gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
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sr123
11-21 09:10 AM
Semt email.
SureShot
06-05 11:22 AM
You should all be very proud of yourselves.
These are the biggest pieces of S**T I have ever seen! Congrats!
These are the biggest pieces of S**T I have ever seen! Congrats!
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saravanaraj.sathya
08-22 03:34 PM
Yes. I will share the bus ride from Buffalo, NY.
saravanaraj -
Would you consider riding a bus?
http://immigrationvoice.org/forum/showthread.php?t=12567
Please vote!
saravanaraj -
Would you consider riding a bus?
http://immigrationvoice.org/forum/showthread.php?t=12567
Please vote!
more...
optimist578
01-31 03:10 PM
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
Is there a way to track the status of one's I-140 petition through USCIS's website?
Is there a way to track the status of one's I-140 petition through USCIS's website?
gcformeornot
01-09 04:03 PM
Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?
applies to general legal immigrant population.
applies to general legal immigrant population.
more...
gccube
03-19 07:11 PM
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
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Jen2010
12-06 04:55 PM
Dear BimmerFan,
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
more...
chanduv23
04-08 04:25 PM
Literally anyone is IV. IV is you and me. We are all collectively IV.
A lot of us have done media interviews in past. Some brought in media contacts, some gave media interviews .... so if you are interested, why don't YOU represent IV and contact media personnel.
This was supposed to be addressed to the OP.
A lot of us have done media interviews in past. Some brought in media contacts, some gave media interviews .... so if you are interested, why don't YOU represent IV and contact media personnel.
This was supposed to be addressed to the OP.
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chanduv23
12-11 10:57 AM
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
more...
Prashant
05-28 06:26 PM
Hello,
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
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clockwork
05-11 07:42 AM
Hello All,
I apologize, if it caused any issue due to posting this message on this thread ( I did not realize the severity of thread name). But, what the heck is poorslumdog response? This is stupidity. If you dont have answer, keep the f**k with you.
I apologize, if it caused any issue due to posting this message on this thread ( I did not realize the severity of thread name). But, what the heck is poorslumdog response? This is stupidity. If you dont have answer, keep the f**k with you.
more...
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noone2day78
02-10 07:00 PM
Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
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amitjoey
02-01 04:45 PM
Congrats!
more...
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fuzzy logic
07-01 02:06 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
sledge hammer - Thanks for your clarification. I hope my company will be willing to amend my H1B.
I appreciate everyone's suggestion on this issue. As for AC21 - my take is that it is a slam dunk if the new and old title fall in the same ONET code or is a related job under the same code. Other wise it gets tricky. This is my take on it, but there are varied interpretations out there.
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toprasad
06-11 07:43 AM
I have copies of all my I-20's and H1B's with me but I never kept copies of I 94 cards. Now if they start asking for all such documents its going to be very difficult. What happens if you are missing an old I20 can you ask school to go thro their records and issue a duplicate. To be honest from 2003 onwards everything is online via SEVIS so they should not even ask us for paper documents. Same with H1 with this new system they have started from this year.
I'm guessing they would need only the latest I-94 copy since we turn in every I-94 at the time of departure from the country. I could be wrong, someone can comment. I have never kept all the I-94's, hope it is not needed.
I'm guessing they would need only the latest I-94 copy since we turn in every I-94 at the time of departure from the country. I could be wrong, someone can comment. I have never kept all the I-94's, hope it is not needed.
more...
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needhelp!
08-31 01:45 AM
Registering a new country? I hope you are not kidding, needhelp!:)
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
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samsu
04-21 08:36 AM
Thanks for your reply guys. I just came back from international travel and I thought I should share here for the benefits of others.
My lawyer at new company suggested we apply for AC21 just to be safe and we did the same before I traveled and I kept copy of it with me. I was told that officer doesn't generally ask for employment but I was asked about it during first inspection. He asked me where I work now and who filed for my GC. When he found out that I work for different employer he said "I thought you can't change job while this is pending". I didn't respond as his question was casual and I knew I would be going through secondary inspection. I didn't want to go into AC21 discussion with him unless he insisted. He didn't say anything and sent me to secondary inspection.
No question asked at secondary inspection at all.
I hope it helps other. just be prepare in case.
Thanks again.
Sam
My lawyer at new company suggested we apply for AC21 just to be safe and we did the same before I traveled and I kept copy of it with me. I was told that officer doesn't generally ask for employment but I was asked about it during first inspection. He asked me where I work now and who filed for my GC. When he found out that I work for different employer he said "I thought you can't change job while this is pending". I didn't respond as his question was casual and I knew I would be going through secondary inspection. I didn't want to go into AC21 discussion with him unless he insisted. He didn't say anything and sent me to secondary inspection.
No question asked at secondary inspection at all.
I hope it helps other. just be prepare in case.
Thanks again.
Sam
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belmontboy
04-22 09:33 PM
In fiscal year 2006, there were 5 Indian firms in the top 10 users of H1B visa.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
Indian companies like wipro, infosys discourage GC processes.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
Indian companies like wipro, infosys discourage GC processes.
jonty_11
02-12 02:09 PM
citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.
kshitijnt
07-17 01:00 PM
I am confused with regards to AOS Vs. CP and which one to choose.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.