morchu
04-29 09:45 AM
Your question 1 & 2 is the same.And you already know the answer.
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
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voldemar
06-27 11:53 AM
EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
pcs
01-02 07:44 PM
I have completed 6 years on H1-B & my labor certification has been filed 4 times in the past & each time I got stuck in the backlog or lost the job.
I finally have approved I-140 but I can not file 485 since Oct 2005.
Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.
My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.
My questions are...
1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??
2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?
3. Will two 485 filing create any complications in either application
Regards & thanks for your help
I finally have approved I-140 but I can not file 485 since Oct 2005.
Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.
My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.
My questions are...
1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??
2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?
3. Will two 485 filing create any complications in either application
Regards & thanks for your help
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alterego
03-16 12:59 AM
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Well put together summary!
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Well put together summary!
more...
samy
11-06 02:29 PM
Glad to see your initiatives. But our focus should be different.
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
milind70
07-24 02:39 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
I think you are okay ,please apply for a new passport as soon as possible.
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
I think you are okay ,please apply for a new passport as soon as possible.
more...
RNGC
02-15 03:33 PM
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03-17 09:23 AM
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va_labor2002
09-24 05:48 PM
About Rajiv Chandrasekaran
Rajiv Chandrasekaran, author of Imperial Life in the Emerald City, is an assistant managing editor of The Washington Post. He heads the Continuous News department, which reports and edits breaking news stories for washingtonpost.com, and he helps to shape the newspaper's overall multimedia strategy.
From April 2003 to October 2004, he was The Post's bureau chief in Baghdad, covering the American occupation of Iraq and supervising a team of correspondents. He lived in Baghdad for much of the six months before the war, reporting on the United Nations weapons-inspections process and the build-up to the conflict.
Before the U.S.-led war in Iraq, he was The Post's Cairo bureau chief. Prior to that assignment, he was The Post's Southeast Asia correspondent, based in Jakarta, Indonesia. In the months following Sept. 11, 2001, Rajiv was part of a team of Post reporters who covered the war in Afghanistan.
He joined The Post in 1994 as a reporter on the Metropolitan staff. A native of the San Francisco Bay Area, he holds a degree in political science from Stanford University, where he was editor in chief of The Stanford Daily. He lives in Washington, D.C.
Contact Rajiv Chandrasekaran
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
Rajiv Chandrasekaran, author of Imperial Life in the Emerald City, is an assistant managing editor of The Washington Post. He heads the Continuous News department, which reports and edits breaking news stories for washingtonpost.com, and he helps to shape the newspaper's overall multimedia strategy.
From April 2003 to October 2004, he was The Post's bureau chief in Baghdad, covering the American occupation of Iraq and supervising a team of correspondents. He lived in Baghdad for much of the six months before the war, reporting on the United Nations weapons-inspections process and the build-up to the conflict.
Before the U.S.-led war in Iraq, he was The Post's Cairo bureau chief. Prior to that assignment, he was The Post's Southeast Asia correspondent, based in Jakarta, Indonesia. In the months following Sept. 11, 2001, Rajiv was part of a team of Post reporters who covered the war in Afghanistan.
He joined The Post in 1994 as a reporter on the Metropolitan staff. A native of the San Francisco Bay Area, he holds a degree in political science from Stanford University, where he was editor in chief of The Stanford Daily. He lives in Washington, D.C.
Contact Rajiv Chandrasekaran
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
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sanju
11-10 09:13 PM
Its only Mahabharat - people started forgetting Ramayan & Mahabharat.
Big deal!
If Bush can be the Hanuman, McCain can be Narad Muni and Palin the Surpanakha, then whats the difference between Ramayan & Mahabharat.
.
Big deal!
If Bush can be the Hanuman, McCain can be Narad Muni and Palin the Surpanakha, then whats the difference between Ramayan & Mahabharat.
.
more...
coolstonesa
03-10 05:24 PM
H1B is a work permit and as a dentist she can't work without a license. So H1B can't be filed without a license as she fails to meet minimum requirements to work.
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milind70
06-21 01:30 PM
thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
You should apply I 539 before the expiry of the I 94.Application before expiry is valid.
USCIS may take 4 to 6 weeks to isues you grant extension.
If you are going that route please apply it right away.
Or else take a trip down to canada.
People on this forum have done it .
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
You should apply I 539 before the expiry of the I 94.Application before expiry is valid.
USCIS may take 4 to 6 weeks to isues you grant extension.
If you are going that route please apply it right away.
Or else take a trip down to canada.
People on this forum have done it .
more...
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simple1
09-25 04:42 PM
may not be eligible for 245(k)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.
not sure if follow 2 join is applicable here.
http://georgetown.usembassy.gov/root/pdfs/consular-pdfs/follow-to-join-master-march-2008.pdf
check with attorney immediatly.
She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
Google it.
Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Persons with a petition or LC filed after January 14, 1998, up to April 30, 2001 must also document that they were "physically present" in the U.S. as of December 21, 2000.
not sure if follow 2 join is applicable here.
http://georgetown.usembassy.gov/root/pdfs/consular-pdfs/follow-to-join-master-march-2008.pdf
check with attorney immediatly.
She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
Google it.
Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.
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sripk
05-17 02:24 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
more...
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pcs
07-02 03:16 PM
I will sign up but HOW TO ????
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s416504
12-09 01:46 PM
EB?/ALL/China/India/MEXICO/PHILIPPINES
1st C C C C C
2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05
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2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05
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ghost
06-20 03:20 PM
AC 21 will come into effect 6 months after you apply for your Adjustment of Status (485). You can apply for your 485 only when the visa numbers are available for your PD (EB2 currently for India is Jan 2003)
GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
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lazycis
01-15 10:48 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
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ramus
06-11 12:08 PM
Man,
Get some education.. We call ourself highly educated...
If you have urgent question then you can just PM core team.. Oh well but you won't know how to PM either.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
Get some education.. We call ourself highly educated...
If you have urgent question then you can just PM core team.. Oh well but you won't know how to PM either.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
pd_recapturing
06-20 06:14 PM
I have a 9 digit number (xxx xxx xxx) with prefix 'A' on my approved I-140 notice (Nov 2006) just above my beneficiary name.
I was confused about this number, so I called USCIS today and found that the number on my I-140 petition is the Alien number.
USCIS representative clearly stated that 'A' number, File number and Alien registration number are one and the same; also this number can be 7 to 9 digits with prefix 'A'.
So if you have �A� number on the I-140 approved notice please provide the same appropriately. However, not all I-140 petitions will have 'A' number.
One other thing, Please do NOT say 'N/A' instead say 'NONE' if 'A' number is unknown at this present time.
Thanks
Raj
Thanks for clearing this up.
Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?
I was confused about this number, so I called USCIS today and found that the number on my I-140 petition is the Alien number.
USCIS representative clearly stated that 'A' number, File number and Alien registration number are one and the same; also this number can be 7 to 9 digits with prefix 'A'.
So if you have �A� number on the I-140 approved notice please provide the same appropriately. However, not all I-140 petitions will have 'A' number.
One other thing, Please do NOT say 'N/A' instead say 'NONE' if 'A' number is unknown at this present time.
Thanks
Raj
Thanks for clearing this up.
Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?
yabadaba
06-23 07:29 AM
dont forget july 4th is a holiday..so when they come back on the 5th they will have applications touching the roof.
but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.
but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.
