Thursday, June 9, 2011

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  • eastindia
    07-29 12:33 PM
    That explains it.If your company is blacklisted you are in a deep hole and should have a backup plan for employment. You should consult more good lawyers.





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  • kondur_007
    08-16 06:29 PM
    Hello everyone -

    I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

    1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

    2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

    Original title - Transportation Analyst/Engineer with 55K as salary

    New Title - Director of Transportation Systems and Services Engineering with 135K as salary

    Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.


    Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.

    best,


    I am not a lawyer, but to the best of my knowledge I can answer as follows:

    1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.

    2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.

    Good Luck.





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  • ita
    11-13 10:26 AM
    I spoke with A CSR at NSC and she said she could n't confirm if the address has been updated or not since it is private information and she doesn't have access to it.

    I asked her about my EAD card.
    She took my reciept# ,checked the status and asked me to give the new address and said she sent request for the card to be resent.
    Is this how they do it ?

    So do I need to talk to IIO to see of my address is updated or not?

    Thank you.





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  • chanduv23
    09-14 04:50 PM
    Come on folks - follow your heart

    SEE YOU ALL THERE IN DC



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  • ssss
    08-03 08:25 PM
    Forgetting passwds is normal, especially for IT guys :D





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  • karthkc
    03-18 01:37 PM
    If I work on EAD for company XYZ then will I loose my H1B with company ABC?

    Yes. Your H1B will be invalidated if you start work on EAD....



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  • Prashanthi
    03-26 05:46 PM
    The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
    Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.





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  • dreamgc_real
    05-03 09:10 PM
    Thanks for this input. I'd call them around 10th of this month.

    Keep us updated. Also what is the processing time for EADs in AZ on an average? Both for premium and regular?



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  • omiboy
    09-21 10:02 PM
    Can someone please help me?

    I have been with my current company for the past 7 years under an H-1 visa.

    My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).

    I am currently on my 3rd H-1 extension which was given to me till Oct 2012.

    My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.

    Is there any way for me to transfer my H-1 to another company who is willing to employ me?

    My present company has said that they will keep my green-card sponsorship untill I get the card phisically.

    Can someone tell me if I can transfer to another comapny?

    If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?

    I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.

    Please help me... I need advice.

    Sincerely

    Omi.





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  • pkjena
    10-17 07:44 PM
    I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
    Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
    On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
    No theoretical guesses please.
    Thanks



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  • crazyghoda
    07-10 10:25 AM
    The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.





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  • xela
    11-11 10:04 AM
    Can any one explain to me why EB3 ROW does not move at all.
    There cannot be that many 2002 cases left in that category??????
    Just seems strange to me.



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  • arnab221
    08-13 10:40 AM
    Lets do it LAGAAN style . Play a Cricket / American Football match with USCICS .


    1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D



    2) If USCIS wins then let them introduce double retrogression . :mad:





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  • TDF PHOTOGRAPHY
    November 22nd, 2005, 02:28 AM
    I like # 4 well done



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  • nileshup
    09-25 04:50 PM
    I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.

    Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.

    Thanks,
    Nileshup





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  • Munna Bhai
    08-28 09:05 AM
    thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.

    yes, that is true



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  • martinvisalaw
    10-22 01:50 PM
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    yes

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [

    Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.

    Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa





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  • arnet
    09-08 01:37 PM
    well spoken....thanks to Shilpa and for IV/IARC. she highlighted all the problems/solutions even abt SKIL bill. well done.......





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  • lostinbeta
    10-05 03:50 AM
    Nice image:) How long have you been using 3dsmax?

    Not to put down your footer, but it does look very simple to make. It is just the concept of it that makes it very cool.





    uslegals
    11-11 07:07 PM
    I would appreciate any advice whether E-filing is eligible for folks have I-485 case pending.

    Thanks !





    ajju
    08-28 04:08 PM
    Hello fellow IV members,

    I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

    Thanks for your help.

    What kind of help are you looking for?? Its all in the IV forums about AC21... You need nothing... If you think your employer may revoke your approved I-140.. then you need to inform USCIS of your using AC21 to do a job change... If your I-140 is not approved yet.. you need to wait...

    All the needed details would be in AC21 threads...



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