baburob2
10-03 10:32 AM
Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.
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jnicklo
04-18 12:29 AM
its ok quinton ;) you and i dont work in the design field :)
We're bums and Im my own worst enemy, and to think that I thought Pc's, Flash and small monitors were my worst enemy!! ;)
We're bums and Im my own worst enemy, and to think that I thought Pc's, Flash and small monitors were my worst enemy!! ;)
HV000
04-03 02:23 PM
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
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nitkad
04-18 11:30 AM
It seems like you are one lucky guy if you are from India or China :)
If you are ROW then I guess you were born lucky. Just Kidding!! I love my country where I was born and grew.
If you are ROW then I guess you were born lucky. Just Kidding!! I love my country where I was born and grew.
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mabuhay
07-16 10:18 PM
they are right. you have to get your medical. i would suggest that you travel even for 3-5 hours just to get it done. if you are near houston, there are a lot of listed doctors here. getting an appointment will not be a problem. i had my check-up/vaccines on a monday and got the results wednesday.
vin13
05-12 10:28 AM
Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
Good review of previous performance.
What could be different this year compared to previous years are
1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.
2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.
3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)
All these above factors may influence them to open up in July than August. Again, these are my gut feel.
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
Good review of previous performance.
What could be different this year compared to previous years are
1) DOS seems to make sure no visas are wasted and so may not want to wait for the last 2 months of the fiscal year.
2) More cases are pre-adjudicated which makes it easier for them to initiate the fall-across/fall-down in July than wait for August.
3) DOS has been good at not retrogressing the the visa dates further back in the last few months. They either stay where they are or move forward. But not back. This indicates that they are paying more attention and not randomly opening up visas. This means they want to issue visas by priority dates which would need proper planning (to make sure nothing gets wasted)
All these above factors may influence them to open up in July than August. Again, these are my gut feel.
more...
chanduv23
03-08 10:38 AM
Most employers pretend as if they dont know anything about retro, whereas they have employees in their own company in that situation.
Lot of people do not know what they are gettng into, a lot of new H1b applicants go look for employers promising Green Card carrots and switch jobs only to find out at a very later stage that they are retrogressed. Same with sub labor, lot of people switch companies as they get sub labor, just to find out later they cannot apply 485 due to retrogression.
A lot of people still don't know what kind of mess they are in. I tried explaining this to a lot fo people who do not understand, and they never made an attempt to understand, thats the reason why IV still has only several thousands members where those affected by retro is in lacs.
My only advice to you is "think positive", "put a lot of effort in your skill and job", "stay put with latest news", "Help IV" and be careful with employers or lawyers or body shoppers
Lot of people do not know what they are gettng into, a lot of new H1b applicants go look for employers promising Green Card carrots and switch jobs only to find out at a very later stage that they are retrogressed. Same with sub labor, lot of people switch companies as they get sub labor, just to find out later they cannot apply 485 due to retrogression.
A lot of people still don't know what kind of mess they are in. I tried explaining this to a lot fo people who do not understand, and they never made an attempt to understand, thats the reason why IV still has only several thousands members where those affected by retro is in lacs.
My only advice to you is "think positive", "put a lot of effort in your skill and job", "stay put with latest news", "Help IV" and be careful with employers or lawyers or body shoppers
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mhathi
02-11 04:00 PM
AND
- You will never apply for US citizenship
AND
- You children won't need tuition or resident rates when they go to college
The last point depends on the university. Many accept EAD as sufficient for qualifying as an in-state resident for tuition purposes.
At least, one I am in contact with does.
- You will never apply for US citizenship
AND
- You children won't need tuition or resident rates when they go to college
The last point depends on the university. Many accept EAD as sufficient for qualifying as an in-state resident for tuition purposes.
At least, one I am in contact with does.
more...
vjone
04-06 03:43 PM
Did you get the same response when you post your first message.
I dd'nt know a way to post with out registering ..
interesting that you created an account just to post this...
I dd'nt know a way to post with out registering ..
interesting that you created an account just to post this...
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jliechty
June 8th, 2004, 11:00 AM
The D70 is said to be of better build quality than the digital Rebel. The image quality, for all practical intents and purposes, should be considered so close that it's not a concern in choosing one vs. the other. Of course, you pay $200 - $300 more for the D70, and you buy into the Nikon system (which some people have already written off as dead and jumped over to Canon), so that might be a disadvantage, depending on how you view the current camera market. Note that I own neither yet, shoot with a film SLR, but would buy a D70 if I could afford one... so take these statements with a few grains of salt. ;)
Also, consider that you'll be wanting large memory cards very quickly, if you don't have some already; if that must be factored into the budget, then the DRebel is the only one that fits within the limit you stated.
Also, consider that you'll be wanting large memory cards very quickly, if you don't have some already; if that must be factored into the budget, then the DRebel is the only one that fits within the limit you stated.
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gc28262
01-18 08:50 AM
Hello,
There is an official way to file a complaint against CBP individuals, see this link: https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI!&p_li=&p_topview=1 (https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI%21&p_li=&p_topview=1)
I request all affected to file the complaints here and request the revocation/reconsideration of their visas (especially if they have been subjected to deportation).
We should have this link in IV wiki.
There is an official way to file a complaint against CBP individuals, see this link: https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI!&p_li=&p_topview=1 (https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI%21&p_li=&p_topview=1)
I request all affected to file the complaints here and request the revocation/reconsideration of their visas (especially if they have been subjected to deportation).
We should have this link in IV wiki.
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ashkam
03-25 08:20 AM
Approved
Receipt Date : Nov 13 2007
Notice Date : March 17 2008
Receipt Date : Nov 13 2007
Notice Date : March 17 2008
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smc
07-03 08:03 PM
I live in the city. Would like to register
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desi3933
03-10 11:34 AM
....does PD porting require that the new GC application have exactly the same job profile as the one for which the original Labor was filed and I-140 approved?
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
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bigboy007
11-23 10:06 AM
how is it determined how long the EAD will be renewed for? If there are no fees associated with filing the renewal, then it probably doesn't matter.
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
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desi485
11-07 03:36 PM
Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
However, having an official AC21 process would be good.
minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.
In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.
However, having an official AC21 process would be good.
minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.
In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.
more...
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tv25
09-16 04:18 PM
This waiver seems to be for Citizens and Green card holders right?
I have applied for 485 is this waiver applicable to me. Any thoughts?
I have applied for 485 is this waiver applicable to me. Any thoughts?
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GC_Waiter_2000
07-12 12:33 PM
BTW, When do we expect the VB for AUG? It is almost 2:00 PM EST :mad:
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desi3933
07-12 04:30 PM
Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....
Incorrect
He is in legal status untill his H1 petition is pending.
If it H1 extension with the same employer, he can continue to work for upto 240 calendar days.
__________________
Not a legal advice.
Incorrect
He is in legal status untill his H1 petition is pending.
If it H1 extension with the same employer, he can continue to work for upto 240 calendar days.
__________________
Not a legal advice.
chandrajp
08-24 10:54 AM
My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?
In my case my wife was on H4. She had to activate EAD to begin working. For that reason she applied for a new SSN.
Based on my limited knowledge, if anybody activate's EAD and begins working on that EAD, they'll lose their H status. Experts need to confirm this.
This is based on my limited knowledge. For expert advice, always consult a qualified attorney
In my case my wife was on H4. She had to activate EAD to begin working. For that reason she applied for a new SSN.
Based on my limited knowledge, if anybody activate's EAD and begins working on that EAD, they'll lose their H status. Experts need to confirm this.
This is based on my limited knowledge. For expert advice, always consult a qualified attorney
lazycis
01-24 04:52 PM
School can't force her to continue on F1 visa. Only thing she need to send school is her copy of pending I-485 receipt and thats it.
Exactly. Let them cancel her F1 status and she will automatically change status to AOS pending.
Exactly. Let them cancel her F1 status and she will automatically change status to AOS pending.
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