PlainSpeak
02-16 03:13 PM
Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
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BECsufferer
08-20 07:10 PM
Unfortunatly none so-far. The only thing I got in email is " your case is yet to be reviewed by an officer"
Mount Soche
12-18 06:21 PM
Summons to serve on the jury are sent to anyone with a driver's license so non-US citizens should not be surprised to get them.
As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.
As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.
2011 Taylor Swift#39;s third album
lotsofspace
01-24 02:30 PM
Maybe your lawyer should jump into the well or go back to school ;)
She is probably already going to school (a paralegal) :)
She is probably already going to school (a paralegal) :)
more...
eborbust
07-01 09:19 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
vjkypally
08-07 11:55 AM
Can we remove this now tht we have had our laughs:) this way we know when the real one comes out:)))
more...
imv116
03-02 02:13 PM
Yes, just as InTheMoment has said H1 option does exist, but chances are more with EAD.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
2010 Taylor Swift#39;s new song about
ca_immigrant
01-16 07:57 PM
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
more...
zuhail
05-28 10:33 AM
All Employment-Based I-485 Inventory pending at the Service Centers as of March 08,2010.
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
From Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com)
1. USCIS Update on Pending Employment-Based I-485s
�MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.
�MurthyDotCom
Background on USCIS Charts on EB I-485s
�MurthyDotCom
The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.
�MurthyDotCom
Current USCIS I-485 Charts and Usage of Immigrant Visas
�MurthyDotCom
The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.
�MurthyDotCom
Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.
�MurthyDotCom
The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.
�MurthyDotCom
EB2 Analysis and Backlogs for India and China
�MurthyDotCom
In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.
�MurthyDotCom
This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.
�MurthyDotCom
When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.
�MurthyDotCom
Thousands of LC Filings in March 2005
The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.
�MurthyDotCom
EB3 Analysis and Maximum Pending EB3s for Indians
�MurthyDotCom
The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.
�MurthyDotCom
There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.
�MurthyDotCom
Conclusion
�MurthyDotCom
These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.
�MurthyDotCom
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
From Murthy Law Firm : U.S. Immigration Law (http://www.murthy.com)
1. USCIS Update on Pending Employment-Based I-485s
�MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.
�MurthyDotCom
Background on USCIS Charts on EB I-485s
�MurthyDotCom
The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.
�MurthyDotCom
Current USCIS I-485 Charts and Usage of Immigrant Visas
�MurthyDotCom
The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.
�MurthyDotCom
Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.
�MurthyDotCom
The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.
�MurthyDotCom
EB2 Analysis and Backlogs for India and China
�MurthyDotCom
In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.
�MurthyDotCom
This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.
�MurthyDotCom
When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.
�MurthyDotCom
Thousands of LC Filings in March 2005
The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.
�MurthyDotCom
EB3 Analysis and Maximum Pending EB3s for Indians
�MurthyDotCom
The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.
�MurthyDotCom
There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.
�MurthyDotCom
Conclusion
�MurthyDotCom
These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.
�MurthyDotCom
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
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anjans
07-09 02:50 PM
I am in a similar situation..pls update the thread on what the latest is..in my case I-140 is not 180 days old..:(
more...
snathan
05-13 11:32 PM
Hi Ruban,
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.
Thanks
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.
Thanks
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sunny26
02-14 05:51 PM
Because u r in Chennai You can contact Belview travels. I always use to book ticket thr them. They give good rates. They accept check or u can transfer to belview ICICI account. Very proffessional. If u need details send PM. I can give u phone number and gmail id so u can chat with them
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leoindiano
09-06 03:27 PM
AmericanDesi,
you hit the nail on its head.
USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.
you hit the nail on its head.
USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.
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go_guy123
05-22 02:37 PM
Thanks for your Reply.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
more...
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saloni
04-17 07:44 PM
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
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tnite
08-18 09:45 AM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
more...
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eb3India
04-09 03:58 PM
Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
No, so don`t worry...nothing will happen.
well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill
atleast this is the only issue where president and democrats come close to agreeing on,
Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue
I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls
No, so don`t worry...nothing will happen.
well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill
atleast this is the only issue where president and democrats come close to agreeing on,
Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue
I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls
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gcwait2007
02-16 11:26 PM
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
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meridiani.planum
11-06 05:01 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
dreamworld
12-18 05:21 PM
:confused:
You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.
You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.
wandmaker
12-05 11:16 PM
I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D
My response is here http://immigrationvoice.org/forum/showpost.php?p=201725&postcount=171
My response is here http://immigrationvoice.org/forum/showpost.php?p=201725&postcount=171
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