pointlesswait
03-16 01:31 PM
i ave been advocating that each section must be moderated... and ppl with incomplete info must not have access to
a.) secure sectiono of the forum.
b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..
i see too many bots and worms on this posts...
act now..else RIP for ever..;)
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
a.) secure sectiono of the forum.
b.) volunteer moderators must have limited access..like deleting/disabling profiles or posts..
i see too many bots and worms on this posts...
act now..else RIP for ever..;)
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
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cdeneo
11-19 06:37 PM
Thanks so much for sharing this information - it is frustrating that one's career advancement can impact negatively one's GC application, especially if one has been waiting for 5+ years. I guess one can only carry on with one's career and hope for the best :).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
jung.lee
03-03 02:07 PM
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
I think "same or similar" job is common sense thing to keep in mind. You don't want to specialize in software architecture then switch to building construction architecture ;) Also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what I mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an AC-21 letter which must come from your new employer. You also do not need to file an AC-21 right away. Taken another way, in other words, you can choose to have the AC-21 conversation with the new company after you have been with them for a few weeks and have a degree of comfort with them.
So you can apply to any jobs that say employers cannot sponsor visa or GC because you are not technically seeking their direct support for your pending I-485 adjustment. If they ask for proof of employability, present your EAD (formally called Form I-766) and you should be good to go. EAD Form I-766 is listed as a LIST A document on Form I-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/I-9.pdf
List A means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old H1-B, etc.
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aau
08-27 04:41 PM
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
more...
sparky_jones
12-13 10:07 AM
This is such an obvious hoax. Besides, you have to apply for the diversity visa lottery in order to win it! Also, individuals born in India do not qualify.
This scam artist is betting on his victims to be real gullible suckers.
This scam artist is betting on his victims to be real gullible suckers.
felix31
01-26 12:18 AM
well that settles my situation...
since my current H4 will expire before April 1st, there's not much I can do.
Extension is already filed but will pray to get it before April 1st.
since my current H4 will expire before April 1st, there's not much I can do.
Extension is already filed but will pray to get it before April 1st.
more...
rbalaji5
07-17 01:14 AM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Where are you located?. East bay?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
Where are you located?. East bay?
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EkAurAaya
11-30 09:13 PM
Thank you guys for the good wishes :)
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
more...
logiclife
03-08 11:42 AM
Everyone please try to put english posts only.
If you have to put something in Hindi etc, please put an english version translated with it. Its insulting to share joke with only people who know a certain language.
Imagine this: If you are in a restaurant with a fellow Indian and an American co-worker, would you talk in Hindi, crack a joke in Hindi and then giggle? Wouldnt the other guy think that you are laughing at him?
Same thing. Please put translated english versions with whatever poems, phrases, proverbs...etc. you have.
If you have to put something in Hindi etc, please put an english version translated with it. Its insulting to share joke with only people who know a certain language.
Imagine this: If you are in a restaurant with a fellow Indian and an American co-worker, would you talk in Hindi, crack a joke in Hindi and then giggle? Wouldnt the other guy think that you are laughing at him?
Same thing. Please put translated english versions with whatever poems, phrases, proverbs...etc. you have.
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herns
03-20 04:12 PM
Im EB3. so should I say my PD is the filing date?
more...
andy garcia
08-31 02:18 PM
Here is the report of Mr. Bo Cooper:
http://judiciary.senate.gov/testimony.cfm?id=1801&wit_id=5707
and Ms. Phyliis Norman:
http://judiciary.senate.gov/testimony.cfm?id=1801&wit_id=5708
They are very knowledgeable about what is going on
http://judiciary.senate.gov/testimony.cfm?id=1801&wit_id=5707
and Ms. Phyliis Norman:
http://judiciary.senate.gov/testimony.cfm?id=1801&wit_id=5708
They are very knowledgeable about what is going on
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insbaby
08-07 06:41 PM
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
You don't have to be sorry. If there is an option to review a thread created newly by administrator before it goes to public, management should consider. Nothing will be lost if a thread takes 24 hours to go live.
You don't have to be sorry. If there is an option to review a thread created newly by administrator before it goes to public, management should consider. Nothing will be lost if a thread takes 24 hours to go live.
more...
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gimme_GC2006
07-19 02:23 PM
My employer has always provided me the receipt numbers. I'm talking about the physical receipt notice which I might need just in case i need to invoke AC21.
I am sure you(we) can use Freedom of information act to get reciepts. If you know that reciepts were issued and your employer is hiding
I am sure you(we) can use Freedom of information act to get reciepts. If you know that reciepts were issued and your employer is hiding
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eyeinfinitude
12-30 10:00 AM
I don't know if it's my comp, but I can't view Lost's piece, the link is dead so I'll wait till I can take a look before voting. I did get to see Soul's piece and it's amazing, very conceptual. =)
more...
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breddy2000
01-29 01:46 PM
Raj,
Sorry to hear about your lengthy RFE. I received a similar RFE but just asked contract documents between my company and client. I have 2 layers in between. My company, Prime Vendor and Client.
I've submitted POs showing the contract and a letter from Prime Vendor stating that I work on a project for Client.
Just responded to the RFE and keeping my fingers crossed.
Hope this helps...
Wanted to share with you guys that my H1 Extension is approved after responding to the RFE.
Hopefully it helps others who are in a similar situation.
Good luck guys...
Sorry to hear about your lengthy RFE. I received a similar RFE but just asked contract documents between my company and client. I have 2 layers in between. My company, Prime Vendor and Client.
I've submitted POs showing the contract and a letter from Prime Vendor stating that I work on a project for Client.
Just responded to the RFE and keeping my fingers crossed.
Hope this helps...
Wanted to share with you guys that my H1 Extension is approved after responding to the RFE.
Hopefully it helps others who are in a similar situation.
Good luck guys...
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EB3_SEP04
11-21 07:35 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
more...
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Lasantha
11-07 02:09 PM
Dude !!
FYI,
France <> Europe
Thanks for sharing your deep rooted pessimism, though
Keep up with your mission.. it helps :D
Cheers
I think he was only trying to help. No need to be mean.
FYI,
France <> Europe
Thanks for sharing your deep rooted pessimism, though
Keep up with your mission.. it helps :D
Cheers
I think he was only trying to help. No need to be mean.
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GCBy3000
01-04 09:56 AM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
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roseball
08-19 09:06 AM
Thank you all for your suggestions and they are helpful.
I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.
Thank you again.
If your current/future job is eligible for EB-2, you have the qualifications to meet the job requirement and your employer is willing to start EB-2 process, I would get the process started as soon as possible. With your current EB-3 PD, I dont see anything changing in the next 1 to 2 months. You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.
I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.
Thank you again.
If your current/future job is eligible for EB-2, you have the qualifications to meet the job requirement and your employer is willing to start EB-2 process, I would get the process started as soon as possible. With your current EB-3 PD, I dont see anything changing in the next 1 to 2 months. You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.
Suva
04-18 11:56 AM
How can it be RIR? your PD is March 2007 and there was no RIR application available. At that time it could be applied only in perm.
called uscis they say its for faster processing and should get letter in mail.
did anybody else get a mail like this.
called uscis they say its for faster processing and should get letter in mail.
did anybody else get a mail like this.
hopefulgc
09-11 12:16 PM
creative eh!:D:D:D:D
http://l.pr/a43tu/just_tattoo_the_PR_card_to_your_body
http://l.pr/a43tu/just_tattoo_the_PR_card_to_your_body
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