saileshdude
05-21 11:13 PM
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
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rolrblade
03-18 08:14 AM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
abracadabra102
07-29 05:58 PM
By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.
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justAnotherFile
07-11 10:16 PM
what makes sense?
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
more...
Anders �stberg
March 15th, 2004, 04:30 AM
I'm a geek and like tech toys a lot, but when it comes to phones I just want it to be a good phone. I don't want it to include a poor PDA, or a lousy camera. I can see how it could be handy for some people and a fun toy for others, but personally I prefer to carry separate and fully functional phone, Palm Pilot and camera. It's great if they communicate though. I did get a new phone recently because I like the Bluetooth concept, for a wireless headset and for dial-up from my Palm or laptop. Other than that I don't like any of the new features yet. On top of being fiddly to use and low quality the prices here for using any picture or video based services are silly. It also often requires you to sign up for at least a year with a phone that's locked to a specific operator, even after the contract expires, a business model I really don't like.
ash27
06-06 10:36 PM
I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..
more...
ajcates
03-08 12:06 AM
I use notepad, so I think we should have a notepad forum.
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eyeopeners05@yahoo.com
06-02 12:55 PM
July 07 485 filer with pd of July 2003 in EB3.
EAD and AP available and can be used for AC21.
Current H1 valid till 2010 July
Got married after filing 485 and so wife does not have EAD etc and is on H4.
Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?
Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?
EAD and AP available and can be used for AC21.
Current H1 valid till 2010 July
Got married after filing 485 and so wife does not have EAD etc and is on H4.
Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?
Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?
more...
ramus
04-27 04:51 PM
Fond this..
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
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kaizersoze
03-21 01:48 PM
Folks,
I just put together this info and also posted on another thread. PLease, please go through this and start setting up appointment with your lawmakers.
We have already set up/met with Reichert, Murray and McDermott. Pls help in setting up appointments with the others. You may have to leave a couple of voicemails before they get back to you: refer 1st para of the letter below.(total 30 secs/per voicemail ). Remember, they are very open to listeneing to you...you are teh future vote bank :)
The congressman to whose district you do not belong will not entertain any requests. You guys have to contact your local congressmen
List of the senators and the congressmen
http://www.visi.com/juan/congress/cg...e=ctc&state=nj
To find your local representative
http://www.house.gov/writerep/
This is the letter we used. Some lawmakers contacted over the phone specifically asked to be faxed the letter and asked ho many people would visit.
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.
Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
The list of resources you need are available here: http://immigrationvoice.org/index.ph...53&Itemi d=36
We took binders of information. A quick 5 min stop at OffiecDepot will do the trick and makes a good impact on the lawmakers.
C'mon people, now is the time to make a difference. lets make this happen !!
I just put together this info and also posted on another thread. PLease, please go through this and start setting up appointment with your lawmakers.
We have already set up/met with Reichert, Murray and McDermott. Pls help in setting up appointments with the others. You may have to leave a couple of voicemails before they get back to you: refer 1st para of the letter below.(total 30 secs/per voicemail ). Remember, they are very open to listeneing to you...you are teh future vote bank :)
The congressman to whose district you do not belong will not entertain any requests. You guys have to contact your local congressmen
List of the senators and the congressmen
http://www.visi.com/juan/congress/cg...e=ctc&state=nj
To find your local representative
http://www.house.gov/writerep/
This is the letter we used. Some lawmakers contacted over the phone specifically asked to be faxed the letter and asked ho many people would visit.
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a meeting to discuss the problems that the legal high skilled immigrant community is facing.
Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are suffering due to these delays and wish to bring this important issue in front of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
The list of resources you need are available here: http://immigrationvoice.org/index.ph...53&Itemi d=36
We took binders of information. A quick 5 min stop at OffiecDepot will do the trick and makes a good impact on the lawmakers.
C'mon people, now is the time to make a difference. lets make this happen !!
more...
abcdefgh
01-18 10:26 AM
Do the Primary Applicant and the Spouse both need to take this Test??
No
only the primary applicant needs to take the test
No
only the primary applicant needs to take the test
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desi3933
02-18 06:39 PM
If you could post some official documentation that would help rajesh1972
If the child is under 2 years old, and is accompanied by LPR parent upon their first return to the U.S. of the parent who is applying to re-enter as LPR and the parent is admissible, then the child should be issued an I-181 upon his/her first entry as a lawful permanent resident.
I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)
I will get official links for that. It is recommended that LPR parent has travel document that allows LPR to be outside US for upto 2 years and preserve green card status.
**** Not a legal advise ***
If the child is under 2 years old, and is accompanied by LPR parent upon their first return to the U.S. of the parent who is applying to re-enter as LPR and the parent is admissible, then the child should be issued an I-181 upon his/her first entry as a lawful permanent resident.
I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)
I will get official links for that. It is recommended that LPR parent has travel document that allows LPR to be outside US for upto 2 years and preserve green card status.
**** Not a legal advise ***
more...
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nirdlalegcade
02-26 12:34 AM
Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!
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vaayu
06-21 08:56 AM
we never had any issues when e-filing EAD or AP for me and my wife. I think its pretty straight forward and less hassle.
Good luck
Good luck
more...
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gc_chahiye
07-20 03:54 PM
If I have applied for 485 can I still do that ?
I think you are only supposed to get 1 year extensions if your LC/I-140 was filed atleast 365 days ago, but I have seen atleast two people get 3 year extensions even though they had filed I-485, just because their PD was not current.
Its USCIS discretion or interpretation of their rules. Ask your attorneys to request 3 years when they file.
I am going the other way (just got a 3 year extension approved 2 days before that announcement that dates are current again) and will be filing 485 now.
I think you are only supposed to get 1 year extensions if your LC/I-140 was filed atleast 365 days ago, but I have seen atleast two people get 3 year extensions even though they had filed I-485, just because their PD was not current.
Its USCIS discretion or interpretation of their rules. Ask your attorneys to request 3 years when they file.
I am going the other way (just got a 3 year extension approved 2 days before that announcement that dates are current again) and will be filing 485 now.
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seetheavatar
10-15 03:33 PM
Don't worry guys.If you have received a mail saying that your GC is posted and if it is more than 30 days you can contact the customer service and create a service request.
You will get your card within 30 days.
If it was sent to a different address it would be returned to USCIS and you will be getting a mail saying that your GC was returned.
For this case also you have to create a service request and you will get your card within 30 days.
You will get your card within 30 days.
If it was sent to a different address it would be returned to USCIS and you will be getting a mail saying that your GC was returned.
For this case also you have to create a service request and you will get your card within 30 days.
more...
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gc_on_demand
05-05 09:54 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
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satishku_2000
02-21 11:02 AM
Hey
I thought I am the only poor soul looking for whole month to see the processing dates, Finally they have published today.
I have seen that I-140 EB3 moved siginificantly But still away from the my receipt date.
Hopefully you have a good news :)
I thought I am the only poor soul looking for whole month to see the processing dates, Finally they have published today.
I have seen that I-140 EB3 moved siginificantly But still away from the my receipt date.
Hopefully you have a good news :)
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somegchuh
12-08 03:32 PM
Seriously, is this a prank? If you have a 200k job why would you want to think of IT? IT jobs start paying in that range once you become a director of some kind. Are you ready to take a hit of 80 K because you hate your job?
You need to tell us a little more of your background i.e. education, industry, years of experience, what is the frustrating? May be you are just tired of having a job in the first place?
Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.
My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
2- If I have to go back to school what major will I need to take? Any specific requirements?
3-I have a bachelors but not in engineering- can I go straight for a MS in a computer related field or will I have to do a bachelors in Computers first.
4-How's the current job market and and also if you have any idea/view about future job scenario?
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
6-Also if somebody can give an idea about salaries in computer related fields?
Have a good day guys and thank you in advance for your views.
You need to tell us a little more of your background i.e. education, industry, years of experience, what is the frustrating? May be you are just tired of having a job in the first place?
Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.
My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
2- If I have to go back to school what major will I need to take? Any specific requirements?
3-I have a bachelors but not in engineering- can I go straight for a MS in a computer related field or will I have to do a bachelors in Computers first.
4-How's the current job market and and also if you have any idea/view about future job scenario?
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
6-Also if somebody can give an idea about salaries in computer related fields?
Have a good day guys and thank you in advance for your views.
bmoni
12-23 04:28 PM
Guys, If you have done it or any of your friends have done this please share your/their experience. I am not sure its possible to port I-140 PD when you change employers as it states clearly in the document. I-140 PD invalid if you misrepresent or fraud "This includes change of employer" .
Thanks
Thanks
ameryki
02-26 11:19 PM
I have the file numbers etc since I got finger print notice last year so am set up online to track the applications. But just haven't see the receipt notices come through. Should I be concerned?
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