redgreen
11-28 05:01 PM
Is AC21 relevant at all for NIW applicants? It can not be as there are no employers filing for such people. However is there anything related to that for such applicants?
Can't they change job or use EAD for whatever job they want to take?
Should the new job be exactly the same type of job?
If an NIW applicant loses job, will that be a problem?
When USCIS is going to know/check on what job the applicant is currently working? Is this going to happen at the I-140 approval stage or I-485 stage or when somebody applies for Citizenship?
Any NIW applicants around here in IV?
Can't they change job or use EAD for whatever job they want to take?
Should the new job be exactly the same type of job?
If an NIW applicant loses job, will that be a problem?
When USCIS is going to know/check on what job the applicant is currently working? Is this going to happen at the I-140 approval stage or I-485 stage or when somebody applies for Citizenship?
Any NIW applicants around here in IV?
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sForever
09-22 04:21 PM
One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
Lisap
09-07 01:14 PM
Anyone????
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reddy2cool
08-26 01:55 PM
Thanks for sharing the info, But seriously do you want to believe this kind of source (friends lawyer close to uscis) not even from infopass or any kind of believable source? How about it if lawyer is having just fun at our expense.
more...
seattleGC
06-15 01:08 AM
In case you haven't noticed, its mostly the Democrats who are opposed to H1b and Republicans who want H1b increases. The article is flawed or biased in that respect.
This story is priceless -- after all the anti-H1B and anti-immigrant rhetoric,
"The California Republican Party has decided no American is qualified to take one of its most crucial positions � state deputy political director � and has hired a Canadian for the job through a coveted H-1B visa."
Read on http://www.thecarpetbaggerreport.com/archives/11129.html
This story is priceless -- after all the anti-H1B and anti-immigrant rhetoric,
"The California Republican Party has decided no American is qualified to take one of its most crucial positions � state deputy political director � and has hired a Canadian for the job through a coveted H-1B visa."
Read on http://www.thecarpetbaggerreport.com/archives/11129.html
hydubadi
07-23 08:34 PM
-Bump^^^^
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hpandey
12-28 10:30 AM
Hi,
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.
Thanks,
Sunil.
Hi Sunil
On 11/27 last month you said that you had received your FP appointment notice and you want to reschedule it . Did you not do it at that time ? Is this the second time you want to reschedule.
The procedure is the same as explained in your first post and yes you can reschedule it one day before it is due ( but I would strongly advise against it if this is the second time you want to reschedule ).
But I guess since your wife is in India you have no choice. Consult your lawyer also in this case so as to keep him in the loop and get his advise also.
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.
Thanks,
Sunil.
Hi Sunil
On 11/27 last month you said that you had received your FP appointment notice and you want to reschedule it . Did you not do it at that time ? Is this the second time you want to reschedule.
The procedure is the same as explained in your first post and yes you can reschedule it one day before it is due ( but I would strongly advise against it if this is the second time you want to reschedule ).
But I guess since your wife is in India you have no choice. Consult your lawyer also in this case so as to keep him in the loop and get his advise also.
2010 2011 curtis stone and lindsay
DallasBlue
07-31 08:15 PM
check out this http://immigrationvoice.org/forum/showthread.php?t=5400
question: can I file without employer letter
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
question: can I file without employer letter
For an employment-based petition, in order to proceed and be valid,
they
need to still INTEND to be employed by the sponsoring employer if and
when
they get their green card. The employer however, does not need to sign
any
forms per se with relation to the adjustment petition. If the alien is
currently working for the sponsoring employer (on H-1B or other) he or
she
can port or transfer employers without penalty or without losing the
green
card process 180 days after they file the I-485 petition. At that
point,
they can change employers and work for whomever they wish (provided
they
have a valid work permit)
more...
nhfirefighter13
June 10th, 2004, 10:18 PM
A few more....
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BhaskarEB
09-13 06:39 PM
I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.
Questions:
Please advice if I qualify for EB2 and if so will there be any issues ?
Please advice if I qualify for EB3 and if so will there be any issues ?
After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.
Questions:
Please advice if I qualify for EB2 and if so will there be any issues ?
Please advice if I qualify for EB3 and if so will there be any issues ?
more...
DallasBlue
07-25 12:08 AM
no labor is position dependent not person dependent. You cannot make it go faster based on earlier 140.
-M
mrdelhiite is correct.
If your company is regularly advertising and they have all the ad's in place as required by PERM , they can file your PERM and you can get your labor approval. If in case your labor is approved before 30th july you would be able to file concurrent 140 & 485 and can retain your PD too.
good luck.
-- disclaimer am not a lawyer please seek professional advice.
-M
mrdelhiite is correct.
If your company is regularly advertising and they have all the ad's in place as required by PERM , they can file your PERM and you can get your labor approval. If in case your labor is approved before 30th july you would be able to file concurrent 140 & 485 and can retain your PD too.
good luck.
-- disclaimer am not a lawyer please seek professional advice.
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CADude
10-02 04:00 PM
If you will use AP then your status is "Immigration Pending". Please contact your Attorney.
I am currently working on H1B and have received my EAD and Advance Parole recently. I am planning to travel next month and want to use
my Advance Parole for this purpose. When I come back (to avoid h1b stamping again in home country). Do I need to use EAD to continue
working in US?
Thanks in advance
I am currently working on H1B and have received my EAD and Advance Parole recently. I am planning to travel next month and want to use
my Advance Parole for this purpose. When I come back (to avoid h1b stamping again in home country). Do I need to use EAD to continue
working in US?
Thanks in advance
more...
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harrydr
05-11 09:59 PM
Wait time for spouse to get a green card as a derivative from you would be apporximately 5 years since you already have your green card now. the best option is to wait for to get your US citizenship and them apply for your spouse and in that case the max. wait time os only 3-6 months. Hoep this helps.
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memyselfandus
04-21 09:09 PM
Was it paper based filing?
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sanjeev
08-08 10:01 AM
My wife filed for her I-140 on 7th July 2006, I asked the lawyer for the receipt on 20th July, Instead I got the I-140 APPROVAL on 29th July. I read it twice to confirm it was the approval notice not the receipt:)
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babu123
04-28 07:21 AM
Do you have any link where the guidelines are?
more...
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mrajatish
01-29 03:25 PM
Nope, none - you are the first one to reply to my thread. This abysmal participation is reflective of our general apathy towards our own pitiable condition.
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mayhemt
09-22 02:15 PM
How many foreigners (in all categories) obtained US lawful permanent residence in 2008?
In 2008, 1,107,126 foreign nationals became lawful permanent residents (LPRs) (also known as green-card holders) according to the Department of Homeland Security's Yearbook of Immigration Statistics 2008. The total number represents a 5.2 percent increase from 2007 (1,052,415) and a 31.6 percent increase from 2000 (841,002).
In 2008, 1,107,126 foreign nationals became lawful permanent residents (LPRs) (also known as green-card holders) according to the Department of Homeland Security's Yearbook of Immigration Statistics 2008. The total number represents a 5.2 percent increase from 2007 (1,052,415) and a 31.6 percent increase from 2000 (841,002).
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scorion
10-01 07:27 PM
Physicaltheraphyforum.com is an awesome place to find this kind of information.
I can answer some of the question but don't have first hand personal experience.
I can answer some of the question but don't have first hand personal experience.
h1techSlave
03-10 12:12 PM
carry police report or some other proof regarding the fire. my papers were stolen and I have always shown them the police report.
karthiknv143
09-28 02:31 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
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