lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
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Kodi
07-30 09:54 AM
Just received an email from CRIS, our I-131 was approved. Nothing on EAD.
akhilmahajan
02-26 04:04 PM
bump^^^^^^^^^^^^^^^^
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snathan
02-09 09:24 PM
Any one else....today?
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Saralayar
03-16 06:57 PM
some useful info from Ron gotcher
http://imminfo.com/Newsletter/2009-3/2009-03.html
I do not see any article related to the EB3 prediction in the URL link you have provided.
http://imminfo.com/Newsletter/2009-3/2009-03.html
I do not see any article related to the EB3 prediction in the URL link you have provided.
mygc2006
09-08 11:48 AM
EB3 India
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
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vjkumar
05-23 10:04 AM
hi,
If the Skil bill gets approved in the senate, when is it going to come to effect? Will the Cap increase for this year oct1 2006 to sept 31st 2007. And for the students who have already recieved their OPTs, will their OPT duration increase to 24 month? The bill for doubling of H1bs, is it the same as the SKil bill or a different one? when is that coming to effect?
thank you
If the Skil bill gets approved in the senate, when is it going to come to effect? Will the Cap increase for this year oct1 2006 to sept 31st 2007. And for the students who have already recieved their OPTs, will their OPT duration increase to 24 month? The bill for doubling of H1bs, is it the same as the SKil bill or a different one? when is that coming to effect?
thank you
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rpulipati
10-04 09:05 PM
My case is similar to yours: dates, TSC, received EAD before receipts, don't know who paid the checks, etc.
I inquired my attorney and they sent me the receipts. Ask them, they would have received it already.
Hello all,
My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!
May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?
My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.
Thanks!
I inquired my attorney and they sent me the receipts. Ask them, they would have received it already.
Hello all,
My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!
May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?
My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.
Thanks!
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Pineapple
10-26 11:55 AM
Thanks for clarifying. At first glance, the points you propose seem eminently reasonable and cannot be disputed. However, the real issue here is not what we "should" but what we "can".
Re contacting NumbersUSA and FAIRUS, do go ahead but I'm certain there is no chance of them holding hands with us and singing 'Kumbaya'. The discussions and postings on those sites look like they have been written up by "Ed Anger" of the World World News :D
And re toning down immigration bills to our advantage, you have to recognize that the primary issue is not that a bill will be passed which will not be optimal - the issue is whether any bill will be passed at all.
Hi Pineapple,
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
Re contacting NumbersUSA and FAIRUS, do go ahead but I'm certain there is no chance of them holding hands with us and singing 'Kumbaya'. The discussions and postings on those sites look like they have been written up by "Ed Anger" of the World World News :D
And re toning down immigration bills to our advantage, you have to recognize that the primary issue is not that a bill will be passed which will not be optimal - the issue is whether any bill will be passed at all.
Hi Pineapple,
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
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vallabhu
07-02 10:00 AM
My Attorney mailed 225 Packages via DHL shipped at June 30 12:00 EST on Saturday, I was 5 minutes late so mine went on 4:00 PM FEDEX.
I dont why FEDEX guys are delivering yet they said will eb delivered by 8:00 AM on Monday but their website shows "Estimated delivery Jul 2, 2007 by 10:30 AM" it is 10:30 already and there is no update yet(may be they don't have enough trucks to carry all the application to DOS).
I dont why FEDEX guys are delivering yet they said will eb delivered by 8:00 AM on Monday but their website shows "Estimated delivery Jul 2, 2007 by 10:30 AM" it is 10:30 already and there is no update yet(may be they don't have enough trucks to carry all the application to DOS).
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leoindiano
02-04 09:25 AM
I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
Thanks
I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.
Thanks
I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.
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nixstor
07-07 10:37 PM
That's the reason I said if we at least get 1000 members then we can ask core members and get their help. members should seriously think if they can make it before they saying yes.. I think even Friday option works as member can take long weekend and spend weekend in DC. We will also get to know all IV members.
What do you say?
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
What do you say?
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
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kshitijnt
05-01 08:03 PM
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
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TheOmbudsman
10-25 09:13 PM
One more dreamer.
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
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yadav
08-29 10:04 AM
My I-140 was approved by NSC in feb 2007, and my I485 was delivered on aug 10 to TSC.
1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
3. Is there any way i can find whihc center is having my application.
1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
3. Is there any way i can find whihc center is having my application.
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psk79
08-31 01:04 PM
Application Sent on June 30th. Recd in NSC on July 2nd. I had applied only 485 at that time. Sent the other forms later with the Fedex receipt no. Waiting for EAD/AP receipt now!!
I saw a few receipts/EAD's come out for NSC filers iwth TSC I140 and seems like this has stopped a bit. I haven't seen a lot of these receipts in the last couple of days... whats going on at TSC??????????????????????????????????????
I saw a few receipts/EAD's come out for NSC filers iwth TSC I140 and seems like this has stopped a bit. I haven't seen a lot of these receipts in the last couple of days... whats going on at TSC??????????????????????????????????????
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PavanV
02-01 12:28 PM
I thought of going back after getting citizenship, but that would be another 8-9 years at the least. I would miss the big ride in India. When I went there(Coimbatore, Tamil Nadu) 3 years ago, I did not like it that much. But I see a big change in the last 3 years. Infrastructure is improving. Few of my friends have already gone back and are pretty happy over there.
I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.
I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.
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GCStatus
09-16 06:00 PM
Guys
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
We are doing this to help everyone. Especially, those whose PD is still current as per September VB, if you act with in next 5-10 days, you have a chance. if you can individually file a law suit when your PD is current.Since my guess is, the lawsuit we are working on in this thread, will take some time to shape up. But this is a Biggie, we want to create a big impact. Meanwhile, folks who are out there waiting since 2001,2002.... you can follow the links that i pasted in my previous message. People have won lawsuit very similar to the one we are talking about. I can even paste some of the I-485 lawsuits filed because of unreasonable and unnecessary delays, when PD is current.
Here you go
http://boards.immigration.com/showpost.php?p=1876734&postcount=15992
http://boards.immigration.com/attachment.php?attachmentid=17596&d=1221222486
This is for the non-believers like Mr.Lord
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amsgc
07-04 11:23 PM
Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
reddog
07-09 01:14 PM
well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?
sam2006
07-20 11:00 AM
anzerraja looks like i cannot save the XLS sheet
an u please update it for me
thanks a lot
an u please update it for me
thanks a lot
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