miapplicant
10-04 11:29 AM
Applied on July 19 at NSC and still nothing.
I am also July 23rd at NSC. I think we need to start our own thread.
I am also July 23rd at NSC. I think we need to start our own thread.
wallpaper on The Vampire Diaries,
newu77
08-17 04:57 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
ram_nara303
11-17 03:44 PM
Done for VA
Senator Mark R. Warner (D-VA)
Senator Jim Webb (D-VA)
Representative Frank R. Wolf (R-VA 10th)
Senator Mark R. Warner (D-VA)
Senator Jim Webb (D-VA)
Representative Frank R. Wolf (R-VA 10th)
2011 vampire-diaries-history-
lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
more...
nrk
02-04 11:22 AM
Hi Guys,
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
saimrathi
07-13 06:36 AM
Is this posted somewhere? Is there a link?
Just woke up to NPR morning news ... nice coverage on the July bulletin.
Just woke up to NPR morning news ... nice coverage on the July bulletin.
more...
virald
01-21 03:30 PM
Hello
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".
Any suggestions?
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".
Any suggestions?
2010 vampire-diaries-pilot-elena-
lynliu
05-28 11:18 PM
Me, spouse and a friend sent emails to the above Senator and will call them tomorrow.
-------------------------------------------------
Contribute >$400 to IV and signed up 2x20 monthly
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Contribute >$400 to IV and signed up 2x20 monthly
more...
devmaha
02-18 03:27 PM
--------------------------------------------------------------------------------
I will not be able to attend the effort, so i just donated $50 using Paypal Unique Transaction ID #76X660992B201912K.
I will not be able to attend the effort, so i just donated $50 using Paypal Unique Transaction ID #76X660992B201912K.
hair Vampire-Diaries
tushbush
05-23 05:55 AM
Sent to 11 (one is common).
Cheers
Cheers
more...
venkybr
09-24 11:18 AM
Anybody whose 485 transferred from NSC to VSC, received FP notice?
hot stefan - The Vampire Diaries
mchundi
05-03 04:04 PM
Only if PD is current!!!
Thanks Knnmbd,
--MC
Thanks Knnmbd,
--MC
more...
house The Vampire Diaries: 162
rsharma
09-24 08:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
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mariner5555
05-01 02:51 PM
Didn't Logfren ask that question to USCIS during last July?
no idea actually ..did she get a reply ? ..yes. I remember something like this was posted ..does anyone have the figures ? last year EB3 - I got 19,000 ..visas ..that is correct, right ?
no idea actually ..did she get a reply ? ..yes. I remember something like this was posted ..does anyone have the figures ? last year EB3 - I got 19,000 ..visas ..that is correct, right ?
more...
pictures New Vampire Diaries Portraits:
asdqwe2k
06-27 02:58 PM
How long are you supposed to be with employer after getting GC?
Minimum of 6 Months..
Minimum of 6 Months..
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arihant
05-02 11:44 AM
nk2006,
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
more...
makeup vampire-diaries-history-
Madhuri
02-17 07:59 PM
Keep it going guys and gals!
girlfriend The Vampire Diaries
boldm28
05-12 11:39 AM
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
now that eb2 is retrogressed .. eb2 ( not that i have anything against them) are asking everybody including eb3 to contribute , send faxes be Vocal . That is my friend India for you
it is each one for himself .how many people who got their gc visit this forum , may be a hand full others forget about this forum and move on in life
now that eb2 is retrogressed .. eb2 ( not that i have anything against them) are asking everybody including eb3 to contribute , send faxes be Vocal . That is my friend India for you
it is each one for himself .how many people who got their gc visit this forum , may be a hand full others forget about this forum and move on in life
hairstyles The Vampire Diaries 106 Lost
ThinkTwice
07-19 10:36 PM
The man has put his Job, Personal Life, Money, Time and his soul into this effort.
We cannot give him his time but atleast we can reimburse him financially.
That is the least we can do.
We should target to get 50 contributors tomorrow.
TT.
We cannot give him his time but atleast we can reimburse him financially.
That is the least we can do.
We should target to get 50 contributors tomorrow.
TT.
h1bmajdoor
09-30 12:59 PM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
priti8888
10-08 08:34 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
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