orshoe
03-19 04:39 PM
My labor was filed with job title from the employer as IT Lead (O*Net Code - 11-3021.00, O*Net title - Computer and Information Systems Managers). I am having an opportunity to convert to full-time on EAD (I-140 approved, EAD received 18months back). The new job title is Software Engineer(possible O*Net codes - 15-1032.00/15-1021.00/15-1031.00, possible O*Net title - Computer Software Engineer/Computer Programmer). Is it possible to file AC21 in this scenario. The salary and the job descriptions for both the Labor filing and the new opportunity are similar. I am worried if the title might cause a problem. I have to make a decision very soon. Please help.
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trexx7
07-27 11:09 AM
Since Company A is for future Emp and I never worked for it. Can I still use AC21 and join Company B. Thanks once again
saimrathi
07-03 12:00 PM
I have sent in my I-140 + 485.. SO i hope that they accept the 140s atleast... I hope they dont outright refuse the boxes... Atleast I haven't seen anythin about refusal on UPS website yet ..
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javadeveloper
07-21 08:13 PM
Hi
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
Applying for I-485 is not a problem.Problem is only if your your wife gets caught for not having paystubs(that means not maintaining legal status).If your wife having a valid visa stamping , she can travel outside US(may be india) and re enter into US which clears her previous illegal status.Let us know if you find more info.
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
Applying for I-485 is not a problem.Problem is only if your your wife gets caught for not having paystubs(that means not maintaining legal status).If your wife having a valid visa stamping , she can travel outside US(may be india) and re enter into US which clears her previous illegal status.Let us know if you find more info.
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snathan
05-31 12:52 PM
Can I send my daughter to India for an year without having reentry permit?(she has greencard) (or) what is the maximum period children can stay out of US after getting greencard?
Max. 180 days...She needs to be in the US for min. of 180 days per year to maintain the LPR.
Max. 180 days...She needs to be in the US for min. of 180 days per year to maintain the LPR.
Ann Ruben
06-25 04:28 PM
In the US, attorney ethics rules vary somewhat from state to state. In most states, you are clearly entitled to all substantive materials contained in your case file. Unless the retainer/fee agreement clearly obligates you to pay for copying costs in this circumstance, the law firm should give you the documents you want without charge.
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ski_dude12
01-23 08:08 PM
As mentioned in the processing times page, in July and August of 2007, nearly 2.5 million applications and petitions of all types were received by USCIS.
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radhagd
04-11 02:23 PM
Hi,
I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.
My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?
yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.
Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?
According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!
radhagd
I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.
My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?
yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.
Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?
According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!
radhagd
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ss1026
11-06 09:34 AM
I would appreciate if someone could share their personal experiences/thoughts
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frostrated
02-09 10:29 AM
yes, your employer can file for a new H1B, but you will have to leave the country and get a visa to work on the H1B. An easier process would be for your new employer to take over the sponsorship of your GC by using AC-21.
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vinoddas
02-11 11:13 AM
Hi,
I got married in 2008, but my wife came with me to the US in Dec 2009. I got married while my I485 was pending due to priority date backlog. I understand that I can add her to my I485 application when my priority dates are current (Jan 17 06). My questions are:
1. How many days do I have to file after my priority dates are current (in case I do get my green card in the interim)?
2. She being a non-Australian born Australian citizen can legally work in this country on a special E3 visa. But I am not sure whether she can be added on my green card application while working on the E3 visa? If thats not possible, the only 2 ways she can work and be added o GC is to apply for H1b (probably not available till October '10) or wait till my priority date is current, file for I485 and EAD and wait for that?
Thanks a lot in advance for any help regarding this.
-Vinod
I got married in 2008, but my wife came with me to the US in Dec 2009. I got married while my I485 was pending due to priority date backlog. I understand that I can add her to my I485 application when my priority dates are current (Jan 17 06). My questions are:
1. How many days do I have to file after my priority dates are current (in case I do get my green card in the interim)?
2. She being a non-Australian born Australian citizen can legally work in this country on a special E3 visa. But I am not sure whether she can be added on my green card application while working on the E3 visa? If thats not possible, the only 2 ways she can work and be added o GC is to apply for H1b (probably not available till October '10) or wait till my priority date is current, file for I485 and EAD and wait for that?
Thanks a lot in advance for any help regarding this.
-Vinod
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roseball
04-22 02:04 PM
Dear all:
May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
ISO is the one which updates the SEVIS database. Since you claim its their mistake, you should approach them for advise on this as well. I have heard that voluntary work (no pay) in your field of study can help you to maintain your status and not count days towards the 90 day unemployment rule. If true, you can pursue that option as well till your job starts on Sep 1.
May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
ISO is the one which updates the SEVIS database. Since you claim its their mistake, you should approach them for advise on this as well. I have heard that voluntary work (no pay) in your field of study can help you to maintain your status and not count days towards the 90 day unemployment rule. If true, you can pursue that option as well till your job starts on Sep 1.
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jayleno
03-13 11:34 AM
See this link: www.fullerton.edu/International/forms/OPT_Changes052008JH.pps
Look for:
Automatic extension of F-1 status will not apply if not employed within the 90-day limit
I think there is a rule, heard from a student who was advised by the International Student Advisor. They should be the most reliable source of this information.
HI ,
My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.
Can any one please clarify.
Thank you for your time
Look for:
Automatic extension of F-1 status will not apply if not employed within the 90-day limit
I think there is a rule, heard from a student who was advised by the International Student Advisor. They should be the most reliable source of this information.
HI ,
My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.
Can any one please clarify.
Thank you for your time
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gawadejyoti
03-30 11:01 PM
I have a same problem..
I have L1-B visa . my visa and i-94 are expiring on aug-09.
did you get the solution ..if yes..could you email me on gawadejyoti@rediffmail.com
I have L1-B visa . my visa and i-94 are expiring on aug-09.
did you get the solution ..if yes..could you email me on gawadejyoti@rediffmail.com
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kumar1
01-29 10:58 AM
You can do it.
Work full time for primary H1-B employer and part time on anyone on EAD. I am doing it right now.
Work full time for primary H1-B employer and part time on anyone on EAD. I am doing it right now.
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reddysms
09-24 12:45 PM
I am not sure if this discussion may be opened by someone already. I could'nt find it and hence I am opening a new one.
I know its not required to have SSN for starting the job from 10/01/2007. I am eager to know if we can apply for SSN before this date or do we need to wait until Oct 1st. Thanks
I know its not required to have SSN for starting the job from 10/01/2007. I am eager to know if we can apply for SSN before this date or do we need to wait until Oct 1st. Thanks
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kakatheeyudu
02-09 03:42 PM
Thanks for the info Kaushik. Is the same rule applies for EB2 with Masters?
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kothari_rupesh
07-07 04:12 PM
Thanks, since I applied June 12th, and expecting it before August 3rd, looks like it is going to be a problem...!!
I applied on April 7th and got on June 8th.
Send documents to Nebraska Center.
Hope it helps.
I applied on April 7th and got on June 8th.
Send documents to Nebraska Center.
Hope it helps.
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gc_chahiye
01-26 04:03 PM
My status on I-140 changed to "Request for Additional Evidence". Notice was sent only on 25th, so I don't have any more details yet.
Just wondering if anybody has any idea what it could be?
google around for RFEs... the three most common ones are:
- ability to pay -> this is for your employer to prove... if you are from a small company, or have been paid less than prevailing wage or LC wage, this might come up.
- education qualifications -> if your LC said the job requires 4 year BE in CS, and you have a 3 year BSc in Mathematics, this might come up
- experience letters -> if your LC said the job requires 5 years of experience, and you have not submitted detailed experience letters for those, you'll get this RFE.
Having said that, dont worry about it until you actually receive the RFE, it could be for a bunch of things, some serious, some completely trivial. If your LC required some minimum experience and you did not submit copies of your experience letter, you may want ot start contacting older employers, otherwise just wait till the RFE actually comes.
Just wondering if anybody has any idea what it could be?
google around for RFEs... the three most common ones are:
- ability to pay -> this is for your employer to prove... if you are from a small company, or have been paid less than prevailing wage or LC wage, this might come up.
- education qualifications -> if your LC said the job requires 4 year BE in CS, and you have a 3 year BSc in Mathematics, this might come up
- experience letters -> if your LC said the job requires 5 years of experience, and you have not submitted detailed experience letters for those, you'll get this RFE.
Having said that, dont worry about it until you actually receive the RFE, it could be for a bunch of things, some serious, some completely trivial. If your LC required some minimum experience and you did not submit copies of your experience letter, you may want ot start contacting older employers, otherwise just wait till the RFE actually comes.
ak_2006
04-27 08:54 AM
Thanks for posting...Positve for us.
kisana
06-07 08:04 AM
Gurus , please provide me your input. I am little bit tense. It will help me alot. Also in the Copy the number from alien card what should I put. Since I am on the H1B visa, but I do have EAD also. Any help in this regard is higly appriciable.