simple1
10-16 05:15 PM
short answer. "titles are not a problem", only roles matter.
Long answer: -withheld-. update your profile.
Hi,
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
Long answer: -withheld-. update your profile.
Hi,
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
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justAnotherFile
07-11 09:18 PM
this is not a published article.
He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
so I guess it is ok.
He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
so I guess it is ok.
izolo
06-04 02:21 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
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calaway42
10-04 12:42 AM
lol .. uh-oh.. I think i did something wrong..
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
more...
GetGC08
07-31 09:10 AM
The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.
Once again thanks for your reply.
Yes University is very reputed from which I did my Masters & Bachelors.
Thanks.
Once again thanks for your reply.
Yes University is very reputed from which I did my Masters & Bachelors.
Thanks.
andy garcia
08-14 03:27 PM
Any cuban sets foot on US land is allowed to stay legally.
Law number 89, known as the Cuban Adjustment act, was adopted by the US congress on the 2nd of November of 1966, under the Lyndon Johnson administration. It's main provisions was to change the legal status of the Cuban immigrants; to treat them as political refugees and to grant them political asylum; and as such provide them immediately with privileges that no other group enjoys, such as, automatic permanent residence status - all without review and without the usual waiting time.
This privileged law affords the Cuban illegal immigrant the opportunity, to work legally, to govt. welfare, to unemployment benefits, and to free medical care, things that the average immigrant by no means is entitled to.
andy
Law number 89, known as the Cuban Adjustment act, was adopted by the US congress on the 2nd of November of 1966, under the Lyndon Johnson administration. It's main provisions was to change the legal status of the Cuban immigrants; to treat them as political refugees and to grant them political asylum; and as such provide them immediately with privileges that no other group enjoys, such as, automatic permanent residence status - all without review and without the usual waiting time.
This privileged law affords the Cuban illegal immigrant the opportunity, to work legally, to govt. welfare, to unemployment benefits, and to free medical care, things that the average immigrant by no means is entitled to.
andy
more...
davehoover
06-27 08:41 AM
If you have your I 140 approved already. A# will appear on the approval notice.
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trueguy
08-04 06:12 PM
Nopes. No refund.
After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.
After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.
more...
eb3retro
06-17 01:20 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
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ponvas
08-10 05:24 PM
This mustang may be GC or citizen holder already . Want to have fun with people who are crying for help!!!
more...
prioritydate
08-14 12:57 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
Ok. I added another clause. I-140, name check etc are approved.
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ck_b2001
07-19 10:54 AM
guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?
you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.
you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.
more...
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humdesi
12-13 09:35 AM
This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
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mnq1979
05-21 03:10 PM
You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
If you've made decision to work for your current employer on Permanant basis then that would be it..
It's not good or bad.. just keep it simple
hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?
If you've made decision to work for your current employer on Permanant basis then that would be it..
It's not good or bad.. just keep it simple
hmmm well then lets say if i send the letter from my employer who sponsored me for my green card? how long do i have to work for him liek when can i change my employer after gettign GC?
more...
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REQUIRE_GC
07-12 10:47 AM
Thanks a lot for your valuable input.
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time
But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?
Please let me know.
Thanks for all your input in advance.
I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time
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grupak
03-28 11:09 AM
also, category selection (eb2, eb3 etc ) is not persistent in the session
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
more...
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kondur_007
08-21 06:28 PM
I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
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kaisersose
06-02 10:42 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.
As far as I know, your H will impact your L, not the other way around. Your most recent I-94 will determine your status. Your H I-94 will start from Oct 01.
1. If your L extension cannot happen before Oct 1st, your L I-94 starts earlier than the H and will beinvalidated on October 1st.
2. If your L extension happens after October 1st - it will not happen because at that time, your status would have changed to H. So the ext will be denied as far as I know.
If you wish to continue your L after Oct 1st, get an extension approved, travel out of the country before Oct 1st, get a visa stamped and return on L after Oct 1st.
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.
As far as I know, your H will impact your L, not the other way around. Your most recent I-94 will determine your status. Your H I-94 will start from Oct 01.
1. If your L extension cannot happen before Oct 1st, your L I-94 starts earlier than the H and will beinvalidated on October 1st.
2. If your L extension happens after October 1st - it will not happen because at that time, your status would have changed to H. So the ext will be denied as far as I know.
If you wish to continue your L after Oct 1st, get an extension approved, travel out of the country before Oct 1st, get a visa stamped and return on L after Oct 1st.
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texcan
03-02 12:02 AM
Hi,
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.
Now since you have already applied for transfer, it makes more sense to wait for result/approval.
you family's h4 status is tied with your h1 status.
IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.
HTH and sorry to hear about layoff. Hope it will work out for you.
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.
Now since you have already applied for transfer, it makes more sense to wait for result/approval.
you family's h4 status is tied with your h1 status.
IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.
HTH and sorry to hear about layoff. Hope it will work out for you.
ivar
02-17 09:15 PM
Do I need recent salary slips for transfer ?
Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?
Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?
GC9180
06-19 05:59 PM
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
Well i feel the blood report might say something of that sort...just guessing!!
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