Ramba
12-22 07:13 PM
If a person has filed I-485 at least 6 months back and got laid off from job,
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
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ita
01-23 01:26 PM
Thank you very much for all the replies.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?
Thank you.
santb1975
02-13 11:48 PM
This doesn't feel good :o
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Berkeleybee
04-03 04:36 PM
brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.
Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:
The NAS report is available at http://fermat.nap.edu/catalog/11463.html
The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document
"In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."
The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."
The document you have linked to says
In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.
And the document footnote says
Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.
So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"
Seeing as how I and Stuck labor were the ones to put that National Interest Fact sheet together thought I should respond:
The NAS report is available at http://fermat.nap.edu/catalog/11463.html
The document is quoting from page ES-8 of the NAS report -- I'm cutting and pasting from the document
"In Germany, 36% of undergraduates receive their degrees in science and engineering. In China, the
figure is 59%, and in Japan 66%. In the United States, the corresponding figure is 32%."
The NAS document end note says "Based on data from Data are from National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation, Appendix Table 2-33."
The document you have linked to says
In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.27 In South Korea, 38% of all undergraduates receive their degrees in natural science or engineering. In France, the figure is 47%, in China, 50%, and in Singapore 67%. In the United States, the corresponding figure is 15%.
And the document footnote says
Analysis conducted by the Association of American Universities. 2006. National Defense Education and Innovation Initiative. Based on data in National Science Board. 2004. Science and Engineering Indicators 2004 (NSB 04-01). Arlington, VA: National Science Foundation. Appendix Table 2-33. For countries with both short and long degrees, the ratios are calculated with both short and long degrees as the numerator.
So this is pretty odd -- both are based on the same base dataset, and it looks like the second document calculates the % differently. Also not sure why one says "science and engineering" and the other says "natural science and engineering"
more...
gk_2000
01-26 03:25 PM
Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them
TeddyKoochu
05-19 01:59 PM
How and how they can prove he is not going to do any work at the location, the client will not be charged for that?
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
more...
pappu
08-22 04:19 PM
Paskal:
Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.
saravanaraj.sathya
You have not updated your profile with your full information. Please do so asap.
OK we have tons of members from Buffalo. Now it is upto you to contact them. We have several more from Rochester and Syracuse....
Can you take charge of contacting them and making phonecalls? get in touch with NY chapter and volunteer to make phonecalls to all these members:
Mkolken
Bhatya
DEVILLION696
Drajaybhora
Freidyeid
gcny2006
nkumar
brahmam
mach
GCgal
Mdforgc
But first update your profile. ONly then NY chpater will be able to help you.
Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.
saravanaraj.sathya
You have not updated your profile with your full information. Please do so asap.
OK we have tons of members from Buffalo. Now it is upto you to contact them. We have several more from Rochester and Syracuse....
Can you take charge of contacting them and making phonecalls? get in touch with NY chapter and volunteer to make phonecalls to all these members:
Mkolken
Bhatya
DEVILLION696
Drajaybhora
Freidyeid
gcny2006
nkumar
brahmam
mach
GCgal
Mdforgc
But first update your profile. ONly then NY chpater will be able to help you.
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dehradoon
02-10 04:55 PM
Hi all,
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.
Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?
Please advice..I need to make a decision this weekend!!
Thanks
San
Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....
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vine93
08-06 09:19 PM
Please sit together and talk.
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Steve Mitchell
November 8th, 2003, 10:50 PM
To bad this image got corrupted somehow in the server move....a repost of the full image would sure be great.
i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.
This gave the shot a very surreal look.
Don
i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.
This gave the shot a very surreal look.
Don
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gc_peshwa
01-26 07:00 PM
IMHO this is a tremendous start. If at all the lawmakers do get serious about this proposal we need to lobby hard to include MS students and EB community as part of one of the amendments. If President Obama can mention MS students in in speech to the nation I feel he would atleast support it.
The topic of STEM students getting stapled green cards should be relatively less controversial.
The topic of STEM students getting stapled green cards should be relatively less controversial.
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KanME
10-26 10:10 PM
Are you from Mass?
Join us for a state chapter meet on Oct 28th...Burlington Mall 3:00PM...
Join us for a state chapter meet on Oct 28th...Burlington Mall 3:00PM...
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mambarg
07-27 08:14 PM
How about if Company closes down ?
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caforum2
04-06 10:10 PM
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
If you go toImmigration-law update time clearly says 3PM EST and IV postings are around 9.30PM EST ...so what have to be correct? the one which is posted at 3PM or 9.30 PM. You decide. Before asking same question in different place do some homework.
more...
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chi_shark
07-07 11:00 AM
as i experienced, almost all attorneys will ask you to file ac21. some attorneys charge as much as $1000 each time you change jobs... its ka-ching for them...
as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...
as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...
as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
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scorpioduo
10-14 03:42 PM
Hi all,
I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.
I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?
If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?
Thanks for your help in advance!
I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.
I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?
If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?
Thanks for your help in advance!
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hazishak
08-01 11:12 AM
Thanks for your quick reply :)
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06-06 02:44 PM
mine are not on there?
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Administrator2
09-07 01:25 PM
IV Core,
I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)
I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.
Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.
My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?
I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?
Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.
Walking_dude,
If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.
Hope you understand what we are trying to say.
I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)
I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.
Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.
My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?
I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?
Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.
Walking_dude,
If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.
Hope you understand what we are trying to say.
msyedy
03-24 04:05 PM
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.
It depends on the lawyer. Get a good lawyer and find out if he can help you.
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.
It depends on the lawyer. Get a good lawyer and find out if he can help you.
ivvm
03-24 04:20 PM
Mark, This was indeed excellent!
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