Karthikthiru
08-09 08:58 AM
There is new posting about this bill on Matthew Oh site. It gives more detail about this proposed bill. It says "Specter's Discussion Draft for New CIR" and he has given more deatils of it
Karthik
Karthik
PlainSpeak
02-16 03:13 PM
Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
rta2009
11-25 07:38 PM
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
kopra
02-25 11:21 AM
Usually they dont create a big issue for H4 re-enty at Port of Entry. But time has changed, and the only thing you can do is to try.
She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..
She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..
more...
jonty_11
02-06 11:00 AM
I am talking to my lawyer about that. They are pondering over it. I will let u guys know what they come up with.
Porch
08-24 09:32 AM
I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.
more...
royjonny
06-19 01:16 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
samrat_bhargava_vihari
02-12 09:59 AM
Oh NO, if this happens then it will close the last door on many people.
yeap and may move EB2 dates??
yeap and may move EB2 dates??
more...
sreeanne
01-01 01:47 PM
Guys,
Happy New Year for everyone in this forum....
Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...
I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....
I will talk to lawyer soon on this and let u know but any insight is helpful from you all..
Thank you
Sree
Happy New Year for everyone in this forum....
Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...
I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....
I will talk to lawyer soon on this and let u know but any insight is helpful from you all..
Thank you
Sree
pappu
12-17 09:57 PM
I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.
more...
diptam
08-13 05:14 PM
7:30 AM folks started getting receipts now - We 11:30 AM guys have to wait at least 2-3 more weeks :D :D
By the way - guys whose things gone between 9 to 9:30 got receipts the first ( there are exceptions though) - After Coffee everyone was charged !! The early (7:30) guys are penalized for too much alertness and late (11:30) guys are taken care of for too much laziness.
I've never imagined that i'll see such interesting stuffs in GC process at US.
Same here...mine was signed by GERKENSMEYER AT 11.34am
By the way - guys whose things gone between 9 to 9:30 got receipts the first ( there are exceptions though) - After Coffee everyone was charged !! The early (7:30) guys are penalized for too much alertness and late (11:30) guys are taken care of for too much laziness.
I've never imagined that i'll see such interesting stuffs in GC process at US.
Same here...mine was signed by GERKENSMEYER AT 11.34am
blackberry
07-24 12:26 PM
I have already contributed which bucket do i fit in... :)
--BB
--BB
more...
ravik904
12-14 09:05 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
new2H1&GC
11-08 01:52 PM
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
more...
ksrk
03-04 04:42 PM
Congratulations moclutch! Sure sounds like one heck of a journey. And like you said, misery does love company - or at least eases a bit.
Congrats again - time to celebrate! :) And good luck moving forward...
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
Congrats again - time to celebrate! :) And good luck moving forward...
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
raysaikat
12-19 12:18 PM
I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant?
Under what VISA did your parents enter US in the first place? When I-485 was denied, was the VISA based on which they had entered still valid? If yes, how long was it valid afterwards? What was your own VISA when you entered (even if you were a child, you would have your own passport and a dependent VISA)?
Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant?
Under what VISA did your parents enter US in the first place? When I-485 was denied, was the VISA based on which they had entered still valid? If yes, how long was it valid afterwards? What was your own VISA when you entered (even if you were a child, you would have your own passport and a dependent VISA)?
Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
more...
mr_rajeevsaxena
08-16 07:43 PM
Hello,
Just Curious if anyone got receipt notice for any I485 application with the following:
USCIS Receipt date: July 2nd
Time: 11:34 am
Signed by: B. GERKENSMEYER
Carier: USPS Express Mail
Thanks
Just Curious if anyone got receipt notice for any I485 application with the following:
USCIS Receipt date: July 2nd
Time: 11:34 am
Signed by: B. GERKENSMEYER
Carier: USPS Express Mail
Thanks
Munna Bhai
08-28 07:52 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.
yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.
simple1
06-03 02:00 PM
fool's post. yes you are.
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
invincibleasian
03-02 02:05 PM
H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
ddeka
12-31 09:20 AM
Hi,
I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.
Thank you.
I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.
Thank you.
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