greenmonster
11-23 10:50 AM
Hi,
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
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ksiddaba
01-30 10:04 AM
Hello:
From Dallas Metroplex (Richardson) TX. Count me in.
Thanks
Kalyan.
PS: Already contributing $20/month.
From Dallas Metroplex (Richardson) TX. Count me in.
Thanks
Kalyan.
PS: Already contributing $20/month.
gc_chahiye
12-18 11:37 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
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ItIsNotFunny
01-06 01:27 PM
Dear fellow IV'ians,
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve .... ID #85N48789NY4311439
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Congratulations! Wish you a GC soon.
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve .... ID #85N48789NY4311439
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Congratulations! Wish you a GC soon.
more...
meridiani.planum
07-11 04:05 AM
In case his I-140 was approved then there are no problems for this scenario right?
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
yes if I-140 is approved it makes a world of difference:
- keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
- he gets a 3 year H1 extension/transfer if his PD is not current.
thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.
newbie2020
06-06 02:26 PM
The Statuatory limitation on the law suits is 3 yrs...if you didn't file it within 3 yrs the court may use its own discretion.
more...
Macaca
07-09 10:02 AM
I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue.
The host then talked to a Congress man (i think it was Tom Tancredo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience".
Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
The pole (like us) is in the country. US will not stop bringining in immigrants by not allowing her to submit her AOS application. By not allowing her to submit her AOS, US is ONLY delaying her GC.
The host then talked to a Congress man (i think it was Tom Tancredo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience".
Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
The pole (like us) is in the country. US will not stop bringining in immigrants by not allowing her to submit her AOS application. By not allowing her to submit her AOS, US is ONLY delaying her GC.
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veni001
06-22 02:44 PM
Make sure your LCA and H1B will be amended with the promotion first....
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
more...
johnggberg
08-10 12:00 PM
go to http://www.uscis.gov/ and click on Press Room top right hand corner, but its not realsed yet
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werc
03-26 04:31 PM
Could you please link the relevant information.It would be nice to know about it.
thx
If you don't have 1 year gap. otherwise you are subjected to.
thx
If you don't have 1 year gap. otherwise you are subjected to.
more...
RNGC
04-26 08:42 AM
Thanks...This is very helpful!....Feeling a lot better now!
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gconmymind
08-13 06:53 PM
Hi
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
A friend of mine, with similar credentials like yours (from what i can get from your post) got his GC thru EB2-NIW. He didn't have to go through lengthy labor process. His lawyer recommended against filing for EB-1. Please contact a lawyer and hope for the best
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
A friend of mine, with similar credentials like yours (from what i can get from your post) got his GC thru EB2-NIW. He didn't have to go through lengthy labor process. His lawyer recommended against filing for EB-1. Please contact a lawyer and hope for the best
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gcformeornot
10-16 07:07 AM
was some issues with employer like A2P or something....
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sledge_hammer
06-29 10:24 AM
^^^^
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whitecollarslave
02-10 02:20 PM
Thanks for the uplifting message. The problems are many. Lets think about the solutions.
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forgerator
02-22 01:55 PM
I am trying to port from EB3-EB2 from the same employer.
Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:
Required: BS+3
MS+1 also accepted
Experience in technologies A,B,C,D
I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.
Required:MS+1
Experience in technologies A,B,C,D
Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?
Any replies are really appreciated.
isthereawayout, you and I are in exactly the same situation.
In my case , back in 2007, I was filed under EB3 for a Software Developer position, even though I had MS + 2yr exp. However the job was such that it required Bachelor + 2yr so it was filed under EB3.
Last year, I got promoted to Senior Software Developer. Employer is filing me under EB2 this time, and will use same experience as the one from EB3 , i.e. MS + 2 yr exp. However this time the job is such that it requires Bachelor + 5 yr.
The only difference I believe is the Job description of the posting itself. In that, they have requested experience in technologies which are different from the ones listed in my EB3 job description.
Hope that answers your question.
Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:
Required: BS+3
MS+1 also accepted
Experience in technologies A,B,C,D
I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.
Required:MS+1
Experience in technologies A,B,C,D
Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?
Any replies are really appreciated.
isthereawayout, you and I are in exactly the same situation.
In my case , back in 2007, I was filed under EB3 for a Software Developer position, even though I had MS + 2yr exp. However the job was such that it required Bachelor + 2yr so it was filed under EB3.
Last year, I got promoted to Senior Software Developer. Employer is filing me under EB2 this time, and will use same experience as the one from EB3 , i.e. MS + 2 yr exp. However this time the job is such that it requires Bachelor + 5 yr.
The only difference I believe is the Job description of the posting itself. In that, they have requested experience in technologies which are different from the ones listed in my EB3 job description.
Hope that answers your question.
more...
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madan
01-11 01:17 PM
Can you please help me to get the form .
Can i complete that and send to USCIS?
Thank You...
Can i complete that and send to USCIS?
Thank You...
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uslegals
11-04 12:31 PM
Can somebody please advice reg. this..Thanks!
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rahul2699
05-19 11:32 AM
you need to spend 12 months outside of US to apply -- My understanding is that you have to wait 12 months before applying.
sparky_jones
04-25 05:59 PM
Don't sweat it. I too overlooked this field during my last e-filing in 2008. The date of last arrival field is easy to miss, since it is embedded right under a set of "previous EAD" fields, some of which you would likely leave blank if you don't have too many previous EADs. I simply included this data item on a separate piece of paper with my supporting documentation. I didn't face any delays in my EAD approval...it was approved in a few weeks.
I don't think this is any cause for concern.
I guess USCIS IT department does not have the budget to hire a usability expert to review their e-filing forms. Some of those forms look like "hello world" projects. :)
This is my second renewal, first time did it online it was smooth! This time the online process seemed little different, they were asking for few info at a time and we got to click the continue button...I was just doing fine and was waiting that at some point it would show the complete application for me to review, but I got to the last page and said something like "Submit" or "Finish" and I did ...everything was ok got the confirmation....OOPS, left the date of last arrival blank! Had put the Port of arrival correct, but left the date blank!
How is this going to affect my EAD, anyone had similar experience ? In the confirmation, it had instructions that I will get notice for finger printing appt and other documents to be sent.
Really pissed off! Very bad mood today!
Can't the system check for missing information! Even mom & pop online services check for all information before accepting! Anyways, no excuse for me , I should have been careful!
Anyone who got a RFE for missing to information and how long it took after responding to the RFE, Please share your experiences!
I don't think this is any cause for concern.
I guess USCIS IT department does not have the budget to hire a usability expert to review their e-filing forms. Some of those forms look like "hello world" projects. :)
This is my second renewal, first time did it online it was smooth! This time the online process seemed little different, they were asking for few info at a time and we got to click the continue button...I was just doing fine and was waiting that at some point it would show the complete application for me to review, but I got to the last page and said something like "Submit" or "Finish" and I did ...everything was ok got the confirmation....OOPS, left the date of last arrival blank! Had put the Port of arrival correct, but left the date blank!
How is this going to affect my EAD, anyone had similar experience ? In the confirmation, it had instructions that I will get notice for finger printing appt and other documents to be sent.
Really pissed off! Very bad mood today!
Can't the system check for missing information! Even mom & pop online services check for all information before accepting! Anyways, no excuse for me , I should have been careful!
Anyone who got a RFE for missing to information and how long it took after responding to the RFE, Please share your experiences!
140jibjab
01-11 11:09 AM
Please be adviced If your wife is on H4 you cannot use your EAD.
The day you use ur EAD your wife will be out of Status.
If she becomes out of status, you will not be able to add her to your I485 application when the dates become current.
Thank You...
If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.
The day you use ur EAD your wife will be out of Status.
If she becomes out of status, you will not be able to add her to your I485 application when the dates become current.
Thank You...
If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.
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