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quizzer
10-16 04:21 PM
Hi Guys,
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???
Take the opinion of many lawyers and experts before even thinking about doing this.
Thanks
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???
Take the opinion of many lawyers and experts before even thinking about doing this.
Thanks
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kittu1991
03-17 08:50 PM
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
:rolleyes:
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
:rolleyes:
rjgleason
June 10th, 2004, 09:22 PM
It's not the "IMHO" or anything... we certainly all are entitled to opinions - "Canon is better than Nikon" "Nikon is better than Canon" "Contax/Carl Zeiss is better than either" "What are you thinking, Minolta has fine glass too" etc. But it is just the "far superior" thing that got me going, because it simply isn't true, while the other statements certainly do have parts of truth to them. I guess some people do treat camera manufactureres with the same kind of "fanboy-ishness" that geeks do to Intel or AMD. ;)
If you are referring to me, as being one of "some people" treating camera manufacturers etc etc as geeks do with Intel or AMD, I reiterate that this was only my opinion as I have had BOTH mfgrs equipment and IN MY HUMBLE OPINION ........and only mine, and for my reasons, Canon is far superior. (as I indicated about the lenses.......Far more...........meaning more in quantity...........and....Superior.........seems this has been proven, at least from my readings. I did not say far superior lenses.
I'm not going to get into some sort of contest and I am not looking for an argument, nor will I return with derogatory retorts.
Hell, I ought to just delete the thread............I don't enjoy misinterpreations or surmising and that's what seems to be here.
If you are referring to me, as being one of "some people" treating camera manufacturers etc etc as geeks do with Intel or AMD, I reiterate that this was only my opinion as I have had BOTH mfgrs equipment and IN MY HUMBLE OPINION ........and only mine, and for my reasons, Canon is far superior. (as I indicated about the lenses.......Far more...........meaning more in quantity...........and....Superior.........seems this has been proven, at least from my readings. I did not say far superior lenses.
I'm not going to get into some sort of contest and I am not looking for an argument, nor will I return with derogatory retorts.
Hell, I ought to just delete the thread............I don't enjoy misinterpreations or surmising and that's what seems to be here.
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kumarc123
01-26 01:50 PM
Interesting...looks like this bill is moving faster than we'd think...it would be interesting to see where it ends up. Also, it appears that this bill does not talk about giving the DV visas to existing EB-X categories but instead to create a new EB category for STEM graduates...not sure, but that's what it sounds like.
"In simple English, the bill would eliminate the annual green card lottery and give the 55,000 green cards each year to foreign-born graduates of U.S. universities with advanced degrees in the sciences or in medicine.
With the employment-based second preference category (EB-2) backlogged for many years for persons born in India and mainland China, our country would benefit greatly if 55,000 more green cards were available annually for highly-educated people."
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However the bill would also benefit EB3, as the numbers will roll down from EB2. Not a bad deal, as it would reduce everyone's stress.
"In simple English, the bill would eliminate the annual green card lottery and give the 55,000 green cards each year to foreign-born graduates of U.S. universities with advanced degrees in the sciences or in medicine.
With the employment-based second preference category (EB-2) backlogged for many years for persons born in India and mainland China, our country would benefit greatly if 55,000 more green cards were available annually for highly-educated people."
--------------------------------------------------------------------
However the bill would also benefit EB3, as the numbers will roll down from EB2. Not a bad deal, as it would reduce everyone's stress.
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narendra_modi
04-21 01:29 PM
I am saying why not GC for MDs & Dentist along with PhDs...They are not less qualified than PhDs. please lets discuss and help those doctors suffering many years due to all this J1/H1 b**l s**t ...
This will be a common thread for all doctoral candidates interested in amending the current language in the PACE bill to 1/ include current PhD graduates; and 2/ life science graduates. Please post your suggestions and opinions here.
You can check out this thread for more details of PACE and the amendments we are suggesting:
http://immigrationvoice.org/forum/showthread.php?t=151
Pls use the material from the letter attached there in your letters to senators and congressmen.
Please take part actively in this and help make sure these amendments are incorporated into the final version of PACE.
This will be a common thread for all doctoral candidates interested in amending the current language in the PACE bill to 1/ include current PhD graduates; and 2/ life science graduates. Please post your suggestions and opinions here.
You can check out this thread for more details of PACE and the amendments we are suggesting:
http://immigrationvoice.org/forum/showthread.php?t=151
Pls use the material from the letter attached there in your letters to senators and congressmen.
Please take part actively in this and help make sure these amendments are incorporated into the final version of PACE.
snathan
01-26 04:17 PM
If your kids have SSN then you will probably get around 1200, from my guess. I am sure you will not get for your spouse, for lack of SSN.
Every one needs to have SSN to get the stimulas. Otherwise its going to Gandhi's Account.
Every one needs to have SSN to get the stimulas. Otherwise its going to Gandhi's Account.
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gcnirvana
12-06 01:48 AM
Okay...looks like you are in the same boat as me. Can you please check with your attorney and let me know what he/she has to say??
Thanks!
The visa in my passport expired 4/2006.
Currently I am on my 7th year (which I do not have stamp for since I did not leave the country in a while) which ends 4/2007.
I just applied for my 3 year extension (8th, 9th 10th) which I hope to get approved in Feb before I leave.
Thanks!
The visa in my passport expired 4/2006.
Currently I am on my 7th year (which I do not have stamp for since I did not leave the country in a while) which ends 4/2007.
I just applied for my 3 year extension (8th, 9th 10th) which I hope to get approved in Feb before I leave.
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eeezzz
12-20 04:29 PM
28.6% Each for EB-1, 2, 3
Divide this 28.6% into 4 quarters/12 months so each quater/month has some quota.
If divide into 4, each category has 7.15% quota in each quarter.
There's limitation for each country.
Each quarter, when a country hits the limitation, cut-off date shows up to make sure no more applicant processed for that country.
Back to the old time, unused quota after 4th quarter are going to trash can, despite there's cut-off date for certain country or certain category.
In 4th quarter of 2007, according to USCIS, To not waste the quota, they set every category current. In this case, they process your application randomly or according to the receive date to USCIS regardless your EB category or country.
So very likely unused EB-1 quota go to EB-2 ROW, not China/India/... if the country limit is hit. If the country limit is not hit, EB-1 quota is for EB-1 until EB-1 for every country is current. There's no EB-1 ROW quota or EB-1 India quota.
Hopefully, at the 4th quarter, they will push a big forward again(but please don't do current in every category again, that is a mess) to ensure the quota for the year is fully used and not going to trashcan. And that opportunity is even to everyone if they pick up the case with in the cut off date randomly regardless receiving date and country. Or they process it according to receiving date, FIFO, country not matters.
If they think it was a mess for 2007 and not going to do it again. they might go back to old way and those unused quota are just gone to trashcan. This is the part we should work on and try to avoid.
Divide this 28.6% into 4 quarters/12 months so each quater/month has some quota.
If divide into 4, each category has 7.15% quota in each quarter.
There's limitation for each country.
Each quarter, when a country hits the limitation, cut-off date shows up to make sure no more applicant processed for that country.
Back to the old time, unused quota after 4th quarter are going to trash can, despite there's cut-off date for certain country or certain category.
In 4th quarter of 2007, according to USCIS, To not waste the quota, they set every category current. In this case, they process your application randomly or according to the receive date to USCIS regardless your EB category or country.
So very likely unused EB-1 quota go to EB-2 ROW, not China/India/... if the country limit is hit. If the country limit is not hit, EB-1 quota is for EB-1 until EB-1 for every country is current. There's no EB-1 ROW quota or EB-1 India quota.
Hopefully, at the 4th quarter, they will push a big forward again(but please don't do current in every category again, that is a mess) to ensure the quota for the year is fully used and not going to trashcan. And that opportunity is even to everyone if they pick up the case with in the cut off date randomly regardless receiving date and country. Or they process it according to receiving date, FIFO, country not matters.
If they think it was a mess for 2007 and not going to do it again. they might go back to old way and those unused quota are just gone to trashcan. This is the part we should work on and try to avoid.
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Dandruff
05-30 06:18 PM
pwned ... hehehe :D
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willigetgc?
02-25 01:19 PM
Maybe one more thing to say...
Ask the skeptics to contact StarSun. Let IV handle the convincing, if you and I can bring the people..........
Ask the skeptics to contact StarSun. Let IV handle the convincing, if you and I can bring the people..........
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talash
05-09 06:32 PM
Making it more strange .My I-485 got denied om april 18th and my wifes 485 denied april 19th and online LUD says denail mailed on april 21 for both and then on april 22 i see I140 denial amd mailed but we didnt get any on denail notices yet .
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rb_248
12-11 01:33 PM
It seems like USCIS is taking steps to up the revenue. I wonder if the next step would be to allow for 485 premium processing.
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purgan
07-25 07:06 PM
Because of illegals granted amnesty any legal immigrant filing after Apil 30, 2001 faced longer waits and backlogs because they consumed the existing quota of immigrant visas. In essencem legals were penalized for obeying the law and standing in line.
Let's do a poll to see how many EB3IND folks will be willing to be a party to a class action lawsuit to provide relief. Obviosuly if the lawsuit prevails the plaintiff's pending GC applications will be approved. GCOP, mirage or anyone else- want to put up a poll (i don't know how to do it)
This might be a better option for many who cannot do a Writ of Mandamus lawsuit
Let's do a poll to see how many EB3IND folks will be willing to be a party to a class action lawsuit to provide relief. Obviosuly if the lawsuit prevails the plaintiff's pending GC applications will be approved. GCOP, mirage or anyone else- want to put up a poll (i don't know how to do it)
This might be a better option for many who cannot do a Writ of Mandamus lawsuit
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alp_waj
11-08 02:05 PM
Murthy's lawyer suggested Consular processing as an option.
She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.
This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.
IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.
This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.
IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
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sanju_dba
06-25 02:08 PM
Your 797 approval notice will have updated I94 which will supercede your previous I94. The new attached referes to your 797 number starting with "RAC" or "WAC" like that.
You need to submit this one too along with any old ones you have when you leave the country.
You need to submit this one too along with any old ones you have when you leave the country.
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waitnwatch
05-06 07:11 PM
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided liks to USCIS to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
Did you threaten them with a lawsuit. You would be surprised at what a threat like that can do.
Did you threaten them with a lawsuit. You would be surprised at what a threat like that can do.
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kumar1
11-10 04:19 PM
I am in the same situation. They say once you start using AP, H4 becomes invalid....my wife IS working on EAD, she was in India for a while and came back on H4, again resumed job on EAD...then we renewed her EAD and put her current status as H4.........no issues whatsoever.
Use EAD, travel on H4......live life. I do not see any issue.
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
Use EAD, travel on H4......live life. I do not see any issue.
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
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dixie
02-07 04:29 PM
They won't be any better off here.Instead of being kicked out fair and square, they will be made to decay on H1 visas for 15-20 years. Talk of choosing a rock over a hard place. Besides, the British MPs seem to at least understand what skilled immigration means - here they will have the pleasure of being grouped with meat-packers and grape-pickers who matter-of-factly walked across the border.
I think its also a lesson for those tired of the US immigration system and considering moving to other countries - lets face it, immigrants are not exactly welcome anywhere. Either stick it out, or return to home country.
Yes, I heard about them, and I know that a lot of people are moving/going to move to the US and will be flooding the h1b visa quota sooon.
I think its also a lesson for those tired of the US immigration system and considering moving to other countries - lets face it, immigrants are not exactly welcome anywhere. Either stick it out, or return to home country.
Yes, I heard about them, and I know that a lot of people are moving/going to move to the US and will be flooding the h1b visa quota sooon.
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pappu
02-05 02:44 PM
Call the office and tell them you did not get the answer to the questions and issues you raised and want to speak with the person who handles immigration policy matters. Follow up with this person. Letters go to junior staff and issues get lost unless you contact the senior staffers and seek appointment from them.
HariRamNai
07-15 01:18 PM
Fox news and CNN are right wing media organisations who exagerate and create fear among decent American citizens. I for sure will do all my best from now on to expose this vicious campaign and even complain to organisations in the US about Lou Dobbs/Tom and their hate propaganda. CNN (Ted Turner) and Fox (Rupert Murdoch) also operate in other nations like India and we must let the Indian government (revoke their licences) and media organisations know about this.
radhay
04-18 02:35 PM
I have gone through interview and it is nothing to worry about. They are just distributing the workload. IO will check your documents etc..and then will issue GC if visa is available or throw it into storage like mine.
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