spicy_guy
10-21 06:42 PM
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!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
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!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
rajeshalex
09-19 02:14 PM
Another thing. Since the ticket starts from India base fare will be in INR and when u buy online the credit card company converts $ into INR. Usually credit card company exchange rate is lower than the ones provided by HDFC and other banks.
Also check for foreign transaction charges imposed by credit card companies..
Also check for foreign transaction charges imposed by credit card companies..
eb3_nepa
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.
Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.
jinger
04-02 08:44 PM
I am not surprised at logiclife's or the poll's reply. IV is an ultra-narrow organization that seeks to satisfy the founders' self-interest only. Don't be surprised if they drop you all like a hot potato once their interests are satisfied.
"Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.
"Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.
more...
binadh
07-11 01:56 PM
I think its a different Gonzalez. E Gonzalez hired another Gonzalez to sign the mail receipt.
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
eb3retro
08-21 05:46 PM
This is great - thank you!
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
all the best jazz..
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
all the best jazz..
more...
Jyothi
01-25 09:57 AM
I support this.. Please draft the letter
ampudhukode
03-24 03:51 PM
Mr. HarryOm,
I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?
Thanks,
ampudhukode
I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?
Thanks,
ampudhukode
I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
more...
mambarg
07-26 12:17 PM
I dont think this ammendment will delay 485 as by the time they take a look at what ammendment is sent, your 485 might be approved :)
:)
:)
cox
May 25th, 2005, 07:00 PM
You also might try a less busy background - the stripes are a little distracting. You could fuzz them with a wider aperture (a 50mm f/1.8 is cheap and good for portraits or when out shooting random subjects). Have you tried converting this one to B&W? Sometimes that's more pleasing with high contrast.
more...
abracadabra
05-30 03:17 PM
yes, put in u'r receipt # here, it usually takes 24 hrs for online status to show up
https://egov.uscis.gov/cris/caseStatusSearch.do
Thanks for the information. Did you mail the EAD and AP packet without the confirmation reciept notice.
https://egov.uscis.gov/cris/caseStatusSearch.do
Thanks for the information. Did you mail the EAD and AP packet without the confirmation reciept notice.
l8A
10-05 10:27 AM
I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
more...
chanduv23
04-26 03:33 PM
My CTO had a fake resume which said he worked at NASA and studied at MIT. When they ran a background check, everything was false. He was fired. He is a US citizen
HawaldarNaik
09-23 07:06 PM
I got a Feather Touch LUD i.e. where u did not get any updates to your case for a long long time (> 360 days)
more...
brb2
08-27 07:50 AM
Yingli
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
Ramba
09-17 06:53 PM
My PD is July 2004,
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.
I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))
?
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.
PLEASE HELP.:confused: :mad:
what does your I-140 approval notice say? Have you showed the I-140 notice to IO at infopass?
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.
I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))
?
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.
PLEASE HELP.:confused: :mad:
what does your I-140 approval notice say? Have you showed the I-140 notice to IO at infopass?
more...
abhishek101
10-22 05:29 PM
let's hope we see something, after 10 years in the GC process I am still 5 years off :( .
perm2gc
08-30 12:54 PM
questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.
thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...
thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...
another_wei
05-01 02:07 PM
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
gconmymind
09-12 06:00 PM
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.
1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
2. AP form has the TSC address. I used USPS.
3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.
1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
2. AP form has the TSC address. I used USPS.
3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.
sajna_sinha20
03-05 05:11 PM
Can someone post a sample letter for removing lawyer from G28 and a notice to represent case himself/herself
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