Ann Ruben
07-05 09:02 PM
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
I hope this information is helpful,
Ann
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
I hope this information is helpful,
Ann
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sam_hoosier
12-11 02:50 PM
guys,
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
srikondoji
08-14 02:16 PM
When will i read this as
"Special Immigration Relief Measures for non Cubans & non mexicans"
--sri
Congratulations my cuban friends!
You no longer have to wait in this friggin' green card line
http://www.miami.com/mld/miamiherald/15256657.htm
Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
"Special Immigration Relief Measures for non Cubans & non mexicans"
--sri
Congratulations my cuban friends!
You no longer have to wait in this friggin' green card line
http://www.miami.com/mld/miamiherald/15256657.htm
Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
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nagesh75
07-06 04:40 PM
I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
more...
digmetalq
04-23 03:29 AM
Tell your employer that you need a second opinion, consult with a reputed lawyer, and then choose your options.
snelakan
07-04 09:32 PM
My state in four lines
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
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vinabath
03-24 01:56 PM
Now everything is queued..... no more cutting lines.
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cinqsit
12-10 03:12 PM
rubaru,
Congratulations!
Did you open a SR, Infopass or POJ to find out about missing fingerprints ?
Just curious
Thanks
cinqsit
Congratulations!
Did you open a SR, Infopass or POJ to find out about missing fingerprints ?
Just curious
Thanks
cinqsit
more...
priderock
06-30 02:56 PM
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
I feel like repeated my self , but why do you guys blame the messenger ? I would like to know the bad news in advance if possible and be prepared rather than caught by surprise. May be it is just me.
Again those firms/web sites did not call you and inform you, if you don't want to listen things that are depressing (probably truths) , don't read, Send in your application and wait for your lawyer to give you an update.
I understand that every one is on their nerves, but lets keep our calm and appreciate their info. We are all educated and can get all kinds of information (good , bad , depressing) and process it.
May be at the end of the day, nothing bad might happen. May be we get 15 days grace period(For their mixup) for sending our applications. May be they would accept through out July. This is all speculation until official word comes out. Lets all hope for the best.
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
I feel like repeated my self , but why do you guys blame the messenger ? I would like to know the bad news in advance if possible and be prepared rather than caught by surprise. May be it is just me.
Again those firms/web sites did not call you and inform you, if you don't want to listen things that are depressing (probably truths) , don't read, Send in your application and wait for your lawyer to give you an update.
I understand that every one is on their nerves, but lets keep our calm and appreciate their info. We are all educated and can get all kinds of information (good , bad , depressing) and process it.
May be at the end of the day, nothing bad might happen. May be we get 15 days grace period(For their mixup) for sending our applications. May be they would accept through out July. This is all speculation until official word comes out. Lets all hope for the best.
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cnachu2
09-16 02:52 PM
I DONT SEE ANY PROBLEMS, AS LONG AS YOU KEEP YOUR AP, LETTER FROM YOUR EMPLOYER AND LAST 3 PAY STUBS AND COPY OF I485,EAD,AC21 COPY IF YOU HAVE ONE
Hi,
I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
Hi,
I am also planning to travel on AP to India. I changed my employer, but didn't file AC21. AP's are still from the time when i was working for my old employer who sponsored me. Will it be any issue, if i travel with these AP's. What type of letter do i need to take from present employer durimg my travel. Please advise...
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DarkChild
03-07 02:29 AM
I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...
not that it matters but you weren't the first one, first was paddy, then me, then you and then fern
but i voted mlke, liked the colorwork, only thing i didn't like that much was the incoherency (the split up of the menu: titles above header, content below)
not that it matters but you weren't the first one, first was paddy, then me, then you and then fern
but i voted mlke, liked the colorwork, only thing i didn't like that much was the incoherency (the split up of the menu: titles above header, content below)
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singhsa3
08-01 11:43 AM
I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.
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rogerdepena
08-01 10:45 PM
Are you generating the receipt numbers yourself ? :D
just using the code to predict the case numbers.
check it your self. just put any number on the "XX" part and go to uscis.
another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
just using the code to predict the case numbers.
check it your self. just put any number on the "XX" part and go to uscis.
another interesting thing i found out, they are approving a lot of ead from those filed on june 30, 2007 but then again they may not be Emplyment based application.
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permfiling
12-09 10:40 PM
My cousin has a offer from a employer in CA who is willing to do H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
more...
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Hey Ram GC
04-08 10:04 AM
Hi,
How many EB3 cases with PD before Dec 01 pending.
My PD is Oct 21st, 01, EB3 (India)
485 Filed in Jun'07, No LUD's since Aug'07
How many EB3 cases with PD before Dec 01 pending.
My PD is Oct 21st, 01, EB3 (India)
485 Filed in Jun'07, No LUD's since Aug'07
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conchshell
07-30 12:04 PM
Paper based filing on July 2nd 2008 (NSC)
Got filing receipt on July 19th 2008
Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?
Got filing receipt on July 19th 2008
Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?
more...
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puntubabu
03-07 10:17 PM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
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goel_ar
04-24 12:36 PM
I am waiting for my wife's notification. Nothing yet.
wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!
wow that was fast for general processing and general quota....i thought they hadnt started issuing receipts for them...congrats!
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Saralayar
06-02 12:25 PM
I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.
I am with the same employer.
Have they asked for 10th and Highschool certificates?. This is the first time I am hearing on a RFE.
I am with the same employer.
Have they asked for 10th and Highschool certificates?. This is the first time I am hearing on a RFE.
vdlrao
01-21 02:16 PM
Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.
Thanks.
Thanks.
GC_newbee
10-29 09:06 PM
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
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