walking_dude
11-25 05:46 PM
Done.
You are doing great...Please keep up the good work...
also, add item 6 to our wish list..
6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.
Good work, but small modification.
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
You are doing great...Please keep up the good work...
also, add item 6 to our wish list..
6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.
Good work, but small modification.
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
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Rb_newsletter
07-13 05:31 PM
I am in similar situation but in GC process. My ex-colleagues are afraid to write experience letter for me.
Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.
Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.
Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.
Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.
guesswho
06-11 03:09 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
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arihant
12-02 10:54 AM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
more...
sathyaraj
11-14 01:19 PM
The EAD process has changed. You do not need FP for EAD approval.
mihird
09-17 11:57 PM
I will tell your first hand, the path to becoming a doctor is TOUGH...
You will need a lot of brains to clear those USMLE exams
You will need a lot of money to appear for those USMLE exams/residency interviews
You will need a lot of patience since it takes a minimum of 2 years to be able to apply.
Here's what you do.
My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.
1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
Each one takes about 6 months of prep time and
shoot for a score in the upper 80s or preferably 90s - very
few people get such high scores..
2. Then one needs to get a B2 visa to appear for Step 3
Step 3 is only conducted in the US
(You WILL need the Step 3 cleared for H1 sponsorship)
Good luck getting that B2 - plenty of people are
denied this B2 in India - if you can't get this B2, that's
the end of the game.
3. Once you clear all the steps you need to apply through ERAS
for a nationwide match for residency.
4. Spend hoardes of money to travel to each hospital that
invites you to an interview.
5. Wait for the ERAS match results to be out.
If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..
To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...
You will need a lot of brains to clear those USMLE exams
You will need a lot of money to appear for those USMLE exams/residency interviews
You will need a lot of patience since it takes a minimum of 2 years to be able to apply.
Here's what you do.
My wife was here in the US on a H4 the past 2 years while she did all her prep work/exams etc., but assuming your brother is in India.
1. Give USMLE Step 1 & Step 2 exams - they are conducted in India
Each one takes about 6 months of prep time and
shoot for a score in the upper 80s or preferably 90s - very
few people get such high scores..
2. Then one needs to get a B2 visa to appear for Step 3
Step 3 is only conducted in the US
(You WILL need the Step 3 cleared for H1 sponsorship)
Good luck getting that B2 - plenty of people are
denied this B2 in India - if you can't get this B2, that's
the end of the game.
3. Once you clear all the steps you need to apply through ERAS
for a nationwide match for residency.
4. Spend hoardes of money to travel to each hospital that
invites you to an interview.
5. Wait for the ERAS match results to be out.
If you are lucky you would have matched somewhere. Your hospital files a H1 on your behalf and you wait for the approval. Once you get the approval, you become a resident doctor. 4 years in residency...and then you are a doctor..
To make this long story short, lots of effort, lots of money and lots of patience is what it all takes...
more...
cooldude
07-27 10:06 PM
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
Please reply. Thanks a lot.
I am not sure.
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dilbert_cal
07-05 08:35 PM
My f^$%@ desi employer did not provide me the letter. I was eligible to file I-485 in june itself. Now, If I want to change my employer and port my PD, how can I do that? I don't have I-140 approval copy and my company and his attorney will not provide it to me. I have the receipt#. Can anyone here has port PD using the I-140 receipt #. Please post your reply and save me from a blood suc^#@ monoster. I have lost my sleep .....completely...please help me.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
more...
phillyag
05-30 04:43 PM
2. I140 receipt
3. I485 receipt
Would photocopies do for the above 2 docs ?
3. I485 receipt
Would photocopies do for the above 2 docs ?
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pd_recapturing
08-05 10:31 PM
One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.
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nk2006
07-20 12:48 PM
From the website [url]2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
Current per country limit is 7% (9800 for all EB categories).
3. If you count 20 % then for India the figure per year is 28000.
Current per country limit is 7% (9800 for all EB categories).
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eagerr2i
12-04 12:57 PM
Unfortunately, incompetence and inefficiency can not be grounds of a lawsuit. :)
Lawsuits can only hold ground if you can prove that a particular action taken was wrong as per the rule on the books and it lead to monetory loss or physical pain.
Lawsuits can only hold ground if you can prove that a particular action taken was wrong as per the rule on the books and it lead to monetory loss or physical pain.
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pcs
01-20 10:09 AM
Since fresh grads are the ones getting most benefit from SKIL bill etc, we should spread the message in Universities. Is there a way to contact individual Universities ?????
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mambarg
08-05 06:13 PM
With 700K predicted applications pending From July ,
Was just wondering what will be long term effects.
Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
Now coming July which is 6 months prior to expiry of 1st EAD.
There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?
It is like any surge in electric voltage generally blows away the device.
I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
Was just wondering what will be long term effects.
Imagine they process a very conservation 200K apps for EAD/AP/485 in say 6 months and issue EAD for 1 year.
Now coming July which is 6 months prior to expiry of 1st EAD.
There will be 200K applications again in june/july/aug for EAD renewal/AP renewal ?
It is like any surge in electric voltage generally blows away the device.
I am expecting something this surge will blow away their fingerprint/fbi name check/INS staff , everyone.
I think now INS wants to put these into queues of FBI/DOS and put the blame squarely on them.
Over the period of next 1 year or so, everyone who is in EB3 will migrate to EB2 as he can switch job in EAD and then process another Labor/140 without getting affected ??
What if all the background adjudication of 485 is done in 1 year and then we change from EB3 to EB2, its not going to affect the current 485 ? It will just put the file in a better category ?
more...
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mpadapa
10-09 01:32 PM
IMHO.. Its better to resolve the out-of-status issues before U file for 485. Please consult a good attorney.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
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sj2273
06-11 02:30 PM
I missed the last rally and I regret it. There was a moment in time when we were all really energized. The flower campaign was brilliant. But now we seem to have lost that fire - me included! I dont even remember my dates anymore. I know we have a serious problem of getting people together for anything. But starting small in our own cities and connecting to a national IV would probably work. I am here in Sterling Heights, MI (Detroit Metro Area) and I am willing to host people in my area It will be great if others in other cities can do that too. I am dre. ming, but think about it if this works. We can march to washigton again such large numbers that everyone will notice. I really think its time to get together and do something. Bouncing ideas on IV boards is great but lets meet and get to know each other and see if can talk about this problem face to face across the country. Thats what grassroot effort it!. If nothing, we will find new friends in each other. I hope to find that fire in us again and I thank you for reading my post!
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GCwaitforever
12-14 05:08 PM
1. You can write to USCIS to extend your OPT period.
If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.
I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.
2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.
If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.
I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.
2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.
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stemcell
09-27 12:18 PM
Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
Any tips as to how you pick a stock would be welcome.
Mostly for day trading do you do any technical analysis or is it mostly intuition?
BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
Any tips as to how you pick a stock would be welcome.
Mostly for day trading do you do any technical analysis or is it mostly intuition?
BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.
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map_boiler
07-15 04:57 PM
Since you have an approved I-140 through your previous employer, the PD is yours to keep.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
gcnirvana
04-27 06:39 PM
In my opinion, looks like another placeholder bill just before CIR.
santb1975
02-14 08:01 PM
^^
For the same reason, please help yourself to the NORCAL thread;)
For the same reason, please help yourself to the NORCAL thread;)
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