sen
10-19 10:54 AM
Some of my friends who used AC21 moved to jobs having salary more than 50% of their current one. All got their GCs approved and didn't have any issues. But from what i read from multiple sites, the salary should never go below the one that's mentioned in LCA.
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kicca
01-24 09:48 PM
^^
chanduv23
03-14 12:58 PM
Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
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Templarian
11-26 12:24 AM
:lol: Fixed. but I refuse to use a jpeg
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ck_b2001
12-11 01:29 PM
I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.
The photocopying is best left to them as the one you make has potential of having been tampered.
TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.
The photocopying is best left to them as the one you make has potential of having been tampered.
TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.
GCBy3000
04-15 06:16 PM
EIther this guy is ALIPAC or he is from ALIPAC. THose guys tried to supress us in a straight forward way, but it did not work. Then they sent some infiltrants to our site to coy us to beleive they work for immigrants. That also did not work. Now they are trying to backstab us with our own hands. They will do whatever it takes to drive us out, but we should be smart as we were and may be much more. Good luck ALIPAC.
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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.
2010 Angry Eyes
slowwin
06-11 08:36 AM
Hi,
vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.
Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.
Thanks,
slowwin
-------------------------------------------------------------------------------------------------------------------
DISCLAIMER: This not a legal advise. Please consult your attorney.
vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.
Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.
Thanks,
slowwin
-------------------------------------------------------------------------------------------------------------------
DISCLAIMER: This not a legal advise. Please consult your attorney.
more...
gc_chahiye
01-02 12:37 PM
Hi Guru's
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
What is the exact reason for denial? In spite of your education evaluation as well as letter from the Registrar in India they still dont believe Maths was your major?
You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).
Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
What is the exact reason for denial? In spite of your education evaluation as well as letter from the Registrar in India they still dont believe Maths was your major?
You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).
Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)
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yabadaba
07-13 02:24 PM
hilarious...my last post was 711
go apu!
go apu!
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iad2ead
02-10 05:56 PM
Weigh in with % raise and take decision. If its around 15%-20% raise with
good benefits etc then move..
cheers
Iad
good benefits etc then move..
cheers
Iad
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qasleuth
09-17 11:37 AM
Why even bother?
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Wrong and Wrong.
Lou is broadcasting his radio show from Federation for American Immigration Reform's "Hold Their Feet to the Fire" legislative advocacy event. No points for guessing what the event is advocating for. Just wait for CNN to drop Lou and Fox embraces him. It will be just in time when CIR comes back on radar.
If you have been even remotely following the healthcare debate, the fewest (however idiotic or uninformed they are) make the loudest noise, scaring lawmakers. THAT is guaranteed to affect you and I (well not senthil as he already has his GC).
Lou Dobbs | Media Matters for America (http://mediamatters.org/search/tag/lou_dobbs)
Here is a good read on the why's/what's
Timothy Karr: What Beck, Dobbs and Limbaugh Are Really Afraid Of (http://www.huffingtonpost.com/timothy-karr/what-beck-dobbs-and-limba_b_288480.html)
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Wrong and Wrong.
Lou is broadcasting his radio show from Federation for American Immigration Reform's "Hold Their Feet to the Fire" legislative advocacy event. No points for guessing what the event is advocating for. Just wait for CNN to drop Lou and Fox embraces him. It will be just in time when CIR comes back on radar.
If you have been even remotely following the healthcare debate, the fewest (however idiotic or uninformed they are) make the loudest noise, scaring lawmakers. THAT is guaranteed to affect you and I (well not senthil as he already has his GC).
Lou Dobbs | Media Matters for America (http://mediamatters.org/search/tag/lou_dobbs)
Here is a good read on the why's/what's
Timothy Karr: What Beck, Dobbs and Limbaugh Are Really Afraid Of (http://www.huffingtonpost.com/timothy-karr/what-beck-dobbs-and-limba_b_288480.html)
more...
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paskal
12-22 10:16 PM
Mark you calenders/palms/outlooks etc
AND
watch this space for details on calling in
AND
let us all know if you can attend
Thanks!
AND
watch this space for details on calling in
AND
let us all know if you can attend
Thanks!
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pitha
01-31 12:47 PM
How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they don�t leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.
I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.
All the more reason to push for the 485 measure.
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.
All the more reason to push for the 485 measure.
All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
more...
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DesiGuy
08-17 10:01 AM
hi guys,
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
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Siddhartht
07-26 03:14 AM
remit2India.com is the best among all . the feature guarantee fixed is the best feature they offer .
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chicagobuddy
05-25 01:02 PM
thanks dude..
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
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Ramba
05-01 11:21 AM
If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.
If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.
If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.
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seeking_GC
07-12 02:25 AM
Any idea on when the lawsuit actually gets to court?
simple1
02-15 11:37 AM
I have the same query:
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
sreeanne
10-30 02:04 PM
All you need is just apply for H1 extension and wait till USCIS gets back to you, if something happens, change you stat to EAD. I dont see any issues here.