sparklinks
10-17 09:27 AM
I don't think it is true. My lawyer said using AP will not invalidate H1B.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Thanks Buddy !! PM me when you come back plz.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Thanks Buddy !! PM me when you come back plz.
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wata
09-29 02:35 PM
Becareful,
Later on Nebraska Center will have their own Secondary I-485 bulletin.
:D
i've filed my 140 on the thrid week of May and still waiting. NSC is so freakin slow. Just like a backed up traffic which moves at a pace of 1 mile per half hour:eek: :eek: :eek:
Later on Nebraska Center will have their own Secondary I-485 bulletin.
:D
i've filed my 140 on the thrid week of May and still waiting. NSC is so freakin slow. Just like a backed up traffic which moves at a pace of 1 mile per half hour:eek: :eek: :eek:
smisachu
06-20 03:25 PM
Thanks Chandu. IV- Tristate leadership has been great. I hope the other chapters catch up.
You are right. Thanks for the great job in the chapter
You are right. Thanks for the great job in the chapter
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vkannan
08-13 05:24 PM
Count me in. Even though I am in a EB2-India category, I will ensure to render my full support.
more...
vnsriv
03-03 03:05 PM
no its not.
Thanks
Thanks
gc_freedom
04-21 11:14 PM
Ski_dude12, immigration voice portal is for helping people with immigration issues.Everyone is welcome here especially if you can contribute something positive and help others.
more...
munnu77
10-07 12:51 PM
Very sad. I just read it in CNN and came here.
unfortunate
unfortunate
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raydhan
02-28 01:03 PM
Hats off to you guys for your efforts and hard work. You guys are awesome. Good job and keep it up. We are all with you.
I feel honored to be a part of this elite group of intellectuals and like-minded people.
Good luck for your future endeavors.
I feel honored to be a part of this elite group of intellectuals and like-minded people.
Good luck for your future endeavors.
more...
msp1976
10-19 02:38 PM
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
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cdeneo
11-19 06:37 PM
Thanks so much for sharing this information - it is frustrating that one's career advancement can impact negatively one's GC application, especially if one has been waiting for 5+ years. I guess one can only carry on with one's career and hope for the best :).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
more...
dilbert_cal
10-08 11:51 AM
If a person has a copy of 140 approval, can he/she port the PD even
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
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anurakt
10-04 10:13 AM
Hi all,
Thanks for the responses and sorry for Confusions..
I am giving the scenario more clearly..
My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
After mariz surname changed to "Naveena".
When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".
During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
This is better to understand :
I think you have two situations here :
1. When you entered the US , you gave a name as "Prachina" instead of "Naveena" , why did you do this ?
2.INS Made a mistake on the 797 , this you ask them to correct . Also you have so many names in your nake that it's very uncommon. The computers don't have four fields to put your name ..thus your actual last name got replaced.....
Again all said, please refer an attorney in this matter.
Thanks for the responses and sorry for Confusions..
I am giving the scenario more clearly..
My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
After mariz surname changed to "Naveena".
When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".
During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
This is better to understand :
I think you have two situations here :
1. When you entered the US , you gave a name as "Prachina" instead of "Naveena" , why did you do this ?
2.INS Made a mistake on the 797 , this you ask them to correct . Also you have so many names in your nake that it's very uncommon. The computers don't have four fields to put your name ..thus your actual last name got replaced.....
Again all said, please refer an attorney in this matter.
more...
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mirchiseth
06-17 12:19 AM
Update: I got the fingerprinting or ASC notice for both of us. So it seems things are moving.
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qualified_trash
10-09 09:21 AM
We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
thanks dilbert_cal!!
You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.
Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
thanks dilbert_cal!!
more...
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ebizash
07-16 03:51 PM
No I guess it is just the routine processing, may be pre-adjudication. My attorney mentioned getting a few RFE on other cases without any new petition / AC-21.
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dealsnet
03-19 01:32 PM
My wife changed her job after getting H1B transfer receipt. Her previous H1B is not expired or revoked. After one month with new employer, her H1B is denied. We didn't appeal, but immediately filed new H1B with another employer and give paystub of the denied employer with all details. She got her H1B approved with the latest employer. This happened 4 years back.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
I advice you to read murthy.com articles which sometimes point out that USCIS document were not clear
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
I advice you to read murthy.com articles which sometimes point out that USCIS document were not clear
more...
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bottlemani
05-03 08:17 AM
I listen to him frequently. I'd strongly recommend not contacting him. Even if he is pro legal immigration, he is very moody and could say something bad that we don't want to hear. He likes Indians but hates Chinese. He also hates Tabla by the way!
Sean Hannity could be a better option.
Sean Hannity could be a better option.
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JunRN
02-11 05:12 PM
It i svery hard to make predictions because of the possible distortion in the trend due to the new NC>180 day rule.
If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.
If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.
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Dhundhun
01-24 05:57 PM
#1. Schools can have policies. For example, some schools don't allow higher education on H4 Visa.
#2. As AOS pending based on spouse, one can engage in studies (full time or part time). Also, one can do job full time or part time (if EAD is applied for). As far as immegration (USCIS) is concerned, there should not be any problem
#3. I am not sure, whether the school in question allows studies while AOS is pending. I think it does not, so they are asking to take Full Time F1.
Usually people sitting on counter may not know entire detail. You may have to ask senior staff.
I have been is situations, where INS explained me that Schools can have their own policies and that don't dictate it.
#2. As AOS pending based on spouse, one can engage in studies (full time or part time). Also, one can do job full time or part time (if EAD is applied for). As far as immegration (USCIS) is concerned, there should not be any problem
#3. I am not sure, whether the school in question allows studies while AOS is pending. I think it does not, so they are asking to take Full Time F1.
Usually people sitting on counter may not know entire detail. You may have to ask senior staff.
I have been is situations, where INS explained me that Schools can have their own policies and that don't dictate it.
Dhundhun
06-28 04:55 PM
All,
This has been discussed before, but I could not find a definitive answer.
I live in Alabama and my I-485 is pending with Nebraska Service Center. Based on instructions in I-765 form, Alabama falls under Texas Service Center.
My category for I-765 EAD is -- (c) (9).
Now I am filing for my EAD renewal. Where should I send in my paper application -- Nebraska or Texas?
Would you all pl let me know. Last time my EAD was messed up big time, (wrong dates on EAD card), and I want to make sure everything goes normal this time.
Appreciate your reply.
Thanks.
You need to follow instructions. It makes no difference in processing time if your I-485 application is pending in NSC and based on instruction you need to apply in TSC and Vice Versa.
In fact I think, load sharing is going on. I applied I-765 at NSC but case is handled by MSC. Don't be surprized, that you apply at TSC and case being handled by other office.
This has been discussed before, but I could not find a definitive answer.
I live in Alabama and my I-485 is pending with Nebraska Service Center. Based on instructions in I-765 form, Alabama falls under Texas Service Center.
My category for I-765 EAD is -- (c) (9).
Now I am filing for my EAD renewal. Where should I send in my paper application -- Nebraska or Texas?
Would you all pl let me know. Last time my EAD was messed up big time, (wrong dates on EAD card), and I want to make sure everything goes normal this time.
Appreciate your reply.
Thanks.
You need to follow instructions. It makes no difference in processing time if your I-485 application is pending in NSC and based on instruction you need to apply in TSC and Vice Versa.
In fact I think, load sharing is going on. I applied I-765 at NSC but case is handled by MSC. Don't be surprized, that you apply at TSC and case being handled by other office.
nat23
03-23 03:28 PM
based on link -
http://public.cq.com/docs/cqt/news110-000002476084.html
It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.
http://public.cq.com/docs/cqt/news110-000002476084.html
It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.
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