rolrblade
03-18 08:14 AM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
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clockwork
05-10 10:15 AM
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
zCool
04-15 03:08 PM
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
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gc_chahiye
10-29 11:11 PM
Hi,
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
first of all, your EAD and 485 are not impacted by any of these H1 mix-ups from your lawyer. So relax.
You can start working on EAD now and wait for the H1 approval to come through. Whne it does come through, youll need ot leave the US, get a visa stamp and come back in to activate the H1 (if you need H1 status for some reason like you are unmarried and will need to bring spouse on H4).
If you are really paranoid, stop working right now and do the H1 in premium processing. If USCIS grants the extension of status (you get new I-94) continue working on that, you are all set. Otherwise at that point you can start on EAD or leave-get_stamped-return, whatever you want.
To move to EAD you need to file a new I-9 with the employer.
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
first of all, your EAD and 485 are not impacted by any of these H1 mix-ups from your lawyer. So relax.
You can start working on EAD now and wait for the H1 approval to come through. Whne it does come through, youll need ot leave the US, get a visa stamp and come back in to activate the H1 (if you need H1 status for some reason like you are unmarried and will need to bring spouse on H4).
If you are really paranoid, stop working right now and do the H1 in premium processing. If USCIS grants the extension of status (you get new I-94) continue working on that, you are all set. Otherwise at that point you can start on EAD or leave-get_stamped-return, whatever you want.
To move to EAD you need to file a new I-9 with the employer.
more...
tdasara
01-21 01:39 PM
Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
go_gc_way
06-01 04:28 PM
Thanks Admin for looking in to the question.
When I voted, It looked like to me that poll is started by IV, but not.
Though I like the idea of Quickness of a separate bill .. I appreciate how many steps / time / lobbying that would be required for such a step , after having followed the Forum for a long time.
I think , my self , I am not very sticky to such an idea.
When I voted, It looked like to me that poll is started by IV, but not.
Though I like the idea of Quickness of a separate bill .. I appreciate how many steps / time / lobbying that would be required for such a step , after having followed the Forum for a long time.
I think , my self , I am not very sticky to such an idea.
more...
kirupa
03-23 03:33 AM
Hi SandeR2!
Sorry about not having responded more clearly in your thread. Please create a new thread for each entry you want to submit. As long as one thread is associated with one entry, it makes linking to your entry easier for judging and all of that :)
Cheers!
Kirupa
Sorry about not having responded more clearly in your thread. Please create a new thread for each entry you want to submit. As long as one thread is associated with one entry, it makes linking to your entry easier for judging and all of that :)
Cheers!
Kirupa
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ebizash
06-20 01:53 PM
My LC was filed as Database developer. After about 200 days of I-485, I switched job as Manager. I sent the job description to my attorney and they said I could switch as the job in same or similar "SOC Code". They also said that there is no need to let USCIS know about the change as it is optional. If USCIS issues a RFE, we will respond appropriately.
The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)
P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.
PM me if you have any question....
The only thing I ensured and you should ensure too is to keep all paperwork in a safe and readily accessible place. You should keep pay stubs from old company as well as new one, job description and offer letter from both employers, and a document detailing circumstances of your job change (such as you changed job because you were afraid that due to market conditions, the company may go out of business or your dept may get outsourced etc etc...)
P.S. - The attorney is a very renowned attorney and my old and current employers both are Fortune 50 companies.
PM me if you have any question....
more...
prem_goel
08-05 05:15 PM
that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"
Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.
Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.
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edaltsis
11-12 10:26 AM
One of my friends got his H1 Transferred w/o pay stub. It depends on the lawyer, some can manage to get this done and it also depends on USCIS officer who deals your case. Try to hire a good lawyer and they should be able to help you out.
more...
stucklabor
07-14 10:50 AM
Pappu is right. At this point, no one knows when the SKIL bill will be debated, or if support for it is strong enough that it can even be brought to the floor.
The core team has said this N times and let me say it for the N+1th time. We DON'T HAVE any timelines. All we can do is try to influence but we are a small part of the puzzle. The House and Senate leadership decide what they want to do, based on the larger picture.
We are 5000 members, only 1000 contributing. Is it any wonder that things are at such a pass?
BTW, Pappu, your link didn't work for me.
The core team has said this N times and let me say it for the N+1th time. We DON'T HAVE any timelines. All we can do is try to influence but we are a small part of the puzzle. The House and Senate leadership decide what they want to do, based on the larger picture.
We are 5000 members, only 1000 contributing. Is it any wonder that things are at such a pass?
BTW, Pappu, your link didn't work for me.
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ChainReaction
04-18 07:09 AM
www.immigration-law.com
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
more...
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akred
06-08 12:10 AM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
I'm sure that is not addressed in this letter because from their POV there is no abuse.
The Senators are convieniently overlooking the fact that they need to get deadbeat departments like the DOL and USCIS to shape up. And where is their concern for the American worker when they make these departments process massive loads of illegals without providing additional funding?
I'm sure that is not addressed in this letter because from their POV there is no abuse.
The Senators are convieniently overlooking the fact that they need to get deadbeat departments like the DOL and USCIS to shape up. And where is their concern for the American worker when they make these departments process massive loads of illegals without providing additional funding?
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gcdreamer05
11-10 03:59 PM
Well things are really tough out here (US), even volunteering is not allowed ...... :confused:
Again thanks to all the guys who posted , 50% say its ok to volunteer, 50% say it is not ok as we are displacing an american worker's job.
It makes it more confusing.
Let me ask one more question here, is it ok to volunteer on h4 visa for a non-profit organization like hospital.......
But man, this is really so bad for folks on H4 visa, what fault is theirs that they cannot even try to bring out their skills and work in this land of opportunity (for no salary).
Again thanks to all the guys who posted , 50% say its ok to volunteer, 50% say it is not ok as we are displacing an american worker's job.
It makes it more confusing.
Let me ask one more question here, is it ok to volunteer on h4 visa for a non-profit organization like hospital.......
But man, this is really so bad for folks on H4 visa, what fault is theirs that they cannot even try to bring out their skills and work in this land of opportunity (for no salary).
more...
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desidas
01-22 12:55 AM
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Marphad
01-12 12:21 PM
I concur with you, Marphad.
Its illegal to mail passport cross border.
My bad! You are right.
Its illegal to mail passport cross border.
My bad! You are right.
more...
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vejella
02-09 12:19 PM
Sueing immigration system could be our fall back resort if there are no reasonable bills passed in the coming days.
Its could not get any worse than what it is right now.:)
Its could not get any worse than what it is right now.:)
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insbaby
10-05 08:20 AM
Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.
I am not sarcastic this is the reality,
Hey, in 5 years, all the EB waitings are going to start the family based GCs with their kids. So in 10 years, the Family Queue will be same as EB Queue, so it is better to wait on EB Queue. :)
I am not sarcastic this is the reality,
Hey, in 5 years, all the EB waitings are going to start the family based GCs with their kids. So in 10 years, the Family Queue will be same as EB Queue, so it is better to wait on EB Queue. :)
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snathan
03-30 05:08 PM
Thanks guys for your support. Its not that I didn't want to contribute and I will definetely do it once I get my H1 visa stamped.
Status Update -
Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.
My company has already prepared a letter to show work schedule if I get out of work with current client.
So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?
What do you guys think?
How about your client directly sending the agreement to the cosulate through fax or whatever your client's attorney is saying (breach of contract) get it in writing or print out the email and submit as evidence with other supporting documents.
This is the exact reason we want to work more aggressively for 'Filing for I-485 when PD is not current'. You wouldnt have to be in this mess if you have EAD.
Status Update -
Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.
My company has already prepared a letter to show work schedule if I get out of work with current client.
So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?
What do you guys think?
How about your client directly sending the agreement to the cosulate through fax or whatever your client's attorney is saying (breach of contract) get it in writing or print out the email and submit as evidence with other supporting documents.
This is the exact reason we want to work more aggressively for 'Filing for I-485 when PD is not current'. You wouldnt have to be in this mess if you have EAD.
needhelp!
03-24 12:49 PM
Thank You Mark! That was great.
Also thanks to the caller Andy.
Also thanks to the caller Andy.
rockstart
03-16 12:26 PM
You can use the services of some CPA since you have so many changes in status and deductions to claim plus filing of ITIN for your wife. When I changed status from F1- H1 I used the CPA since I was not sure if I would be able to do it right. Better to go to an experienced CPA rather than H&R block kind of people. PM me if you want details of the guy I use.
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