boldm28
08-14 10:51 AM
this is in response to some who say what if India does this and that ...the point is that India will do nothing. In general we have passive leaders and our PM is a great example of that - if it was done against china then immediately there would have retaliation. in some ways it is good if it stops the misuse ...I guess the biggest losers in this are the lawyers - more lawyer shops will close down
you got it dude .. just imagine , we are trying to dictate laws in some other country and blame law makers in the US ( senators , congressmen) , but all this things happen in India , we just accept the fact and move on .. so just accept the fact and move on , we cant do anything about it , as far as politicians are concerned in India , they do what they want classic eg is Kalmadi who has been taking bribes from God know when , you guys know rite
ViTESSE ( maruti dealeship) is own by Kalmadi's . I can go on and on but dont want to clog the forums
you got it dude .. just imagine , we are trying to dictate laws in some other country and blame law makers in the US ( senators , congressmen) , but all this things happen in India , we just accept the fact and move on .. so just accept the fact and move on , we cant do anything about it , as far as politicians are concerned in India , they do what they want classic eg is Kalmadi who has been taking bribes from God know when , you guys know rite
ViTESSE ( maruti dealeship) is own by Kalmadi's . I can go on and on but dont want to clog the forums
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radhagd
03-26 11:18 AM
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140
ashutrip
07-18 12:48 PM
how long does it take to get Hard Copy of labor Approval from atalanta center?
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WeShallOvercome
11-08 01:48 PM
I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.
you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.
We all know how religiously USCIS follows its own rules.
you are right... Almost everyone who has dealt with USCIS even once in his/her life time, knows that USCIS is the most unpredictable agency in the world...I was just explaining what the dates are 'supposed to mean' according to the rules.
We all know how religiously USCIS follows its own rules.
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doceb2
04-13 06:20 PM
i also need the answet to this question , how should one respond if somebody gets rfe with different job
bach007
12-03 06:26 AM
What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
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nosightofgc
12-07 02:46 PM
I will be surprised if some one says you cannot. Because I am doing.
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abhijitp
01-25 04:59 PM
I live and take bart from fremont. let us know time and day or days of this event. I will plan to stop by or stop for hours to help IV friends.
THAT is the spirit, thank you my friend!
The drive will happen on
all weekday evenings (5pm - 7pm)
between
Tuesday 1/29/2008- Friday 2/8/2008
Are you a part of the NorCal yahoogroup?
Thanks again!
THAT is the spirit, thank you my friend!
The drive will happen on
all weekday evenings (5pm - 7pm)
between
Tuesday 1/29/2008- Friday 2/8/2008
Are you a part of the NorCal yahoogroup?
Thanks again!
more...
guygeek007
07-22 08:41 PM
Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.
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wildcat1313
03-28 12:43 PM
Can anyone please respond? What should I do?
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trueguy
12-11 06:24 AM
China EB3 also didn't recieve the fair share (as per the law) of annual quota.
Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.
Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.
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kumarc123
11-06 03:34 PM
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
more...
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axp817
02-03 07:14 PM
"The AC21" is just a letter stating that you have switched employers and have a new job in the same occupation, similar wage, etc. under the AC21 law, in no specific format.
My AC21 letter which was drafted by the attorney just states the above and is addressed to the USCIS on my behalf. I am the only person that has signed it, the only attorney reference on there is for sending any correspondence.
My AC21 letter which was drafted by the attorney just states the above and is addressed to the USCIS on my behalf. I am the only person that has signed it, the only attorney reference on there is for sending any correspondence.
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vikramy
09-21 03:41 PM
One of my friend got into same issue last week for his new license. He got a letter from DMV after a week, saying every thing is ok. I don't know whether problem is with DMV or USCIS, but they are not able to verify some information immediately.
YOu should be receiving communication soon.
I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.
Anyone has proble to renew Lic. in PA.
YOu should be receiving communication soon.
I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.
Anyone has proble to renew Lic. in PA.
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saravanaraj.sathya
08-22 02:53 PM
This sound like a good idea...our first option is to attend the rally. But if for some reason we are not able to make it...we can identify a place in all the states on the same day to show support for the DC rally.. I tried to find someone in Buffalo...but noone responded..dont know whether I will be able to attend the rally in DC.
I know some of you will be attending the Rally in DC on Sep 18th.
But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.
This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like
West Coast (Bay area )
Midwest (Chicago)
Texas (one of the major cities - Dallas, Austin or Houston)
Think of all the local media attention this gets & also the ripple effect into national media.
Any thoughts ??
I know some of you will be attending the Rally in DC on Sep 18th.
But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.
This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like
West Coast (Bay area )
Midwest (Chicago)
Texas (one of the major cities - Dallas, Austin or Houston)
Think of all the local media attention this gets & also the ripple effect into national media.
Any thoughts ??
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gccovet
05-08 02:31 PM
:confused:
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
Hi, I am not an expert, quoting from things I have read in the past.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
Hi, I am not an expert, quoting from things I have read in the past.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
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chanduv23
09-30 09:45 AM
:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."
I have used AC21 to change jobs but I am still on H1....Now i am worried.
Don't worry , it is not a denial
I have used AC21 to change jobs but I am still on H1....Now i am worried.
Don't worry , it is not a denial
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ash27
03-31 10:35 PM
I've read multiple posts but it is not clear if an EAD recipient can do contract work on W2.
My situation is that I work for a desi consulting co. and currently doing corp to corp with TekSystems. TekSystems is OK to employ me as a W-2. However, it is contract based employment. Could Gurus please advice if an EAD recipient can work on W-2 with vendors like TekSystems.
My situation is that I work for a desi consulting co. and currently doing corp to corp with TekSystems. TekSystems is OK to employ me as a W-2. However, it is contract based employment. Could Gurus please advice if an EAD recipient can work on W-2 with vendors like TekSystems.
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Ramba
10-31 11:11 AM
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.
Hope this helps.
Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).
Hope this helps.
Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).
walking_dude
09-07 01:08 PM
IV Core,
I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)
I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.
Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.
My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?
I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?
I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)
I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.
Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.
My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?
I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?
ek_akela
06-15 09:20 AM
I think if you can file extension before July 1st( when you are not current) you should be able to get 3 year extension..Experts! correct me if I am wrong!
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
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