ram04
04-25 10:13 PM
I m joining new company by changing H1.
Too many questions too little input to take decission. Please provide your expertise advice.
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
-What are the docs to be collected from old employer?
-Can I retain same lawyer for GC while H1 is taken care by new company lawyer?
Guys - I m running out of time and got to respond to new company soon.
Please provide your inputs.
-Gc04
July 07 filer
Chicago state Chapter
Too many questions too little input to take decission. Please provide your expertise advice.
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
-What are the docs to be collected from old employer?
-Can I retain same lawyer for GC while H1 is taken care by new company lawyer?
Guys - I m running out of time and got to respond to new company soon.
Please provide your inputs.
-Gc04
July 07 filer
Chicago state Chapter
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GCNirvana007
09-10 11:37 PM
Well VXG,
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
:p See what you got to deal with marriage, i am TOTALLY kidding
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
:p See what you got to deal with marriage, i am TOTALLY kidding
knowDOL
06-05 11:26 AM
Yes, looks like they removed the timeframe hopefully it is for good. but lets see. May be after the bi-specialization case transfers they removed.
2011 i love you poems for her_09.
indianabacklog
12-04 06:50 PM
A wife of one of my colleagues got her green card through marriage. They have now been married for over eight years and she simply visits at least once a year and on at least three occasions has only visited for a weekend.
This gives you a good idea how little time you have to be here without losing your permanent residency.
I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.
If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.
This gives you a good idea how little time you have to be here without losing your permanent residency.
I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.
If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.
more...
Keeme
10-03 02:56 PM
My EAD expires on - 10/10/2008. I had e-filed on 10/01/2008 for renewal.
I-140 approved. I 485 peding since Aug 2007.
Should I continue working after 10/10 as my current EAD will expire. Can I use my e-field receipt notice to continue my employment ?
Pl advise.
I-140 approved. I 485 peding since Aug 2007.
Should I continue working after 10/10 as my current EAD will expire. Can I use my e-field receipt notice to continue my employment ?
Pl advise.
lazycis
12-05 12:42 PM
Here is a good article on the subject with references to the US law and caselaw:
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
more...
meridiani.planum
06-17 09:38 PM
Thanks to every one for considering my message and answering to the questions.
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)
specifically:
3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.
Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):
i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)
I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)
Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.
You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)
Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.
Depends on your appetite for risk...
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)
specifically:
3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.
Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):
i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)
I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)
Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.
You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)
Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.
Depends on your appetite for risk...
2010 i love you poems for her_09.
highertruth
07-30 03:55 PM
YouTube - Aaja Tujhko Pukare Mera Pyar-Neel Kamal (http://www.youtube.com/watch?v=js368A-d7Hs)
more...
abhay
10-30 09:14 AM
Thanks Guys, I called Delhi customer support. They said not to over-write but just to go to the counter and explain the mistake to the consulate officer. Apparently even they cannot edit those fields.
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NKR
06-02 10:24 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
more...
meridiani.planum
08-11 11:41 PM
Hi Guys,
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.
hot i love you poems for her_09.
GIC
01-01 03:31 PM
No FP yet. Called TSC N number of times. Opened SR long ago. Got SR response letter but no FP notice.
I-485: July 2nd TSC
Online ND: Sept 10,2007
Filed July 2nd and no FP yet after two SRs. Not sure if we should be concerned!!!
I-485: July 2nd TSC
Online ND: Sept 10,2007
Filed July 2nd and no FP yet after two SRs. Not sure if we should be concerned!!!
more...
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starseed
08-20 08:50 PM
Let us know what you find out from your subsequent calls or infopass appointments.
See my most recent and related post here http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/394381-ead-approved-for-only-1-year.html
See my most recent and related post here http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/394381-ead-approved-for-only-1-year.html
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pappu
12-10 02:03 PM
The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.
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anilsal
01-07 10:42 AM
So it is really an administrator goof-up?
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Gundark
08-27 12:16 PM
Very nice Calvin and Hobbes! :thumb:
I haven't had a chance to try to make C3PO yet, I'll see if I can't do that sometime today.
I haven't had a chance to try to make C3PO yet, I'll see if I can't do that sometime today.
more...
makeup hjahianazo: i love you poems
ArkBird
06-08 01:53 AM
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
Could not agree more with you on that... Devil is gone. Now the Deep Sea!!!
Love my(our) life.....
Could not agree more with you on that... Devil is gone. Now the Deep Sea!!!
Love my(our) life.....
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kirupa
01-24 04:07 PM
Added those notes sage and iamthejuggler :)
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raysaikat
01-10 10:08 AM
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
gcwanter
06-27 08:45 AM
So should i write N/A for a pending 140?
njdude26
07-12 02:25 PM
it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?
good luck.....
I'm sorry but I have no idea what the new procedure is. The attorney just informed me that there is a new procedure and he emailed them all the info. So I assume that the new procedure is an email based system .
This is an RIR filed in Oct'02 in PBEC
good luck.....
I'm sorry but I have no idea what the new procedure is. The attorney just informed me that there is a new procedure and he emailed them all the info. So I assume that the new procedure is an email based system .
This is an RIR filed in Oct'02 in PBEC
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