trump_gc
03-26 01:32 PM
May be its a stupid question? But let me ask anyway:-
Does STEM considers BS + 5 yrs as Advanced degree? I have 140 EB2 approved with BS +9 years of experince, even though EB2 is for advanced degree but I think I may not qualify for STEM since I do not have master,,is this true?
Does STEM considers BS + 5 yrs as Advanced degree? I have 140 EB2 approved with BS +9 years of experince, even though EB2 is for advanced degree but I think I may not qualify for STEM since I do not have master,,is this true?
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Ramba
12-22 07:13 PM
If a person has filed I-485 at least 6 months back and got laid off from job,
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
logiclife
04-15 06:54 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
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DDash
04-05 08:34 AM
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Vysh
11-21 09:55 AM
Sent an email
CCC
07-05 02:19 PM
Hello,
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
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wizpal
02-24 01:01 AM
I am ready to attend the state chapter and local law makers..
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apnair2002
05-14 08:15 PM
I will support IV even i have Gc .GO IV.
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bkarnik
04-20 05:29 PM
I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.
So what does the gurus suggest?
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
So what does the gurus suggest?
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
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atul555
12-15 09:52 PM
Atul555:
Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.
1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!
you still have 4 months time. SO cheer up.
My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!
Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.
Whats your area of work..??Are you into IT...????
Thanks everyone, your input has been very helpful.
I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
Till then based on your inputs I believe I have two recourse.
1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
2> I go on EAD and put my wife on F1 to maitain legal status.
Here are the caveats with each.
With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.
With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.
I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.
BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.
Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.
1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!
you still have 4 months time. SO cheer up.
My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!
Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.
Whats your area of work..??Are you into IT...????
Thanks everyone, your input has been very helpful.
I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
Till then based on your inputs I believe I have two recourse.
1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
2> I go on EAD and put my wife on F1 to maitain legal status.
Here are the caveats with each.
With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.
With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.
I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.
BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.
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srikondoji
01-25 06:53 PM
When decision making people or people at the top talk, then i believe there is a sense of realization about us.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
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nirdlalegcade
02-26 11:52 AM
First of all you have an "If" in your question. So I belive this is for future plan.
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
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meridiani.planum
07-12 08:35 AM
As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
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drona
08-31 12:47 AM
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
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augustus
10-08 07:42 PM
Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
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ilikekilo
06-07 04:16 PM
I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
thanks for sharing ur insight..iam in Chicago, althought not right in downtown, I do agree with the vibrant nature of the city and people in it...cant beat the commute facilities too, downsides, yes, terrible terrible winters, high cost of living...etc..its JUne and it still low 50's..:)
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
thanks for sharing ur insight..iam in Chicago, althought not right in downtown, I do agree with the vibrant nature of the city and people in it...cant beat the commute facilities too, downsides, yes, terrible terrible winters, high cost of living...etc..its JUne and it still low 50's..:)
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fromnaija
07-20 05:30 PM
Assuming that her 485 is not approved by the time they bring the child into the US, she could file AOS for the baby when her PD becomes current again.
NO, the child will not have to file family based and will not have to go out of country to get GC.
her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?
NO, the child will not have to file family based and will not have to go out of country to get GC.
her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?
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pns27
06-28 03:26 PM
Did any one heard of EB3 India 485 Approved after June 26? Looks like EB3 visa numbers for this quarter for India is exhausted! If so then who many will be available in next quarter?
When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?
My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.
Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.
For some one like me who files 485 in June chances of approval in this year is less.:confused:
I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.
Pns27
***********************
Concurrent I-140/I-485: No
PD June 2002-non-RIR
I-140 approved from NSC
I485:--
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Receipt Date: 06/07/07
Notice Date: 06/22/07
FP Noticed Received on:?
When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?
My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.
Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.
For some one like me who files 485 in June chances of approval in this year is less.:confused:
I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.
Pns27
***********************
Concurrent I-140/I-485: No
PD June 2002-non-RIR
I-140 approved from NSC
I485:--
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Receipt Date: 06/07/07
Notice Date: 06/22/07
FP Noticed Received on:?
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Openarms
02-09 05:01 PM
what is NCR Region???
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
smuggymba
10-07 09:59 PM
Always keep a soft copy of the approval notices with you. I have paystubs on ADP so I can pull it online any time. At my previous comp, all my payslips where on the intranet.
USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.
USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.
satyasrd
01-10 01:13 PM
Does anyone know what the text of this bill spells out ? I hope they are talking about allotting GC's to the people waiting in line and not newly graduated folks.
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