vinodp1978
06-28 01:20 PM
Yeah . In that case will I get an EAD if 485/140 is filed and 140 is pending? My h1 will be expiring on Feb,08. Please advise.
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nk2006
03-04 03:10 PM
..........
You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
.
As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.
You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
.
As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.
aristotle
02-07 12:20 PM
It all depends on the job requirements. MS+0 or BS+5 is considered as EB2. May be you can get a written statement from another well known attorney to help convince yours. Or you can try to use a different attorney if your employer permits.
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
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n_2006
05-14 09:57 AM
I agree with you totally. Being patient is a good way to take this. I have seen this happening at my work place too. But until we get GC we have to learn to handle this. We are 16 desi's in my company and my managers says that many "co-workers" are jealous as it seems that we are taking their jobs
etc.
I hope this CIR passes and I get EAD and I shall try to leave as soon as possible.
Leaving to another company? and keep changing until you get a better company.
etc.
I hope this CIR passes and I get EAD and I shall try to leave as soon as possible.
Leaving to another company? and keep changing until you get a better company.
more...
bobzibub
08-18 04:23 PM
If we have children, I would prefer to have them at home.
sr123
02-07 01:03 PM
I have been through this once. My company(a big one) lawyer said my position does not qualify for EB2. His main concern was salary was not enough. I got promoted to "Senior Software Engineer" and got into the required salary range. My labor and 140 were cleared. So my in my opinion salary range is also significant.
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gk_2000
03-09 03:15 PM
Not to spark a fight or anything, but I would like to congratulate all the EB3I's who became current since Jan.. great going! We are at April 02!
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getgreensoon1
04-21 08:21 AM
Say in clear and simple words -- are online degrees from University of North Dakota, University of Massachusetts, North Eastern University etc. legit ? Yes or No
Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?
It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.
BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.
May your online MBA make you so powerful that you can compete with all the top of the line MBAs.
Your beating around the bush and twisting words just show you have no argument. Didn't your MBA teach you that there is something called logical argument? Or was your degree from the like of TVU ?
It is only YOU who think that online degree does not have recognition . If you are yet to understand the power of Online educatoin you are probably living in stone age.
BTW, I do not have a online degree (though I plan to go for an online MBA) but I am pissed off when I see some so called educated people are so eager to get a GC that they will probably kill others to make their way.
May your online MBA make you so powerful that you can compete with all the top of the line MBAs.
more...
vin13
03-04 01:39 PM
A question to the people who used AC21 and on EAD:
I am on EAD and changed job (six months after the I-485 is submitted). The new employer - a well know tech company - insisted on sending the AC21 letter to USCIS, and I sent it. After sending the letters there were LUD's on I485 applications for me and wife and I assumed the letter reached the files. There was no activity after wards. Recently my wife went out of country and while coming back she went thru the AP parol process. The immigration officer asked her a few questions, one of them is where I am working. She mentioned my current company which made the officer to have a question mark on his face (the file he is looking at has my previous employer name). We were expecting this to happen and my wife quickly explained to him that my application was sponsored by so-and-so company (my previous employer) but later I changed jobs as per AC21. She even had a copy of AC21 rules with her. There was no problem but she was kept in waiting for another 30+ minutes until the immigration officer talked to 2 other officers. She got the impression that most of immigration people there are not really aware of AC21 and this made us think this could be a potential issue for those who used AC21.
Did anyone had any issues like this. We were lucky not having too much of a hassle but was thinking on how to handle these port of entry interviews if someone used AC21.
Thanks to IV for taking this up.
First of all, the letter is not a requirement when you switch jobs. It is a matter of personal preference on whether you want to send the letter. So there may not be any record in your file about the change.
I have travelled using AP. I was not specifically asked this question.
Now, all Immigration officers may not be aware of the AC21 law. It may be good to mention the law and wait for them to verify. From your example, looks like it is good for all the family members to know the AC21 law and maybe carry a document stating the law.
Its a good heads-up for some of us who have switched jobs to carry AC21 document.
I am on EAD and changed job (six months after the I-485 is submitted). The new employer - a well know tech company - insisted on sending the AC21 letter to USCIS, and I sent it. After sending the letters there were LUD's on I485 applications for me and wife and I assumed the letter reached the files. There was no activity after wards. Recently my wife went out of country and while coming back she went thru the AP parol process. The immigration officer asked her a few questions, one of them is where I am working. She mentioned my current company which made the officer to have a question mark on his face (the file he is looking at has my previous employer name). We were expecting this to happen and my wife quickly explained to him that my application was sponsored by so-and-so company (my previous employer) but later I changed jobs as per AC21. She even had a copy of AC21 rules with her. There was no problem but she was kept in waiting for another 30+ minutes until the immigration officer talked to 2 other officers. She got the impression that most of immigration people there are not really aware of AC21 and this made us think this could be a potential issue for those who used AC21.
Did anyone had any issues like this. We were lucky not having too much of a hassle but was thinking on how to handle these port of entry interviews if someone used AC21.
Thanks to IV for taking this up.
First of all, the letter is not a requirement when you switch jobs. It is a matter of personal preference on whether you want to send the letter. So there may not be any record in your file about the change.
I have travelled using AP. I was not specifically asked this question.
Now, all Immigration officers may not be aware of the AC21 law. It may be good to mention the law and wait for them to verify. From your example, looks like it is good for all the family members to know the AC21 law and maybe carry a document stating the law.
Its a good heads-up for some of us who have switched jobs to carry AC21 document.
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Suva
05-10 11:31 AM
Thanks.
If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier
If someone is looking for a Masters just to upgrade to EB2, any accredited program will do. Verify the accreditation (of school and program) using the link which I posted earlier
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h1vegas
06-24 12:00 AM
USCIS people are too loaded with work to start rejecting applications for such trivial matters.
The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""
You have written the most important words, atleast u did not abbreviate!
Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.
So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.
Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.
Thanks Dilip I appreciate it
The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""
You have written the most important words, atleast u did not abbreviate!
Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.
So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.
Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.
Thanks Dilip I appreciate it
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learning01
04-26 07:32 PM
The dogs may bark, but the caravan passes on. Just ignore. Read and be informed; but don't post. Don't mention.
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meridiani.planum
02-15 11:49 AM
Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
they are not capable of doing those jobs. ANyone who has gone through a labor certification has documented, government verifiable/auditable proof of this.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
they are not capable of doing those jobs. ANyone who has gone through a labor certification has documented, government verifiable/auditable proof of this.
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lalithkx
08-13 10:40 PM
My case exactly like yours. Mine expires on Sep 24 th. E-filed on may 28th. FP'ed on June 23rd. Concurrently filed APs got approved long back.
I think Info Pass is the best solution for this. You have only a few days for that. So hang on.
I am planning to take info pass too. But to ask for expedite request, I think 90 days should have passed since application sent.
My Above mentioned EAD is approved today. I got the Card ordered mail from CRIS today at 7 pm...
I think Info Pass is the best solution for this. You have only a few days for that. So hang on.
I am planning to take info pass too. But to ask for expedite request, I think 90 days should have passed since application sent.
My Above mentioned EAD is approved today. I got the Card ordered mail from CRIS today at 7 pm...
more...
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tnite
06-18 12:04 PM
What is your point, Tnite? EAD and AP can filed/issued even if the PD is retrogressed. MY PD was retrogressed after I filed I-485 and EAD and AP were issued?
----------------------------------
Permanent Resident since May 2002
my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.
its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.
----------------------------------
Permanent Resident since May 2002
my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.
its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.
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crazyAbtUS
12-16 10:58 AM
Hello there,
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
I have some desi colleagues and was discussing this issue with them at work..and they had the exact same experience..wow..I am not the only magpie..
But hey is'nt IV the one which is at the receiving end not getting our contributions..
I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+
And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...
My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..
more...
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jonty_11
10-25 01:54 PM
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
one correction PERM started in March 2005 or even 2004 cannot be sure....defintely not 2006
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
one correction PERM started in March 2005 or even 2004 cannot be sure....defintely not 2006
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10-05 10:33 AM
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thamizhan
07-19 09:49 AM
Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline
villamonte6100
04-11 11:31 AM
But then why do you care to monitor this thread so often? I guess there are hundred other threads that talk about immigration.
Why don't you setup "Just an Indian" forum so other nationals don't need to participate anymore.
Why don't you setup "Just an Indian" forum so other nationals don't need to participate anymore.
lola
07-10 10:35 PM
Greetings! I have been watching the flower campaign after I got the email last night in IV news letter. While We are extremely happy getting the media coverage we needed, we are ignoring one thing. There is one more important issue that we are missing here. USINPAC is rapidly claiming that they are behind this whole thing. This is more than plaigarism. some of you might say that this is not some thing as we should be considered about media attention as our primary issue amidst of this whole thing, but this can come back hurting if USINPAC starts claiming the credit in more sites. If they go beyond the cliff, they will do their own press release to claim credit and it gets more messier at that point. If you look at their press releases, they clearly denied us any credit by refering to the org as Emigration voice. I am positive reporters across the worls know the difference between Immigration and Emigration and whether people from India immigrate to US or emigrate to US. I feel that this is deliberately denying any google search for IV
http://in.news.yahoo.com/070710/48/6hwnn.html
I am going to call them first thing tomorrow morning and explain them to clearly give credit to Immigration Voice (with clear spelling) for the flower campaign. Other wise, may be we should consider doing a press release on the same. We do not need to get impolite with them and use harsh words. We can convey one single message like we did today with the flower campaign. Hopefully some one like logiclife/pappu can come up with one consistent message to be delivered when we call USINPAC
http://in.news.yahoo.com/070710/48/6hwnn.html
I am going to call them first thing tomorrow morning and explain them to clearly give credit to Immigration Voice (with clear spelling) for the flower campaign. Other wise, may be we should consider doing a press release on the same. We do not need to get impolite with them and use harsh words. We can convey one single message like we did today with the flower campaign. Hopefully some one like logiclife/pappu can come up with one consistent message to be delivered when we call USINPAC
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