaged passport
Hope to get reply from u soon,
vaishu
Hello,
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
duplicate post
