gccovet
05-08 02:31 PM
:confused:
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
Hi, I am not an expert, quoting from things I have read in the past.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
Hi, I am not an expert, quoting from things I have read in the past.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
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anilsal
08-06 12:45 AM
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)
Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)
Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.
guesswho
06-11 03:09 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
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GCBy3000
04-15 06:35 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
more...
LostInGCProcess
08-26 01:20 PM
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
carbon
05-18 05:12 PM
Will we be able to find by the end of 2006 wether CIR bill is passed or not ?
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ItIsNotFunny
06-11 12:45 PM
You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.
I appreciate Pappu's maturity to tackle the issue and his explanation.
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.
I appreciate Pappu's maturity to tackle the issue and his explanation.
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bajrangbali
06-07 01:52 PM
Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..
I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
more...
go2roomshare
02-20 05:30 PM
Can this be used to know how many cases filed in 2000 to 2003 and will it be useful to pridict PD movement??
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jliechty
May 23rd, 2005, 10:00 AM
The second one is good, but I feel that it's too heavily "weighted" on the right side, with nothing to balance things out on the left side. I only wish that the foreground plant was conveniently moved a yard / meter to the left for you. ;)
However, I'll go with the others and vote for the first one being the best. :)
However, I'll go with the others and vote for the first one being the best. :)
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joydiptac
09-30 05:33 PM
AILA Leadership Has Just Posted the Following:
Dear Director Mayorkas:
Last week in a speech you ...
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
What is AILA complaining about?
The fee increase? really??:D
or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.
READ THIS:
We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.
Dear Director Mayorkas:
Last week in a speech you ...
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
What is AILA complaining about?
The fee increase? really??:D
or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.
READ THIS:
We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.
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GCwaitforever
07-14 09:59 AM
If the provision to let people apply for I-485 without current PD passes, that takes away some pain related to waiting. Nobody can predict when EB3 will become current worldwide or country specific.
more...
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Alabaman
07-14 08:26 AM
Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.
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joydiptac
04-22 07:35 PM
well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.
In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.
I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.
In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.
I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
more...
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md2003
08-15 09:40 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
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pappu
02-03 07:39 PM
Congratulations.
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ashres11
10-12 04:16 PM
schedule on 27th October
R.D - 07/02
N.D - 09/26
R.D - 07/02
N.D - 09/26
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mpadapa
03-24 01:31 PM
Excellent Job, Mark.
U'r response was crisp. Thanks to caller Andy for clarifying few things
U'r response was crisp. Thanks to caller Andy for clarifying few things
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maxy
10-16 01:19 PM
sounds good...thanks
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
fran5477
02-19 11:24 AM
I am curious to know on what basis was your case approved? maybe it was USCIS mistake? Like I wrote before we sent my case twice with the bright colored paper and to a supervisor and twice they said it had the incorrect fees (originally) and then that there where no numbers available and to wait to PD to be current.
What I heard is that only if THEY make a mistake the 485 gets approved. Also if the check bounces, other than that I have been there and done that and nothing.
What I heard is that only if THEY make a mistake the 485 gets approved. Also if the check bounces, other than that I have been there and done that and nothing.
satyasaich
01-27 07:02 AM
US needs EB1 and Ph.Ds
Others not contribute as much
Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
What a pity
But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)
Others not contribute as much
Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
What a pity
But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)
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