priti8888
10-17 07:17 PM
In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.
thats not true..AC 21 does'nt deny a promotion..Since it takes over 5-7 years to get GC approval, most of my friends got their GC when they were project managers/product managers but started as applications/network engineers.
thats not true..AC 21 does'nt deny a promotion..Since it takes over 5-7 years to get GC approval, most of my friends got their GC when they were project managers/product managers but started as applications/network engineers.
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stuckinmuck
02-11 07:01 PM
gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?
It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.
It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.
vbkris77
04-13 09:03 PM
I don't think child's country works.. Most of the guys would have been
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..
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jcrajput
07-21 03:51 PM
We are planning to travel India and getting stamped at Mumbai (H1, H4). After taking an appointment, how to send papers to Mumbai consulate from USA? I heard that someone has to go personally to submit the papers. Also, should we send papers to VFS or US Consulate?
Can anyone please guide or help?
Thank you so much.
Jignesh
Can anyone please guide or help?
Thank you so much.
Jignesh
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gccovet
06-25 12:24 PM
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
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ingegarcia
10-05 02:04 PM
I have some friends that won the lottery in January/06, enter to the USA got their EAD, SSN, and couple of months later they got their green card by mail.:D
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rkat
08-16 02:56 PM
I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.
A contracting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.
Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
I greatly appreciate all your help ! Thank you!
A contracting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.
Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
I greatly appreciate all your help ! Thank you!
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mihird
09-26 04:29 PM
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
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GCwaitforever
07-20 07:01 PM
Please participate in the immigration lawyers conference call on 28th.
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eb3_nepa
08-10 05:10 PM
May be he or she has a spouse whose birth country is non retrogressed .. :)
Even THEN it is not possible. Coz the June 2007 bulletin says that even ROW has to be atlest June 2005. His PD was Dec 2005 so there is NO way he could have applied.
Even THEN it is not possible. Coz the June 2007 bulletin says that even ROW has to be atlest June 2005. His PD was Dec 2005 so there is NO way he could have applied.
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zofa30
09-13 02:40 PM
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
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girishvar
08-12 07:13 AM
No
What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?
What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?
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Green.Tech
05-28 03:00 PM
I did it last night. Please contribute!
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trueguy
08-08 05:53 PM
Guys,
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
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sathyaraj
12-12 12:40 PM
Do not worry too much about your role change, because when you are using AC21 you need to be in same or similar job as specified in ONET job codes.
If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.
http://www.onetcodeconnector.org/ccreport/15-1051.00
If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.
If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.
http://www.onetcodeconnector.org/ccreport/15-1051.00
If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.
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thamizhan
07-17 10:32 PM
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ek_akela
06-05 10:16 PM
can't make it to DC, made a contribution of 100$
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gc_rip
07-09 10:02 PM
Hi Ann,
Appreciate your help, and this is more than useful for me.
"To make sure that USCIS does not find that you have abandoned your
AOS application you should maintain the validity of your Advance
Parole if at all possible."
I have another related question.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
Thanks,
Raj
Appreciate your help, and this is more than useful for me.
"To make sure that USCIS does not find that you have abandoned your
AOS application you should maintain the validity of your Advance
Parole if at all possible."
I have another related question.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
Thanks,
Raj
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meridiani.planum
05-20 04:00 PM
Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.
Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.
yup. same old mess. Try to get ONE thing for EB immigrants, and first the nurses lobby jumps on the bandwagon.. atleast its all still legal immigration at that point. Suddenly agjobs and DREAM also board the train bringing the 'tainted' illegal immigration angle into this picture and soon its a big fat mess that no one wants to touch. sad state of affairs.
Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.
yup. same old mess. Try to get ONE thing for EB immigrants, and first the nurses lobby jumps on the bandwagon.. atleast its all still legal immigration at that point. Suddenly agjobs and DREAM also board the train bringing the 'tainted' illegal immigration angle into this picture and soon its a big fat mess that no one wants to touch. sad state of affairs.
raysaikat
05-07 11:10 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
gjoe
08-02 01:47 PM
I always use USPS and all that I have mailed so far to India has reached on time.
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