Suvendra
01-11 01:53 PM
I am on EAD and using AC21 working for new employer.
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arihant
12-02 10:54 AM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
amitjoey
12-04 01:21 PM
I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr
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basav
08-04 07:58 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
more...
smsthss
07-05 09:27 AM
Is premium processing for I-140 back again??. I know that the premium processing for I-140 was suspended due to the expectations that there will be lot of I-485 applications during july. BUT now that they have made the dates unavailable.. IS PREMIUM PROCESSING FOR I-140 REINSTATED?? ANYBODY HAVE ANY UPDATES ON THIS !!!
nmdial
04-21 01:49 PM
We moved from NYC to Houston back in September 2009. If you want to talk, please send me a private message.
Where r u moving from?
Central PA
Where r u moving from?
Central PA
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a.j.2048
09-05 12:34 AM
Are people being bumped off now either for protection or revenge? Doesn't make sense that so many would die out of grief.
Why isn't AP under curfew when so many are dying?
Why isn't AP under curfew when so many are dying?
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permfiling
12-10 01:03 AM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
more...
psam
12-16 10:58 AM
Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?
I took usual 20/25 days. Dont exactly remember.
I took usual 20/25 days. Dont exactly remember.
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gc_in_30_yrs
11-12 11:27 AM
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also :)
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also :)
more...
tnite
09-30 11:31 AM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
EB2 India Mar 2005 NSC
There were atleast 7-8 cases from NSC on this board who received RFE's.
I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
EB2 India Mar 2005 NSC
There were atleast 7-8 cases from NSC on this board who received RFE's.
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kumjay
06-28 03:58 PM
Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.
more...
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obviously
08-04 11:45 AM
Thanks for the 2 quick responses... albeit, opposite in recommendation :)
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
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fuzzy logic
07-01 12:46 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
more...
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vamsi_poondla
09-10 11:30 AM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
Is AC-21 absolutely safe? I think most concurrent filers have to wait at least an year until their I-140 gets through.
Is AC-21 absolutely safe? I think most concurrent filers have to wait at least an year until their I-140 gets through.
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zCool
12-04 02:42 AM
You were supposed to get 92$ / hr for a LC you applied for in 2001??
exactly what is it that you do/did?
exactly what is it that you do/did?
more...
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Dj.Stigma
06-02 02:02 AM
My vote goes to Soul. Though all 3 wwws were very ugly and very user-unfriendly, Soul's 'beauty' (referring to his entry) was the one where i had to wait for the 'content' the longest time and it was very, very painful :hangover:
G... i mean Terrible job everyone ;-)
Peace
G... i mean Terrible job everyone ;-)
Peace
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qualified_trash
12-01 05:47 PM
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
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gcganapati
08-16 12:29 PM
PA dmv sucks..dont worry ...try next day or evening in the same time form diffrent officer...they are some time stupid and they don't know what they are talking..
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
Lucky7
12-05 06:38 AM
with this type of money and job, you should have filed for EB2.. why EB3
At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.
At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.
anindya1234
06-01 02:20 PM
I am not sure but the SKIL bill may be one such initiative. Check out
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
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