PlainSpeak
04-07 12:36 PM
Hi,
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
Descriptions look similar but what you need to check is the SOC code are a close match or not. That is important. Regarding the salary difference taking inflation into account and salary hikes ove the 4 ye4ar speriod you should not have any problem. Check this below link for AC21.
http://immigrationvoice.org/forum/forum14-members-forum/2092141-announcement-uscis-issues-faq-for-clarifying-same-or-similar-classification.html#post2501737
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
Descriptions look similar but what you need to check is the SOC code are a close match or not. That is important. Regarding the salary difference taking inflation into account and salary hikes ove the 4 ye4ar speriod you should not have any problem. Check this below link for AC21.
http://immigrationvoice.org/forum/forum14-members-forum/2092141-announcement-uscis-issues-faq-for-clarifying-same-or-similar-classification.html#post2501737
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smccrea
03-01 06:16 PM
I would return home to Canada. I am not sure of the immigration policies in India :)
Could you point me to chapter and verse from some official DOL or USCIS website?
Thanks.
Could you point me to chapter and verse from some official DOL or USCIS website?
Thanks.
seebi
10-16 03:55 PM
Anybody else from Philly, Harrisburg etc. who are interested in this meeting, kindly PM your contact info. Thanks.
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Stan09
03-24 02:56 AM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
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raysaikat
12-25 04:01 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
immihelp123
03-30 08:55 PM
Hi All,
I have used AC21 to switch employers. I also changed attorney using G28.
Do I need to file G28 for my spouse as well for the new attorney?
Any help will be appreciated.
Thanks
I have used AC21 to switch employers. I also changed attorney using G28.
Do I need to file G28 for my spouse as well for the new attorney?
Any help will be appreciated.
Thanks
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pthoko
07-13 12:04 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
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Buickkadar
05-12 11:36 AM
Thank you Oos. Very useful information.
Thank you so much again.
Regards,
Buickkadar
Thank you so much again.
Regards,
Buickkadar
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stillalone
02-03 02:36 PM
ITU is not operating illegally and it is approved by Bureau for Private Postsecondary Education (BPPE) and Authorized by the Student Exchange and Visitor (SEVP) program of the US Department of Homeland Security.
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mnq1979
12-18 10:33 AM
Hello,
I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.
please help!!
My wife travelled to Pakistan last year when we had a new born baby !!! she first came to USA on h4 visa but when she left her h4 was already expired so when she returned to usa after 3months she used AP and had no problems.....she says the immigration officer didnt even look at her expired h4 and jst stamped the AP without asking any questions....it was a smooth process !!!!! so don't worry and travel !!!!! hope ur dad feels better when he see u !!!!! goood luck !!!!
I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.
please help!!
My wife travelled to Pakistan last year when we had a new born baby !!! she first came to USA on h4 visa but when she left her h4 was already expired so when she returned to usa after 3months she used AP and had no problems.....she says the immigration officer didnt even look at her expired h4 and jst stamped the AP without asking any questions....it was a smooth process !!!!! so don't worry and travel !!!!! hope ur dad feels better when he see u !!!!! goood luck !!!!
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nitrips
04-26 04:41 PM
I was in a similar situation, I took my wife's GC with me when I went to India and she travelled back on GC instead of AP, no issues at the Immigration's.
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edaltsis
08-19 01:44 PM
Have to live at the mercy. My last 2 EAD renewals were very quick, I got them both in 10-15days after I applied.
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microbe
February 17th, 2004, 11:35 PM
i'm no pro, but i think the first is much better then the second. the framing of the image is a bit off, but to me that's what makes the image.
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Ruta
08-18 03:08 PM
Hopefully Nebraska July 2nd filers can start expecting the recipts in next 14 days !!!
And NSC -> TSC transfer dates, god knows how long the wait is
And NSC -> TSC transfer dates, god knows how long the wait is
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hmehta
06-07 06:03 PM
Unfortunately, nobody can predict this.
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smartboy75
11-01 05:13 PM
Hey carbon
You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....
What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....
Hope this helps....All the best
You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....
What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....
Hope this helps....All the best
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dskhabra
04-02 01:12 PM
I did paper filing (TSC) and got EAD in less then 3 weeks. I filed on 3/7 and got it on 3/26. I think you should get it soon.
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martinvisalaw
06-15 11:54 AM
The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
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pappu
08-23 12:04 PM
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Gravitation
08-11 07:46 PM
You should have been changing diapers even without prompting. You job wasn't done at the conception, you know :)
RNGC
02-23 05:00 PM
Yep. I watched it too. Nothing about legal immigrants who came on visas. Gonzales says "We are not going to sacrifice security and quality for production". So, coming from the chief himself...that says it all. What we can derive from that is...the mentality of USCIS seems to be to prolong the process as much as possible thus raking in the moolah for USCIS and at the same time defend their actions by playing the "Quality" and "Security" ball game. Not sure if anybody can change their attitude towards legal immigrants.
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
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