sledge_hammer
07-01 12:54 PM
The amended H-1B by itself will not be an issue when it comes to GC.
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My question was more about why for "rajuseattle" there was going to be AC21 since his job location has not changed.
In your case, you have mentioned that you are going to accept more responsibility than that has been stated in PERM, so AC21 is inevitable. As long as you are in the same line of work, I think you should be okay.
Anyone else has inputs for "fuzzy logic"?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
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serg
04-06 11:01 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
krishnam70
11-20 03:44 PM
Hi friends ,
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports :)
good luck
kris
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports :)
good luck
kris
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xyzgc
10-13 11:10 PM
how abt dressing up as a mickey? they'll love u for it..;)
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like_watching_paint_dry
08-23 11:04 AM
All that has changed lately. Quite a few people have gotten off easy some years ago but NSC and even other service centers has been enforcing EB2 requirements without mercy these days. A lot of those 3 year degree types are getting I-140 denials, especially those who got greedy and applied in EB2. I've even read about a few cases of denials in EB3 for these people. So dont worry too much about those kinds of people eating our lunch going forward. They will most likely be looking for good deals on their return tickets.
PHANI_TAVVALA
12-02 02:26 PM
FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?
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maddipati1
02-03 02:27 PM
thank you veni, that is very informative and solid reference.
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.
You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc
For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)
looks like under 'advanced degree' category, just having a US Masters or foreign equivalent (4+2) is enough. lot of people are under the impression, its MS+3yrs. but the description in USCIS link states just an advanced degree (higher than baccalaureate) is enough. am i reading this right?
BS+5years is equivalent to having an Advanced degree.
But, I think its BS+5yrs, not BS Equivalent + 5 yrs.
I think it can be, but when the job requirement Bachelor Equivalent+ 5Year then it opens up for a wide range.
You can show BS equivalence by 3 yr degree+1 yr degree or 3yr degree + 2 yr degree.....etc
For additional info Please click here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD) or here (http://www.murthy.com/eb2.html)
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manishcp
09-21 07:00 PM
Thanks for information.
Manish
Manish
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zCool
04-01 02:27 PM
Yes, at the time of adjudication, you will need employment varification letter that shows Permenent Full time job with same or similar duties and reasonable wage difference.
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chmur
09-21 01:46 AM
What is it anyway?
That's what one feels like
That's what one feels like
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Beta_mle
02-20 12:58 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
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smuggymba
04-21 02:07 PM
Central PA
really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)
many things to juggle and prioritize.
really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)
many things to juggle and prioritize.
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FKFish
01-31 11:44 AM
What if my 485 gets approved as soon as my PD becomes current, and before my wife's 485 filed? Will it be fine as along as our married date is before the approval date?
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anil
06-15 10:28 AM
Gurus,
One more confusion, guess I'm confused a lot now:confused:
Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?
Thanks a lot!
One more confusion, guess I'm confused a lot now:confused:
Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?
Thanks a lot!
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nirdlalegcade
02-26 12:37 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
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BPforGC
03-05 03:18 PM
It is easier to predict which stocks go up and which stocks go down on 17th April 2009, than what USCIS does. You will have more probability of guessing powerball winning numbers than that those f***ers at USCIS will do the next month.
Don't waste too much time on this... leave it to KARMA and enjoy your life.
Don't waste too much time on this... leave it to KARMA and enjoy your life.
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morchu
08-01 12:09 AM
There is nothing complicated here.
Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.
You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.
Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).
The other option is she can fall under adjustee status and travel in AP, work in EAD.
Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
(Well...... nobody can have two statuses at the same time anyway).
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.
You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.
Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).
The other option is she can fall under adjustee status and travel in AP, work in EAD.
Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
(Well...... nobody can have two statuses at the same time anyway).
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
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jthomas
06-12 12:49 PM
Your next step would be to copy this and post it in anti-immigration site. Go ahead.... I have seen my suggestion being copied and posted in anti-immigration site.
Thanks for finding this out. Anyway, who in hell would file for a labor certification when companies are laying off. As per the rules companies cannot apply for labor certification for 6 months from last layoff.
Don't try again
J thomas
Thanks for finding this out. Anyway, who in hell would file for a labor certification when companies are laying off. As per the rules companies cannot apply for labor certification for 6 months from last layoff.
Don't try again
J thomas
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Mo-Ti
06-15 02:44 PM
a very/too late appointment, but I just made this for another kidding "project" (with a few stolen things of fester, trying to make it worse) and thought you guys have to see it :x
http://scu.cutegirl.at
http://scu.cutegirl.at
permfiling
01-19 09:59 AM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
raysaikat
04-22 01:41 PM
I think i understand:) Thank you.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
Talk to the immigration attorney your company is using. You (guys) do need a home residency requirement waiver to be eligible to work on H1-B. IIRC, the waiver has to come from both your home country as well as US. Anyway, I am not well conversant on J visas.
There is an annual 65,000 visa limit for H1-B visas. There is an additional 20,000 visas for M.S. degree holders in STEM (Science, Technology, Engineering and Mathematics) disciplines from US universities. Non-profit organizations and US universities are exempt from the quota limit.
The application time window for H1-B that takes effect on Oct 1, 2010 opens on April 1, 2010 (i.e., H1-B VISA starts from the start of the fiscal year, and application for that opens in the previous April). A few years back all 65,000 VISAs would get exhausted within a couple of days after the window opened (i.e., by April 3-4, all VISAs would be gone). AFAIK, the H1-B quota for 2010 (i.e., for H1-B VISAs that would start from Oct 1, 2010) is not yet exhausted. But it is always a very good idea to do the petition as soon as you can.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
Talk to the immigration attorney your company is using. You (guys) do need a home residency requirement waiver to be eligible to work on H1-B. IIRC, the waiver has to come from both your home country as well as US. Anyway, I am not well conversant on J visas.
There is an annual 65,000 visa limit for H1-B visas. There is an additional 20,000 visas for M.S. degree holders in STEM (Science, Technology, Engineering and Mathematics) disciplines from US universities. Non-profit organizations and US universities are exempt from the quota limit.
The application time window for H1-B that takes effect on Oct 1, 2010 opens on April 1, 2010 (i.e., H1-B VISA starts from the start of the fiscal year, and application for that opens in the previous April). A few years back all 65,000 VISAs would get exhausted within a couple of days after the window opened (i.e., by April 3-4, all VISAs would be gone). AFAIK, the H1-B quota for 2010 (i.e., for H1-B VISAs that would start from Oct 1, 2010) is not yet exhausted. But it is always a very good idea to do the petition as soon as you can.
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