Wednesday, June 15, 2011

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    10-21 04:19 PM
    I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
    Possibly the new job will not be 100% aligned with the job desc that was put during the LC.

    Do any one can help me guide what are my options?

    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

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  • chantu
    02-19 06:25 PM
    If you guys are discussing so much..can somebody take pain to answer my simple question?

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  • TamilSelvan
    03-16 12:01 PM
    My wife entered to US with L2 dependent Visa and got SSN# with L2-EAD.Meanwhile we both applied and got H1 by employer A which is valid from OCT 06-SEP 09. Although she has enough experience but her medical condition she never worked and neither has pay-stub/W2. Then both of us never travelled out of US. Meanwhile she went India SEP 08 and stayed 5 months. When I went for vacation I got my H1 stamping and she got H4 stamping at the same time and we are in US. Now she got an offer from employer B and he is willing to do COS H4-H1for her. We checked with Employer A and they haven't revoked her H1b till now.

    Our questions are

    1) Since she doesn't have any paystub/w2, is it possible to do COS?
    2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
    3) How long does it take to complete the COS if done by PP.
    4) How much risk does this case carry/what are the issues she could face?

    Really appreciated your valuable answers

    Thanks in Advance

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  • Charles H. Kuck
    12-16 02:47 PM
    Generally speaking, appeals are rarely approved, and you will likley loose this appeal.

    You can file a new PERM under a new position, and should do so if your position has changed.


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  • Raj Iyer
    09-13 12:45 PM
    No., you do npot qualify for EB-2 Unless you do a 3 years MAsters from India or a 2 yrs Masters from a U.S. intitution.

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  • wandmaker
    10-30 02:33 PM
    Read this -

    What does taking Infopass mean?

    Thank you.


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  • chantu
    02-19 07:19 PM
    I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.

    Thanks vactorboy!

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  • adibhatla
    10-09 04:18 PM

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  • dexter
    12-16 02:45 PM
    Hi Charles,

    Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?

    The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?


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  • sunny1000
    07-11 02:36 AM
    congrats and thanks to those grassroot IV members who came up with this campaign. Hats off to you all!!

    A big Salute to The MAHATMA!


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  • krucie
    03-17 01:41 PM
    My thought was the same as yours in that by attaching my 485 receipt notice, and 140 approval notice when my spouse files for his 140/485, we can just inform USCIS at that time to connect our 485 applications. Based on that, once my spouse gets his green card, I would get mine as well.

    I wasn't sure how it would work out if we waited for his 140 approval to come before we informed USCIS. Since he is from a non-retrogressed country, I was thinking that the safest approach would be to inform them sooner than later. You mentioned that I could file as a derivative once his 140 was approved. But the idea is not to file another 485 application for me. In my opinion that would confuse things further.

    What steps are you taking in your case? I'm assuming that you and your spouse each have only one 485 application, each being independent of the other?

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  • CheckRaise
    10-09 03:15 PM
    I had filed labor in June 2008 and as per the attorney they havent received any update from DOL. I had requested my employer/attorney to atleast send a screenshot of my status and they say cases that old are hard to pull up on DOL website. Is it really that hard with DOL to login and see the status as compared to USCIS? For my comfort I requested them to send me a screenshot and I am getting stiffed even on that! Can you please answer if attorneys can login to DOL and see the status of any PERM applicant? In this age of electronic media a department as big as DOL doesnt even provide updates to applicants/firms to view their statuses?

    Thanks in advance!


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  • gccovet
    06-17 04:07 PM
    What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)


    If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.

    TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.

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  • return_to_india
    03-06 11:47 AM


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  • brij523
    02-17 04:33 PM
    Anyone from GA. Please confirm your participation.


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  • Robert Kumar
    02-25 12:04 PM
    The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

    And not to affect your long term stay in the country, it is better to leave the country immediately.

    One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
    What does this mean.


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  • sweet_jungle
    10-23 01:34 PM
    So is it conditional GC??

    Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
    so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.

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  • hazishak
    07-31 11:26 PM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.

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  • rk3817
    11-29 01:35 PM
    Thanks a lot

    03-25 01:10 PM
    Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.

    Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.

    06-21 09:37 AM
    Hi jazz,
    Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?


    I have not had a very good experience mailing documents to CGI. I would advise against it based on the time crunch we are facing here....
    If you go in person and get it done..that would be most optimal..and worry free.

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