alterego
01-03 12:28 AM
Pending AOS or 485 is a type of legal status. It also allows you to apply for additional work and travel privileges as long as the underlying 485 remains pending. If you choose not to avail yourself of those benefits that that is up to you. You would end up in trouble only if you violate that by then working or travelling (absent the USCIS permission through EAD or AP). As long as you just sit there and especially if you are a derivative beneficiary, there is no problem.
That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.
That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.
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bin673
07-10 01:18 PM
did you guys see this ?
http://lashawnbarber.com/archives/2006/09/15/my-kingdom-for-a-movie-ticket/
http://lashawnbarber.com/archives/2006/09/15/my-kingdom-for-a-movie-ticket/
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shana04
02-16 12:38 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
I would advice you to consult your attorney before you make this decision. Good luck
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
I would advice you to consult your attorney before you make this decision. Good luck
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quizzer
11-15 05:32 PM
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
more...
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hebron
06-22 01:39 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
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yabadaba
07-22 03:37 AM
Please vote and provide details if the answer is yes
more...
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calboy78
08-10 07:16 PM
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
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chanduv23
09-14 02:13 PM
You cann decide now, and make it to DC
JUST FOLLOW YOUR HEART
JUST FOLLOW YOUR HEART
more...
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chanduv23
08-03 11:10 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
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srikondoji
04-28 04:09 PM
I would pass this info to my employer and lawyer.
As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.
Thanks
As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.
Thanks
more...
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JunRN
12-17 04:02 PM
Let me answer:
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
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Life2Live
04-22 12:54 PM
Is I-140 Premium processing is available now?
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rjgleason
January 6th, 2004, 09:41 AM
I took some photos today in poor light (please, sun...) and had to use ISO 800 to get decent shutter speeds. However, I find this isn't really useful with small birds as the noise basically covers a lot of detail. I find it difficult to on the one hand remove enough noise from the background so sharpening doesn't amplify it too much, and on the other hand leave enough noise so the feather details don't get smoothed out. So, what I did was use the magnetic lasso tool to select the bird (and inversely everything else), and used more Neat Image on the background than on the bird. I wonder if this couldn't be a trick to save some borderline images.
I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg
Anders: Great idea....looks fantastic........Now its time you set up yourself in the Photographer's notebook and this shud be your first entry.
I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg
Anders: Great idea....looks fantastic........Now its time you set up yourself in the Photographer's notebook and this shud be your first entry.
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desi3933
02-09 01:55 PM
.....
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
more...
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desi3933
02-23 03:20 PM
.....
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
........
No.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Refer to my previous post on this thread.
_________________
Not a legal advice
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
........
No.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Refer to my previous post on this thread.
_________________
Not a legal advice
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JA1HIND
03-20 04:09 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I will certainly support if I know the cause for this fasting & if I know more details on this rally?
btw: I can also support by dancing and singing all night long (of course it comes out naturally after I have 5-6 drinks....:D) just kidding..
when you get a chance give more details on the cause for this rally, date etc., and see how I can support.
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I will certainly support if I know the cause for this fasting & if I know more details on this rally?
btw: I can also support by dancing and singing all night long (of course it comes out naturally after I have 5-6 drinks....:D) just kidding..
when you get a chance give more details on the cause for this rally, date etc., and see how I can support.
more...
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vishwak
02-23 09:59 AM
I'm not sure about Mortgage.
But for Cars I heard below.
One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.
One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.
Forget about Banks, even Credit Unions are doing the same.
But for Cars I heard below.
One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.
One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.
Forget about Banks, even Credit Unions are doing the same.
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a_yaja
03-07 09:43 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
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tabletpc
08-20 02:30 PM
Thanks a lot for response guys...
Looks like i forgot to mention few of my own contraints...
I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.
My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!
Looks like i forgot to mention few of my own contraints...
I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.
My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!
Nitu Singh
06-12 07:31 PM
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
raithedavion
07-07 12:53 PM
privatevoid outputFile()
{
string temp;
int counter = 0;
int counter2 = 0;
fileOutputPanel.Visible = true;
fileOutput_txt.Text = file + "\r\n";
FileStream fs = File.Open(file, FileMode.Open);
BinaryReader myReader = newBinaryReader(fs, Encoding.ASCII);
for (int i = 0; i < fs.Length; i++)
{
try
{
temp = myReader.ReadChar().ToString();
if (i > 15)
{//33
if (counter > 3 && counter2 <5)
{
fileOutput_txt.Text = fileOutput_txt.Text + "\t";
}
fileOutput_txt.Text = fileOutput_txt.Text + temp;
counter = counter + 1;
counter2 = counter2 + 1;
if (counter2 > 32)
{
fileOutput_txt.Text = fileOutput_txt.Text + "\r\n";
counter2 = 0;
counter = 0;
}
}
}
catch
{
fileOutput_txt.Text = fileOutput_txt.Text + "\t";
temp = myReader.ReadSingle().ToString();
i = i + 4;
fileOutput_txt.Text = fileOutput_txt.Text + temp;
counter2 = counter2 + 1;
}
}
}
I've tried ReadSingle(), ReadChar(), Read(), ReadByte(), ReadChars(), ReadInt16, 32, 64, etc etc. The binary file is created by a program called Axys and has to do with stocks and trading them. So I do not have access to their write method.
{
string temp;
int counter = 0;
int counter2 = 0;
fileOutputPanel.Visible = true;
fileOutput_txt.Text = file + "\r\n";
FileStream fs = File.Open(file, FileMode.Open);
BinaryReader myReader = newBinaryReader(fs, Encoding.ASCII);
for (int i = 0; i < fs.Length; i++)
{
try
{
temp = myReader.ReadChar().ToString();
if (i > 15)
{//33
if (counter > 3 && counter2 <5)
{
fileOutput_txt.Text = fileOutput_txt.Text + "\t";
}
fileOutput_txt.Text = fileOutput_txt.Text + temp;
counter = counter + 1;
counter2 = counter2 + 1;
if (counter2 > 32)
{
fileOutput_txt.Text = fileOutput_txt.Text + "\r\n";
counter2 = 0;
counter = 0;
}
}
}
catch
{
fileOutput_txt.Text = fileOutput_txt.Text + "\t";
temp = myReader.ReadSingle().ToString();
i = i + 4;
fileOutput_txt.Text = fileOutput_txt.Text + temp;
counter2 = counter2 + 1;
}
}
}
I've tried ReadSingle(), ReadChar(), Read(), ReadByte(), ReadChars(), ReadInt16, 32, 64, etc etc. The binary file is created by a program called Axys and has to do with stocks and trading them. So I do not have access to their write method.
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