acecupid
07-05 01:22 PM
http://www.outsidethebeltway.com/archives/2006/04/immigration_fiasco_in_the_making/
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hmehta
08-08 01:49 PM
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
HRPRO
02-07 10:56 AM
Thanks for the response.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
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eastindia
12-20 01:40 PM
We need to have a working group to generate awareness @ grassroot levels about legal EB immigrations - common voters, media, people working around you.
This is a good idea.
How about you take your idea further and start this group. I am sure many folks who agree with you will join you. What do you think?
This is a good idea.
How about you take your idea further and start this group. I am sure many folks who agree with you will join you. What do you think?
more...
drona
07-09 11:52 PM
Arun on behalf of all IV members, please join nixstor! Check out USCIS address in Google Maps. Please take any one else with you who is willing to go. Nixstor said he would be there 10am to 1pm.
Thank you!
Thank you!
ardnahc
08-14 12:34 PM
for posting USCIS processing times
https://egov.uscis.gov/cris/processTimesDisplay.do
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
https://egov.uscis.gov/cris/processTimesDisplay.do
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
more...
bbct
02-18 10:51 AM
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.
So check with attorney.
This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.
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northstar1
07-26 12:30 PM
I don't think that's an option. The company has strict rules of using it's corporate attorney's through out the green card process. Hence the dilemna.
more...
deepakjain
07-22 05:42 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
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trojan
05-02 06:45 PM
You can write a balance-transfer-cheque to your own name (which you can deposit to your checkings account) of amount upto your credit limit on that credit card.
I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.
I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.
more...
texanguy
10-02 09:30 AM
Sorry I didnt see the thread. Still dont actually. Where is it? Thanks.
http://immigrationvoice.org/forum/showthread.php?t=21782
http://immigrationvoice.org/forum/showthread.php?t=21782
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gondalguru
07-06 12:01 PM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
more...
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mrcmic
07-24 06:38 PM
I am in the same boat with you.
485 package was delivered by UPS on NSC and the tracking number shows it delivered on the morning of June 08.
However, until this moment there is still no receipts annd check is not cashed.
As Canadian_Dream suggest, we just have to wait a little more time and if still no result, I will submit another copy for the application.
485 package was delivered by UPS on NSC and the tracking number shows it delivered on the morning of June 08.
However, until this moment there is still no receipts annd check is not cashed.
As Canadian_Dream suggest, we just have to wait a little more time and if still no result, I will submit another copy for the application.
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lotsofspace
01-23 12:38 AM
http://www.murthy.com/news/n_inseb2.html
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.
What planet are you from ? BTW don't forget to get your pixy dust :):)
You start out with a question and , then turn ultra optimist and label others as frustrated for reminding you of the reality.
keep up your optimism and apply in EB2 and you should have your GC in your lap by next Jan.......................................provided of course if your pixy dust works. :) :)
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.
What planet are you from ? BTW don't forget to get your pixy dust :):)
You start out with a question and , then turn ultra optimist and label others as frustrated for reminding you of the reality.
keep up your optimism and apply in EB2 and you should have your GC in your lap by next Jan.......................................provided of course if your pixy dust works. :) :)
more...
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regacct
10-20 09:51 AM
I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
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rkumar18
07-09 10:14 AM
If you search...you will find more of these ads!
EB2/ EB3 PREAPPROVED LABOR AVAILABLE
This is your last chance to get labor substitution done !
- CALL IMMEDIATELY
If you are still looking for EB2 or EB3 pre approved labor or if you know of any friends that need one !
Please call Purvi immediately at 732-494-4999 x 104
or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.
EB2/ EB3 PREAPPROVED LABOR AVAILABLE
This is your last chance to get labor substitution done !
- CALL IMMEDIATELY
If you are still looking for EB2 or EB3 pre approved labor or if you know of any friends that need one !
Please call Purvi immediately at 732-494-4999 x 104
or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.
more...
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desiron
08-13 11:20 PM
As per Murthy web site today:
Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)
Thanks
Ron
Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)
Thanks
Ron
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shahrooz
02-10 10:50 PM
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
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dontcareanymore
07-30 03:49 AM
I read about new guidelines about not leaving USA before applying for reentry permit and biometrics are taken. Please see the note below:
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/992527a7be4829e88525748a007ab59f?OpenDocument
If the link does not work, fo to fragomen's web site , select resources --> US Immigration head lines and the following topic:
USCIS Clarifies Biometrics Requirement for Reentry Permit Applicants.
I am sure other immigration firms have similar info.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/992527a7be4829e88525748a007ab59f?OpenDocument
If the link does not work, fo to fragomen's web site , select resources --> US Immigration head lines and the following topic:
USCIS Clarifies Biometrics Requirement for Reentry Permit Applicants.
I am sure other immigration firms have similar info.
gcwanter
06-21 09:37 AM
Hi jazz,
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
I have not had a very good experience mailing documents to CGI. I would advise against it based on the time crunch we are facing here....
If you go in person and get it done..that would be most optimal..and worry free.
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
I have not had a very good experience mailing documents to CGI. I would advise against it based on the time crunch we are facing here....
If you go in person and get it done..that would be most optimal..and worry free.
SGP
11-27 04:56 PM
I can't agree less with snathan
