sreekanth
10-02 11:36 AM
This article is old (Dt:06-Sep-06) but has correctly predicted about SKILL bill going to lame-duck session.
It would be great if our core members get in touch with the executive editors of Information week (All contact information listed in informationweek.com) and send a document representing our issues. There is a good chance that it gets printed.
Information week magazine has a nationwide audience including CEO's who can push our case for lobbying. They have printed various articles in the past about HIB and Greencard issues.
http://www.informationweek.com/outsourcing/showArticle.jhtml?articleID=192503648
Regards,
Sreekanth
It would be great if our core members get in touch with the executive editors of Information week (All contact information listed in informationweek.com) and send a document representing our issues. There is a good chance that it gets printed.
Information week magazine has a nationwide audience including CEO's who can push our case for lobbying. They have printed various articles in the past about HIB and Greencard issues.
http://www.informationweek.com/outsourcing/showArticle.jhtml?articleID=192503648
Regards,
Sreekanth
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ajay
12-23 08:34 PM
I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.
PlainSpeak
02-16 03:13 PM
Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
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GotGoose?
04-28 10:41 PM
Added another stamp based on my other stamp's gradient theme.
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vparam
02-21 09:42 AM
S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
thomachan72
03-28 03:05 PM
Durbin (father of Dream Act) hates us. He loves to grand stand for "children of undocumented" "the down torn, the poor, the under privileged" and thinks we are like spoilt rich kid. This is a good thought, but who will bell the cat? Durbin is totally irrational when it comes to children of legal and undocumented. Not sure that you know this, but just thought of laying the facts as they are..
I understand what you want to convey. However, let us imagine a situation;
1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".
I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.
I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.
I understand what you want to convey. However, let us imagine a situation;
1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".
I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.
I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.
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chanduv23
09-14 04:59 PM
Yes All The Winners - Lets Go To Dc
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meridiani.planum
11-26 01:18 PM
Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
I ran this past my attorney before I moved to EAD and he believed it was possible. He was not sure if the H1 approval will come with attached I-94 or if I would need to leave the US and return to activate teh H1. However what is certain is that the H1 approval will come through, as I would meet all the requirements. On what basis can they deny the H1?
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
I ran this past my attorney before I moved to EAD and he believed it was possible. He was not sure if the H1 approval will come with attached I-94 or if I would need to leave the US and return to activate teh H1. However what is certain is that the H1 approval will come through, as I would meet all the requirements. On what basis can they deny the H1?
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gc_chahiye
08-29 05:10 AM
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
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Sakthisagar
11-30 03:58 PM
I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.
And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.
Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.
Please talk to your attorney,and decide.
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.
And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.
Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.
Please talk to your attorney,and decide.
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Rinsha
04-03 07:56 PM
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
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gneerajg
07-27 02:03 AM
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
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bharani
08-11 09:51 AM
Eb2 -I
Pd 04/19/2006
Rd 08/13/2007
Nd 10/10/2007
Pd 04/19/2006
Rd 08/13/2007
Nd 10/10/2007
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acecupid
06-15 12:46 PM
Birth certificate from Indian consulate is NOT acceptable as primary evidence. You can however submit it as secondary evidence. Primary evidence has to be the actual birth certificate. If that is not available or there are any differences, you should make 2 affidavits from parents or close relatives which basically confirms your actual name as in passport.
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waitingmygc
04-16 04:08 PM
RareRFEon485,
No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.
Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.
I think its not a difficult RFE to respond. Consult your attorney for formal reply.
No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.
Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.
I think its not a difficult RFE to respond. Consult your attorney for formal reply.
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jamsumfarray
11-16 07:09 AM
Hi
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
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Pagal
12-09 07:55 PM
Hello,
:) Just a clarification around job requirements:
GC is always for a future position, so there is no need for the employer to keep the position (nor to keep it vacant). The employer needs to confirm that the position will be made available to the individual as soon as GC is issued.
If you get the GC and the position is not available, your GC is not in any jeopardy. Once the employer confirms that the position is no longer available, you are free to choose any other job. If you have already waited 4-5 years for GC, the same/similar job requirement also reduces in significance for post GC issued job.
PS: I know a few friends who waited to get their US citizenship and immediately relocated to India! Human mind is strange!! :)
:) Just a clarification around job requirements:
GC is always for a future position, so there is no need for the employer to keep the position (nor to keep it vacant). The employer needs to confirm that the position will be made available to the individual as soon as GC is issued.
If you get the GC and the position is not available, your GC is not in any jeopardy. Once the employer confirms that the position is no longer available, you are free to choose any other job. If you have already waited 4-5 years for GC, the same/similar job requirement also reduces in significance for post GC issued job.
PS: I know a few friends who waited to get their US citizenship and immediately relocated to India! Human mind is strange!! :)
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cooler
08-27 03:16 PM
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.
I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.
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vandanaverdia
09-16 12:20 AM
bump
skynet2500
11-24 04:15 PM
I have quickly checkced with few other folks and they said it is not possible. They could be sent back if they have a retunr ticket more than 180 days.
YesGC_NoGC
02-18 01:25 PM
No 2nd FP
PD - Sept 2002 - EB3-I
PD - Sept 2002 - EB3-I
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