desi3933
02-11 06:41 AM
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.
Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?
It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).
I would suggest that you should consider getting second opinion from a reputed attorney.
Hope that helps.
_______________________
Not a legal advice.
US Citizen of Indian Origin
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.
Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?
It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).
I would suggest that you should consider getting second opinion from a reputed attorney.
Hope that helps.
_______________________
Not a legal advice.
US Citizen of Indian Origin
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MONCYS
04-28 01:16 PM
nice thread
vin
09-17 02:20 PM
You should've ideally waited another 5-6 years to get your GC. You're one lucky guy. You've won a lottery dude..make the most out of it!!
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GC_hope_2006
01-28 07:40 PM
Thanks to all your inputs. It was really helpful.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
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cygent
06-11 07:58 PM
Is anyone still upto doing something about the 140 situation?
Employer not paying salary after bloodsucking 7+ years, Lawyers not answering phonecalls, Employer not signing documents, H1-B 8th year expiring. Why O God Whyyyy?!?
I want to do something, but feel like my hands are tied & me thrown into the sea with sharks, with an anchor at my feet. I am not Criss Angel Houdini. My God Allah Zeus somebody help. Oh Well, Atleast I am Senior Member now.
Employer not paying salary after bloodsucking 7+ years, Lawyers not answering phonecalls, Employer not signing documents, H1-B 8th year expiring. Why O God Whyyyy?!?
I want to do something, but feel like my hands are tied & me thrown into the sea with sharks, with an anchor at my feet. I am not Criss Angel Houdini. My God Allah Zeus somebody help. Oh Well, Atleast I am Senior Member now.
USDream2Dust
06-14 09:41 AM
I just applied to lending tree on wednesday for 450k loan. Still nobody contacted me :(. I have an excellent credit history and me and my wife both are using our history to apply. Finally looks the market is really tight in credit. Last time I applied for auto loan I got replies in couple of hours.
Good luck. I am still hunting in NJ and want to get preapproved.
Good luck. I am still hunting in NJ and want to get preapproved.
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krishnam70
10-02 03:40 PM
Hello Everybody,
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
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payur
07-10 09:50 PM
Following intresting info is listed on the immigration-law, wish it is true :)
"There has been going around a rumor lately that the USCIS was internally discussing retreat from the 485 rejection decision. It appears that this rumor probably started from the USCIS HQ order over the Texas Service Center to hold all the July 2007 EB-485 applications abeyanbce and not to return the applications to applicants. Unconfirmed sources indicate that because of the order, the Texas Service Center is not returning the EB-485 applications which have been received since July 2, 2007. However, there is no evidence that the decision is necessarily related to its potential decision to withdraw the rejection decision. At this point, its reasons are completion unknown. Please stay tuned. "
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
"There has been going around a rumor lately that the USCIS was internally discussing retreat from the 485 rejection decision. It appears that this rumor probably started from the USCIS HQ order over the Texas Service Center to hold all the July 2007 EB-485 applications abeyanbce and not to return the applications to applicants. Unconfirmed sources indicate that because of the order, the Texas Service Center is not returning the EB-485 applications which have been received since July 2, 2007. However, there is no evidence that the decision is necessarily related to its potential decision to withdraw the rejection decision. At this point, its reasons are completion unknown. Please stay tuned. "
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
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kramac01
08-24 11:15 AM
We got our EAD in the mail today - We are late June filers (29th June) and got our receipt numbers last week, - I have some q's-
-Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
-How does one activate his/her EAD?
-Have any other late june filers already got their EAD?
Thanks
Sheetal
Hi,
I have a question. Did u see any LUDs in the USCIS website before you got EAD? I got FP notice but i didnt see any LUD change. I am also waiting for EAD.
My service center is Nebraska. Please reply.
-Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
-How does one activate his/her EAD?
-Have any other late june filers already got their EAD?
Thanks
Sheetal
Hi,
I have a question. Did u see any LUDs in the USCIS website before you got EAD? I got FP notice but i didnt see any LUD change. I am also waiting for EAD.
My service center is Nebraska. Please reply.
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krishmunn
03-08 08:52 PM
Here is what I found from Murthy Forum --
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
more...
immi2006
05-24 12:53 PM
logiclife
Super Moderator Join Date: Dec 2005
Posts: 335
Send webfax 15
--------------------------------------------------------------------------------
Webfax to push Brownback Amendment.
Friends,
The bill will be passing the Senate soon, and most likely be finalized and voted on Thursday.
Please bear in mind, that immigration voice DOES HAVE alternate ways to get the amendments into the final text of the bill if both Cornyn and Brownback's amendment are not floored and voted in this final lap of the debate. So please be patient and please have faith.
In order to give one more push to this amendment, we urge you to send a webfax support Brownback Amendment. Its is under the webfax menu as webfax Number 15.
Please enter your real name,(full name) and your address, phone etc on the webfax before sending it. With a few clicks, your webfax will go to all 100 senators therby generating support for this amendment.
Thanks.
Jay.
I do appreciate the full intentions of our admin in asking us to send faxes,
While these discussions are going on, if we send faxes - would it draw attention to a few hundred of them ? . Certainly worth the try, without loosing anything.
(2) - I also feel that Sending it to Cornyn, Spectre, in addition may help via faxes to remind them of our problems.
(3) - I do understand that the admins have a plan to get some relief via backdoor as the admin posted in case legal immigratns donot get a significant relief in the present form as posted just now, do you really think this is feasible ? would not we bypass the senate ?
Super Moderator Join Date: Dec 2005
Posts: 335
Send webfax 15
--------------------------------------------------------------------------------
Webfax to push Brownback Amendment.
Friends,
The bill will be passing the Senate soon, and most likely be finalized and voted on Thursday.
Please bear in mind, that immigration voice DOES HAVE alternate ways to get the amendments into the final text of the bill if both Cornyn and Brownback's amendment are not floored and voted in this final lap of the debate. So please be patient and please have faith.
In order to give one more push to this amendment, we urge you to send a webfax support Brownback Amendment. Its is under the webfax menu as webfax Number 15.
Please enter your real name,(full name) and your address, phone etc on the webfax before sending it. With a few clicks, your webfax will go to all 100 senators therby generating support for this amendment.
Thanks.
Jay.
I do appreciate the full intentions of our admin in asking us to send faxes,
While these discussions are going on, if we send faxes - would it draw attention to a few hundred of them ? . Certainly worth the try, without loosing anything.
(2) - I also feel that Sending it to Cornyn, Spectre, in addition may help via faxes to remind them of our problems.
(3) - I do understand that the admins have a plan to get some relief via backdoor as the admin posted in case legal immigratns donot get a significant relief in the present form as posted just now, do you really think this is feasible ? would not we bypass the senate ?
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RandyK
02-16 01:40 AM
:cool:
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smuggymba
03-01 07:57 PM
Hello Folks,
I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.
Any pointers in this regard will be highly appreciated. Thanks,
Good job with savings:D
No, you have already paid tax on it. I've been here since 2004 and have sent 12.5K USD to India and never paid tax.
I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.
Any pointers in this regard will be highly appreciated. Thanks,
Good job with savings:D
No, you have already paid tax on it. I've been here since 2004 and have sent 12.5K USD to India and never paid tax.
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hpandey
08-20 03:51 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
:)
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
:)
more...
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eb3retro
09-21 01:56 PM
I just received an email from USCIS that my wife's EAD has been approved.
RD 07/02, FP 09/04, PD 05/06
looks like NSC is approving Spouse EAD huh???
RD 07/02, FP 09/04, PD 05/06
looks like NSC is approving Spouse EAD huh???
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abhijitp
07-06 09:28 AM
Hey, I just added this one line to the composed content and sent it to KXAN news Austin to a immigrant reporter who highlighted legal immigrant document woes (for Mexicans though) yesterday night. He replied quite promptly.
Added content:
Would you and your station be kind enough to highlight our plight? We may not be 12 million in numbers but we do contribute in dollars the same number on a daily basis
Reply from Matt Flener:
<snip>
Surendra,
Be assured I received your email and REALLY want to follow-up with you. I would love to highlight your story. I will try and give you a call this weekend, or Monday at the latest. Thank you for your email.
</snip>
If I do get a call this weekend, it would be nice to receive support from like-minded people in Austin. We could meet him at Coffee Shop or at my apartment. Alternatively, if he agress to interview via telephone, then I would love to include one from immigrationvoice core itself to highlight the woes more appropriately.
Let me know and by the way thanks for composing..
Great job friend! Thanks!
Added content:
Would you and your station be kind enough to highlight our plight? We may not be 12 million in numbers but we do contribute in dollars the same number on a daily basis
Reply from Matt Flener:
<snip>
Surendra,
Be assured I received your email and REALLY want to follow-up with you. I would love to highlight your story. I will try and give you a call this weekend, or Monday at the latest. Thank you for your email.
</snip>
If I do get a call this weekend, it would be nice to receive support from like-minded people in Austin. We could meet him at Coffee Shop or at my apartment. Alternatively, if he agress to interview via telephone, then I would love to include one from immigrationvoice core itself to highlight the woes more appropriately.
Let me know and by the way thanks for composing..
Great job friend! Thanks!
more...
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vvr
03-18 02:05 PM
I am in the same situation right now, called both SFO and SJC airports and they seem to indicate they do not know anything about it. DVB how did you handle it ? Also, will it affect my status being on expired I-94 ?
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485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
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sac-r-ten
06-22 10:27 AM
nothing in advice/suggestion, just wishing you good luck with your endeavour.
meridiani.planum
04-15 06:04 PM
have any one applied for AC 21 your self or with advise, I need some guidance can you please help.
Thanks
Jay
I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
Moved from H1 to EAD.
Thanks
Jay
I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
Moved from H1 to EAD.
olgab90
08-30 08:21 PM
if you sent it between july 17 and august 17 there should be no problem,, uscis was accepting i 485 forms without medical exams due to the july 2nd trouble.
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