abandookwala63
03-19 01:16 PM
I am working for company A for the past 8 years. they are closing down. I have got EAD and another job offer in the same category. My lawyer told me to transfer the H1 on the new employee. I told him about 6 years cap.(In case something goes wrong with my AOS i cannot stay as my 6 years on H1 are over). He told me that still i can have my 1 year extensions, does not matter even my 6 years are over. On IV people are discussing that once your 6 years cap is over and AOS is denied you cannot get extensions. Can somebody please clear up my situation. Thanks
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naushit
01-09 02:58 PM
Guys Here are my ideas for actions.
Our community is facing basically two types of problems
1) Visa number shortage.
2) USCIS Administrative problems.
Visa Number shortage is not fixable without proper law change.
While USCIS Administrative problems are easier to handle.
I would suggest, after new homeland security secretary (Janet Napolitano) takes office on Jan 20 2009, We should simply take 30 minute appointment.
Sit down with her....and explain her along with "Power point" presentation.
We are highly skilled professionals, so lets tackle these issue very professional way.
We should explain her about following things
- Out of order case processing ( this will fix about 40% of our problems)
Since our case becomes very very predictible.. one can sleep at night without checking their emails from CRIS.
- Timely publication of numbers.
- Proper publication of backlog numbers with details for each category.
- Open communication with IV community just like Ombudsman take calls from public.
- Please add your idea here
Thanks!
Naushit.
Our community is facing basically two types of problems
1) Visa number shortage.
2) USCIS Administrative problems.
Visa Number shortage is not fixable without proper law change.
While USCIS Administrative problems are easier to handle.
I would suggest, after new homeland security secretary (Janet Napolitano) takes office on Jan 20 2009, We should simply take 30 minute appointment.
Sit down with her....and explain her along with "Power point" presentation.
We are highly skilled professionals, so lets tackle these issue very professional way.
We should explain her about following things
- Out of order case processing ( this will fix about 40% of our problems)
Since our case becomes very very predictible.. one can sleep at night without checking their emails from CRIS.
- Timely publication of numbers.
- Proper publication of backlog numbers with details for each category.
- Open communication with IV community just like Ombudsman take calls from public.
- Please add your idea here
Thanks!
Naushit.
dilvahabilyeha
08-09 01:50 PM
As Per my knowledge it is not nessesary that all approved I140's will have a A#.
Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.
Regards.
I don't think so, all the approved 140 Should have A# (alien reg number). Not sure where you attained your knowledge about all 140 will have A#, but couldn't think that's possible because 140 is where your identity is critical and giving a number at that time is more appropiate than the later stages. I'm not an expert on this subject but trying to use my common sense , which is highly relative though it's common ;)
Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.
Regards.
I don't think so, all the approved 140 Should have A# (alien reg number). Not sure where you attained your knowledge about all 140 will have A#, but couldn't think that's possible because 140 is where your identity is critical and giving a number at that time is more appropiate than the later stages. I'm not an expert on this subject but trying to use my common sense , which is highly relative though it's common ;)
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coopheal
04-23 08:17 AM
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
Gave notice for job change - you mean to your current consulting employer right??
If thats the case
1) work with your lawyer on AC21 filing. make sure he has done it before and he know what he would be doing.
2) Its good that you have already talked to your new employer about the GC letter.
3) More than likely your RFE would be related to medical. Thats what the trend is these days. If thats indeed the case get your medical exam stuff.
4) Along with your medical RFE keep the AC21 papers as well.
Check this thread out... http://immigrationvoice.org/forum/showthread.php?t=24601
Its what I did when RFE came.
Hopefully this would be it. Good luck.
PS - This is just a suggestion. Read more and do what you think will be best for you.
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
Gave notice for job change - you mean to your current consulting employer right??
If thats the case
1) work with your lawyer on AC21 filing. make sure he has done it before and he know what he would be doing.
2) Its good that you have already talked to your new employer about the GC letter.
3) More than likely your RFE would be related to medical. Thats what the trend is these days. If thats indeed the case get your medical exam stuff.
4) Along with your medical RFE keep the AC21 papers as well.
Check this thread out... http://immigrationvoice.org/forum/showthread.php?t=24601
Its what I did when RFE came.
Hopefully this would be it. Good luck.
PS - This is just a suggestion. Read more and do what you think will be best for you.
more...
a.j.2048
02-07 01:51 PM
PTs are licensed by the state government. If you are engaged already, you may want to start the licensing process right away because it takes many months and she can get things like transcripts done quicker if she is available locally.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
giddu
06-27 12:21 PM
June 18, 2007, ( Premium Processing)
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mvsreddy
11-06 05:15 PM
Me too in same boat. At NSC, RD - 7/30, ND - 8/31, PD - 04/2007, EADs rcvd by 10/10 and waiting for APs. No LUDs after FP(9/28) on APs or 485s. LUD still shows 9/5 only. Any idea where is Nebraska now in processing APs???
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pcs
07-17 03:52 PM
...
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gcwait2007
12-22 09:14 AM
Once again Thanks, Bestin.
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
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reddog
03-27 10:45 AM
Need advise - bumping this up...
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
Always used fedex and used this address
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
Always used fedex and used this address
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
PresidentO
02-07 01:21 PM
Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.
That schedule A category is long gone and PT's from every where are now just EB-3.
That schedule A category is long gone and PT's from every where are now just EB-3.
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chanduv23
08-03 11:10 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
more...
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nixstor
07-17 10:45 AM
Most users ever online was 5,233, Yesterday at 04:20 PM
Threads: 5,709, Posts: 114,871, Members: 20,081, Active Members: 13,220
From immigration.com
Most users ever online was 2,117, 16th September 2005 at 02:58 PM.
Threads: 239,836, Posts: 1,626,529, Members: 162,149
Most users ever online is increasing every day and IV is becoming a better source of information. Its just unfortunate that people fail to recognize the importance of contributions for this effort.
Threads: 5,709, Posts: 114,871, Members: 20,081, Active Members: 13,220
From immigration.com
Most users ever online was 2,117, 16th September 2005 at 02:58 PM.
Threads: 239,836, Posts: 1,626,529, Members: 162,149
Most users ever online is increasing every day and IV is becoming a better source of information. Its just unfortunate that people fail to recognize the importance of contributions for this effort.
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atlgc
06-02 07:47 AM
hello satyachowdary
thank you and hope this is my last question
my original 485 filed @NSC ,is there email for NSC or should i send to TSC only?
please advise
thanks
thank you and hope this is my last question
my original 485 filed @NSC ,is there email for NSC or should i send to TSC only?
please advise
thanks
more...
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roseball
02-18 03:25 PM
Thanks, Elaine!
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.
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GCard_Dream
12-01 11:13 AM
I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.
more...
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gsc999
09-14 12:13 PM
How would we know the tune ? Ya got to sing and put that in you tube .
That is where we need your help
That is where we need your help
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MCQ
08-07 05:28 PM
I should have added - I'm STILL employed by them - that's how smart and forward looking they are - been bought over twice, but same management is still in charge of my division and same attitude still prevails
McQ
McQ
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texcan
02-16 11:11 AM
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
bbenhill
12-02 08:33 PM
Your stay status will be Parolee but your work status will be H1 so YES, you will be fine even if you used AP for re-entry.
PS : I am not a lawyer but I entered using AP and have H1 as my working permit.
Even if I used AP for re-entry to US?
PS : I am not a lawyer but I entered using AP and have H1 as my working permit.
Even if I used AP for re-entry to US?
itsmesabby
10-13 10:04 AM
I filled the renewal with the same employer as well. The documentation requested at the counsalate depends upon the officer. He/She may or may not ask for any documents.
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