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  • add78
    06-11 08:56 AM
    This is a first step in the full reinstatement of PP for 140. As USCIS has said before, due to the immense backlog they cannot adjudicate all 140 PPs in the 15-day window but they are in need of the extra $1500 that PP fetches them. This will enable them to get a little more $$ for a relatively smaller 140 cases upgraded to PP which they could adjudicate in 15 days. It also alleviates the stranded folks who could not extend H-1 if Perm was <365 and 140 pending. Let us see in time (a few months at least) how much backlog is cleared as USCIS diverts more resources to 140 cases.





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  • sk2006
    07-05 06:56 PM
    Bull***t!

    What makes you think so?





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  • Maverick1
    11-16 01:45 PM
    Let me restate to make sure I understood your question right :

    Are you currently working as described in "A" and going to join a job as described in "B" ?

    They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.

    As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.



    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?





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  • black_logs
    05-11 10:43 AM
    We are still working on it, the most probable location & time is Bombay Palace at 7 pm but please wait until it is announced officially.

    Could some one post the Venue and time? (I guess it is dinner meet)

    Thanks



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  • samcam
    05-23 10:53 AM
    Good job Salil..





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  • Bytes4Lunch
    03-07 09:25 AM
    Visa stamping interview --> First week of Feb
    Was asked to submit technical questionnaire and other documents as per 221g which I did
    Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

    After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
    The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
    When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

    Now my question is:
    ---------------------------------------
    I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
    Then arrange for the h1B visa stamping interview at say Tijuana, Mexico. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
    I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.



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  • meridiani.planum
    04-03 05:49 PM
    inline...
    Hi All,
    I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.

    I changed jobs on EAD

    1. Did you find have any issues when getting 485 approved.

    My PD is still 5 years or so away from being current. :)

    2. Did you file AC21.

    No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.

    3. Does the job responsibility has to meet 100% word by word.

    In my case its about 80% the same. In general its better if its as close as possible.

    4. Has any one you applied for EAD extension on your own.

    Not done yet, but will do this year. Its a simple enough form

    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.

    have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.





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  • rajenk
    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.

    Thanks
    Raj



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  • axp817
    04-09 02:54 PM
    Is this legal?

    Yes.

    Is it a common practice?

    Apparently.


    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.

    Good luck.





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  • logiclife
    06-01 07:04 PM
    First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.

    Ok.
    You still have another 2 months before you begin the last year of your initial 6-year H1 term.

    If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.

    Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).



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  • tp976
    04-30 05:38 PM
    thanks Jai. You are right, its probly all luck. BTW , which service center is your case pending at





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  • GoneSouth
    03-16 08:29 PM
    GC: O*NET codes are used by the Department of Labor to classify occupations. The dictionary of O*NET codes can be found here: http://online.onetcenter.org/ You can click on the "Find Occupations" link and us the various search facilities to find the occupation that matches closest to your current and proposed future position.

    AJ: sorry, can't help on the priority date question. I think this has been covered in other posts on these boards though.



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  • simple1
    10-06 03:51 PM
    Troll Alert. Avoid responding to these posts.

    Every one knows employee paying for h1b visa processing is illegal.

    Anti immigrants are infesting this forum with fake posts.

    Hi,

    After following up for 1 month in person on my case with Segi Corp consultancy (NJ). They gave me my EAC number when i told them that i will withdraw my case.

    When i try to find the status on my case i got the following from USCIS website .

    "On June 16, 2009, we rejected this case I129, PETITION FOR A NONIMMIGRANT WORKER, because you did not resubmit
    payment to correct the insufficient funds notice. On June 16, 2009, we sent you a notice, advising you to resubmit
    payment within 14 days to correct the deficiency. 14 days have passed and the deficiency has not been corrected.
    Accordingly, this case has been returned with all accompanying documents and is now considered improperly filed and
    rejected."

    please let me know the procedure to file a case against this consultancy..

    Is any one planning to file lawsuit against this company, if yes please let me know the process.





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  • waitnwatch
    07-17 08:36 PM
    The first part looks like a standard blurb.........The second part is the reply and you should be happy that they have taken cognizance of your situation. Hopefully you'll receive the fingerprinting notice in the mail soon.

    Good luck



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  • martinvisalaw
    02-23 06:19 PM
    Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

    Make sure you speak with an attorney who files a lot of marriage-based cases.





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  • vybe3142
    07-25 12:03 AM
    thanks much, ...

    i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
    Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.



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  • JunRN
    05-16 02:55 PM
    My friend is in the I-140 stage of green card processing
    She needs to choose between Counselor Processing or I485

    Which one is better Counselor Processing or I485 ?

    Your feedback is greatly appreciated

    It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.





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  • gc_75
    07-17 05:18 PM
    I think we have till July 31st. About 2 weeks.
    one silly question. How weeks do we have in hand to file 485?





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  • Asian
    12-07 01:15 PM
    When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

    In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

    This is a different question. Is the government job also regarded as cap exempt non profit?

    Thank you very much for your help! Our immigration gods bless you!

    Best,


    Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.





    patelkirti
    04-17 02:40 PM
    It's alright abt the red dot. Is there a way I can find out who gave it to me? Just curious!

    Thanks guyz for helping out!





    a1b2c3
    12-19 02:09 AM
    These articles are nothing new. Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.
    However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!

    The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.



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