gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
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saravanaraj.sathya
08-22 04:27 PM
Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.
I will call these people in Buffalo to find out if I can motivate them for rally..
Thank you
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.
I will call these people in Buffalo to find out if I can motivate them for rally..
Thank you
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.
bfadlia
03-22 09:51 AM
may be two weeks later than the website indicated, but i got the approval.
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lenbin
07-06 12:17 PM
@ gc wanna be
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
more...
black_logs
04-13 08:47 AM
Guys please send your comments befor it is too late.
http://immigrationvoice.org/forum/showthread.php?t=584
http://immigrationvoice.org/forum/showthread.php?t=584
nayekal
08-18 05:12 PM
Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
more...
kramac01
08-13 06:18 PM
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
How to check the LUDs in USCIS website?
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
How to check the LUDs in USCIS website?
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dngoyal
07-27 05:10 PM
hello rolrblade
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
more...
hebbar77
03-15 02:14 PM
First thing is when u have higher salary , u got nothing to worry.
Next job tittle/description have to be similar in words not only in nature(becos USCIS officers are not tichnical folks, they just match words). Also it has to be in similar job code. This code is in the ETA* form filed during the labor phase by ur current employer.
But you can do AC21 with EAD or H1. H1 is safer than EAD.
Next job tittle/description have to be similar in words not only in nature(becos USCIS officers are not tichnical folks, they just match words). Also it has to be in similar job code. This code is in the ETA* form filed during the labor phase by ur current employer.
But you can do AC21 with EAD or H1. H1 is safer than EAD.
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smileyslimey
11-30 09:47 AM
Thanks, honge_kamyaab.
Your point is well taken.
But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
Appreciate your help.
Regards.
Your point is well taken.
But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
Appreciate your help.
Regards.
more...
marlon2006
06-13 02:49 PM
Hi Renata,
I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.
I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.
Hi camberiu,
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.
I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.
Hi camberiu,
my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!
Renata
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geesee
07-20 09:18 AM
I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?
Search for one word - ImmigrationVoice
Search for one word - ImmigrationVoice
more...
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ilikekilo
06-11 06:14 PM
again u r out of ur mind
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centaur
02-09 11:09 AM
Excellent idea.
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
more...
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Gray_xx
05-28 10:32 AM
whatta ? I see such mess first time in my life
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WillIBLucky
12-22 01:18 PM
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
more...
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kumar1
09-22 11:11 AM
You get this kind of mental state only after spending 8-9 years here! Look at people with PD of 2007....trying to sue USCIS for interfile! It took 7 years for my wife to get EAD. Some of the H4s got EAD in less than 6 months. Am I going to sue USCIS? Hell No!
Life, Liberty and Pursuit of Happiness!
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your “current state of mind”. I hope you get your GC soon.
Life, Liberty and Pursuit of Happiness!
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your “current state of mind”. I hope you get your GC soon.
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Templarian
11-24 10:02 AM
No members have written a tutorial for Flex as of yet. Kirupa has said it a thousand times there has to be valid tutorials for there to be a forum (a simple search would have shown this).
My suggestion write a few well written tutorials on flex specific topics and submit them to Kirupa.
Also Kirupa is a MS developer so its only inherent that he writes what he knows best... I don't think he really even uses Flash very much anymore, except when he wrote that tutorial about some of the new features.
Search Results:
http://www.kirupa.com/forum/showthread.php?t=289365
http://www.kirupa.com/forum/showthread.php?t=276516
My suggestion write a few well written tutorials on flex specific topics and submit them to Kirupa.
Also Kirupa is a MS developer so its only inherent that he writes what he knows best... I don't think he really even uses Flash very much anymore, except when he wrote that tutorial about some of the new features.
Search Results:
http://www.kirupa.com/forum/showthread.php?t=289365
http://www.kirupa.com/forum/showthread.php?t=276516
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kminkeller
03-09 02:49 PM
Completely valid question ivgclive. Yes it has been more than 3 years that I had EAD. Only fear that I have right now is for EAD you need to have a job at all times in case I get an RFE or any kind of notice to prove that I am working on similar job. In this economy you never know what is going to happen. You have a job now and you may not have it later. That is what concerns me a lot coz I have a family here and bought a house and other responsibilities. So I was hoping porting to EB2 was not that long process from Labor, I140 then I485. and that is why I needed to know if I need H1 to apply for Labor on EB2.
BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.
Thanks.
BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.
Thanks.
gc007
11-21 10:14 AM
How do you know AP is approved for multiple entries?
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
If you read the AP it say in the bold letters that " This authorization is valid for multiple applications for parole into the US during the valid period noted above "
Hope this helps.
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
If you read the AP it say in the bold letters that " This authorization is valid for multiple applications for parole into the US during the valid period noted above "
Hope this helps.
HOPE_GC_SOON
01-31 02:24 PM
Gurus:
My friend got into this situation.
He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.
Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.
Did any oone of you experienced this and if so, can you please share your experience..
What are the Dos and Donts for this case.. Appreciate your replies.
Thanks,
:)
My friend got into this situation.
He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.
Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.
Did any oone of you experienced this and if so, can you please share your experience..
What are the Dos and Donts for this case.. Appreciate your replies.
Thanks,
:)
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