crystal
07-11 02:54 PM
Good job Hope someone is close enough to help.
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?
karthik_may
07-18 04:43 PM
Called again to find the same response of Denied.
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
hoosier07
07-25 05:19 PM
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
Thanks for the reply. It says on the document itself that the petitioner should keep the upper portion of the notice and give the lower portion to the worker.
Does anyone know the procedure to get the duplicate and how long it takes?
Some thing really does not sound right here. By law, he is required to give you the approval notice.
Thanks for the reply. It says on the document itself that the petitioner should keep the upper portion of the notice and give the lower portion to the worker.
Does anyone know the procedure to get the duplicate and how long it takes?
more...
senk1s
09-28 03:07 PM
so it looks like TSC is getting help from CSC ....
But nothing about apps being transferred from nsc to csc
But nothing about apps being transferred from nsc to csc
shana04
02-05 08:32 PM
My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
more...
s416504
02-04 03:48 PM
You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
usgc07
02-15 08:35 AM
As you all know, spouse of a greencard holder does not get any visa.
So the option is to see if H1B visa can be obtained.
She has the right qualification and work experience.
Thanks
So the option is to see if H1B visa can be obtained.
She has the right qualification and work experience.
Thanks
more...
jackrabbit
04-11 12:21 PM
You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
j0se
09-15 05:55 AM
david: that is the very one (i called it everything but 'ray of light')
thanks very much!!
i'll go and read and re-read!!
:)
thanks very much!!
i'll go and read and re-read!!
:)
more...
jonty_11
07-05 03:34 PM
"Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations … Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said."
source/link always.....please
source/link always.....please
furiouspride
04-24 09:50 PM
thanks for your help it was hardly worth pressing the keys to let me know the word drr is used by people....yawn
Yeah, thought maybe your 'son' was worth a few keystrokes ;)
Yeah, thought maybe your 'son' was worth a few keystrokes ;)
more...
Desiguy786
04-02 08:55 PM
First of all, whats' the situation?
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
gcobsessed
10-23 02:36 PM
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.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
more...
TO BE OR NO TO BE
10-22 08:33 AM
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
gparr
January 21st, 2004, 08:58 AM
Matt, There were patchy clouds so the shutter speeds were all over the place but never slower than 1/300, which is why the lens was wide open. I was scraping for every ounce of light I could get and I knew the extremes of sunlight on one side of the geese and shadows on the other were going to cause me problems, regardless. I did think about swimming out there and hanging a sheet on the left to reflect, but it was zero degrees and I just wasn't up to it. ;)
I was going to reshoot this morning, with smaller apertures and a higher ISO to retain shutter speeds but, as things go in Illinois in the winter, yesterday was probably the only sunny day we'll get this week, so no warm morning sun to shine on the geese. It's a popular hangout spot for geese, so I'll try the shot again. I'm not all that excited about the shot itself, but it's an excercise in perfecting the miniscule talent I have.
Don't worry, I have enough sense to not touch a 1D unless my pockets are bulging with disposable income because I know that, once I do, I won't sleep until I have one!
Don,
Thanks for the thoughts. I tend to go right to manual. I'll incorporate Av and Tv modes into my shooting to see if I like them and/or can get comfortable with them. Usually, once I go to that side of the dial, I figure I might as well do all of the work. Agreed on the fully automatic side. I've used it a few times to see what it would do, but I just can't get comfortable with allowing a computer to dictate how my image will look, outside of composition. And I doubt I'll ever rely on the automated side of the dial.
Gary
I was going to reshoot this morning, with smaller apertures and a higher ISO to retain shutter speeds but, as things go in Illinois in the winter, yesterday was probably the only sunny day we'll get this week, so no warm morning sun to shine on the geese. It's a popular hangout spot for geese, so I'll try the shot again. I'm not all that excited about the shot itself, but it's an excercise in perfecting the miniscule talent I have.
Don't worry, I have enough sense to not touch a 1D unless my pockets are bulging with disposable income because I know that, once I do, I won't sleep until I have one!
Don,
Thanks for the thoughts. I tend to go right to manual. I'll incorporate Av and Tv modes into my shooting to see if I like them and/or can get comfortable with them. Usually, once I go to that side of the dial, I figure I might as well do all of the work. Agreed on the fully automatic side. I've used it a few times to see what it would do, but I just can't get comfortable with allowing a computer to dictate how my image will look, outside of composition. And I doubt I'll ever rely on the automated side of the dial.
Gary