joydiptac
09-30 05:37 PM
I liked the tone and tenor of aila...
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
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cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
Karthikthiru
06-11 01:45 PM
If Bush says anything this concrete - THEN HE WILL. Lot of times it looked very stupid when he said like this but finally it gets done. We should prepare to see what ammendments we can include
Karthik
Karthik
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gsc999
06-26 12:16 PM
Harry Reid will use "CLAY PIGEON" maneuver, a rarely used tool to expedite the passage of the immigration bill. More later when Senate reconvenes @ 2:15 ET
What is Clay Pigeon:
"The tactic gets its name from the target used in skeet shooting, which explodes into bits as it is hit. In the Senate, an amendment is the target, and any one senator can demand that it be divided into separate fragments to be voted on piecemeal.
Under the tentative plan, Reid as early as Friday would launch his target _ an amendment encompassing all 22 proposals _ and shoot it into its component pieces. The Senate would then vote on ending debate on the immigration measure, which would take 60 votes and limit discussion of the bill to 30 more hours. After that interval, all 22 amendments would have to be voted on, with little opportunity for foes to interfere."
http://news.aol.com/elections-blog/2...geon-maneuver/
What is Clay Pigeon:
"The tactic gets its name from the target used in skeet shooting, which explodes into bits as it is hit. In the Senate, an amendment is the target, and any one senator can demand that it be divided into separate fragments to be voted on piecemeal.
Under the tentative plan, Reid as early as Friday would launch his target _ an amendment encompassing all 22 proposals _ and shoot it into its component pieces. The Senate would then vote on ending debate on the immigration measure, which would take 60 votes and limit discussion of the bill to 30 more hours. After that interval, all 22 amendments would have to be voted on, with little opportunity for foes to interfere."
http://news.aol.com/elections-blog/2...geon-maneuver/
more...
pitha
06-11 12:46 PM
somebody please close this thread
pamposh
10-05 08:12 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
Are you serious? what country is he from... just curious... i am EB2 sep 2005, sounds like I should not loose my hope...:cool:
Nothing makes sense.
Thanks
Senthil
Are you serious? what country is he from... just curious... i am EB2 sep 2005, sounds like I should not loose my hope...:cool:
more...
sac-r-ten
03-17 02:28 PM
Its better you get in touch with a good attorney on this personally. why wait for free advices on such an important/life changing decision in life.
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chi_shark
07-07 11:00 AM
as i experienced, almost all attorneys will ask you to file ac21. some attorneys charge as much as $1000 each time you change jobs... its ka-ching for them...
as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...
as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...
as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
more...
coralfl
01-30 04:37 PM
I am in Coral Springs. who else in south florida? Do people meet regularly in SF?
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uma001
02-01 01:31 PM
Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process
more...
mbartosik
11-09 05:42 PM
http://news.bbc.co.uk/1/hi/health/7087846.stm
Actually there were two issues.
1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.
2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.
For comparison with US system
indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).
Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.
I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.
Actually there were two issues.
1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.
2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.
For comparison with US system
indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).
Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.
I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.
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jonty_11
11-21 10:24 AM
I am a bit concerned that the debate has now been confined to H1B increase. I am not against that. but our cause seems to be slowly getting gropped from the tech lobby;s jargon. We may end up only seeing H1B relief in the Lame Duck session
more...
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usirit
11-21 10:52 PM
Unless their is a backdoor... If I decide to switch to my new employer and transfer my GC & H1B, it will be done again as an EB-3... I have 10+ years of experience and an Associate Degree... last year tried to obtain a Bachelor of Science in Business of Information Systems (BSBIS) but my actual employer stop funding so... I had to stop. :mad: New employer's attorney confirmed this.
An EB-2:
> Is a member of the professions holding advanced degrees or their equivalent; or
> Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
An EB-3:
Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.
Meridiani.planum: Thank you for your detailed description.
Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.
Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.
An EB-2:
> Is a member of the professions holding advanced degrees or their equivalent; or
> Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
An EB-3:
Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.
Meridiani.planum: Thank you for your detailed description.
Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.
Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.
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Saralayar
07-09 12:55 PM
Guys,
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
more...
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somegchuh
12-08 03:32 PM
Seriously, is this a prank? If you have a 200k job why would you want to think of IT? IT jobs start paying in that range once you become a director of some kind. Are you ready to take a hit of 80 K because you hate your job?
You need to tell us a little more of your background i.e. education, industry, years of experience, what is the frustrating? May be you are just tired of having a job in the first place?
Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.
My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
2- If I have to go back to school what major will I need to take? Any specific requirements?
3-I have a bachelors but not in engineering- can I go straight for a MS in a computer related field or will I have to do a bachelors in Computers first.
4-How's the current job market and and also if you have any idea/view about future job scenario?
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
6-Also if somebody can give an idea about salaries in computer related fields?
Have a good day guys and thank you in advance for your views.
You need to tell us a little more of your background i.e. education, industry, years of experience, what is the frustrating? May be you are just tired of having a job in the first place?
Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.
My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
2- If I have to go back to school what major will I need to take? Any specific requirements?
3-I have a bachelors but not in engineering- can I go straight for a MS in a computer related field or will I have to do a bachelors in Computers first.
4-How's the current job market and and also if you have any idea/view about future job scenario?
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
6-Also if somebody can give an idea about salaries in computer related fields?
Have a good day guys and thank you in advance for your views.
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gc_check
02-11 12:14 PM
Thanks for the updates. There seems to be something happening at the least. Hopefully some thing works out to get the mess cleared.
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waiting_4_gc
07-20 02:06 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
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meridiani.planum
07-12 08:37 AM
I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?
double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)
double-check with lawyer about the I-140 premium processing. My understanding is that you wont qualify for it since your PD is Feb 2008, and 6th year ends in March 2009. So come march 2009 you are eligible for 1 year h1 extension as your LC would be 365 days old. The current qualifying rule for I-140 premium processing indicates that its only for people who have no other way of getting an H1 extension (meaning LC is <365 days old at the point of expiry of current H1)
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rsirpal
09-23 01:42 PM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
seeking_GC,
Which service center did you apply your wife's AP from ? I have applied for my wife in NSC and she is scheduled to travel overseas in 4 months. I am worried it will not come in time
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
seeking_GC,
Which service center did you apply your wife's AP from ? I have applied for my wife in NSC and she is scheduled to travel overseas in 4 months. I am worried it will not come in time
H1B-GC
02-01 08:30 AM
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Congrats Buddy!!
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Congrats Buddy!!
Munshi75
09-27 05:49 PM
Try in any universities for a job or even in schools .I am sure you will come across an ample of opportunities. Pay may not be attractive nevertheless, will you keep to afloat .
And next option would be (if have your GRE Valid), apply in some small schools for a similar but different program now and take admission in Jan 08. Search for small schools only.
Hope this would help . Try first option , bet u will find soon.
And next option would be (if have your GRE Valid), apply in some small schools for a similar but different program now and take admission in Jan 08. Search for small schools only.
Hope this would help . Try first option , bet u will find soon.
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