gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
wallpaper tribal animal tattoos.
webm
11-07 10:28 AM
No one knows the answer dude..you have to wait until your PD becomes current atleast...
noone2day78
02-15 01:17 PM
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
ohh is this really true? can u specify a source for this ?
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
ohh is this really true? can u specify a source for this ?
2011 Horse Tattoo for Girls
txh1b
04-20 10:50 AM
Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.
more...
usirit
11-21 12:14 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....
I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?
Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....
I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?
Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...
senthil1
05-18 01:14 PM
This is an excellent provision. I support giving exemption for PHds from H1b also. It is not that much easy to get Phd and very less people opt for phd. This should not get any opposition even from anti immigrants.
and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...
and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...
more...
ruchigup
08-22 03:11 PM
Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.
I am kind of reluctant to have Fragomen as my attorney representation
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.
I am kind of reluctant to have Fragomen as my attorney representation
2010 design free tattoo tribal
walking_dude
11-26 11:19 AM
Thanks. Please consider sending the E-mail to your friends as well. We need as many to participate as possible. If not possible to attend due to excruciating circumstances, at the least please consider contributing monetarily to this effort.
I contributed $20 to this cause.
I contributed $20 to this cause.
more...
guygeek007
07-31 11:03 PM
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
hair Tribal Horse Tatoos 2
rjgleason
May 23rd, 2005, 02:41 PM
I like them all Gary, but agree with Chris about the cloning out that bright white rock , or whatever it is, in the first one. Also, unless you've been there before, it's difficult to capture the enormity of those rocks. The footpath catches my eye in the second photo which gives some perspective on where you are positioned. It looks like you are a quite a bit above and working your way down to the path. The 3rd pic looks like a crop? of the upper-center of the 2nd pic? And lastly, can I apply for a job where you work so I can travel too!
QJ: I thought we were going to Exmor??
QJ: I thought we were going to Exmor??
more...
webpromo
03-24 12:37 AM
I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported
hot Free Tribal Tattoo
chanduv23
12-11 10:57 AM
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
more...
house tribal tattoo ideas design
vallabhu
01-02 01:53 PM
I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
tattoo tribal tattoo designs.
sapota
11-15 11:47 AM
Is there any possibility of organizing a statewide charity drive sponsored by IV state chapters during the holiday season. This is the season of giving. Why not organize it through IV state chapters. Proceeds can be donated to charities as suggested by donors. We can target
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
more...
pictures on how to draw tribal wolf
smartboy75
05-01 01:11 PM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
dresses Tattoo Back Tattoo 53 Tribal
InTheMoment
04-09 08:58 PM
I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
more...
makeup Tribal Horse Tattoo - Tips on
texcan
09-10 10:15 AM
Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Friends,
I must say, not all employers exploit people on H1b.
My take is it depends on the business ethics of company owner.
I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.
In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Friends,
I must say, not all employers exploit people on H1b.
My take is it depends on the business ethics of company owner.
I have been with my current employer since last 6 years, no problems. Some of my friends have mentioned great things about their employers as well.
In all with stories heard, it will be good idea to create a rating or forum of such employers. let people vent off some steam and may warn others from getting into issues.
girlfriend Tribal Hand Tattoos
benbear
11-09 09:07 AM
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
That same link you gave tells us that 655k is pending/back-log for AOS....
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
That same link you gave tells us that 655k is pending/back-log for AOS....
hairstyles Simple Horse Tattoo
immitul
07-13 08:48 PM
Your I-485 application could be nearing approval, as your priority date is current, and you are with in the USCIS processing time frame.
kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
days_go_by
08-23 04:52 PM
in EB3, EB2 and EB1
--
140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
Please correct me if I am mistaken.
Regards,
dgb.
--
140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
Please correct me if I am mistaken.
Regards,
dgb.
No comments:
Post a Comment