LostInGCProcess
06-17 04:04 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
wallpaper aztec tattoo designs.
Winner
01-22 07:24 PM
I used Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) to make my small contribution, it took less than 2 minutes, no account creation required, this site accepts paypal too.
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
peer123
04-17 09:35 AM
In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
2011 tattoo designs has lately
RNGC
04-08 09:38 PM
As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
more...
freedom_fighter
01-14 09:26 PM
i used hopeforhaiti.com, they use paypal.
cjagtap
07-17 07:14 PM
donation is a good idea..
more...
ameryki
08-28 10:28 PM
Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
2010 Aztec Tattoo Designs (5 of 49)
ski_dude12
01-31 01:41 PM
Maybe it is because of your priority date :D:D:D.
I have had similar looking bills when I was in PA.
I have had similar looking bills when I was in PA.
more...
sku
09-14 02:43 PM
In spite of opening SR (Service Request) and Info Pass appointment
hair Aztec tattoo design.
help43
09-10 10:56 PM
Thanks for your replies and help
Which consulate i need to go if i want to go for stamping.......
http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/
According to above link they are saying i need to go to india for stamping ........
please advise me on this.........
Which consulate i need to go if i want to go for stamping.......
http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/
According to above link they are saying i need to go to india for stamping ........
please advise me on this.........
more...
raysaikat
03-17 03:53 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.
hot aztec tattoo. aztec tribal
jnraajan
03-27 11:59 AM
No Volunteers yet :mad:
more...
house 1 4 sleeve tattoo ideas waist
chaukas
04-23 12:50 AM
The I-140 processing date for EB2 Nebraska is June 2007. I have a friend with receipt dt on July 30, 2007 in EB2 whose I-140 was approved today. My I-140
was received on July 2 , 2007 and is not approved yet.
was received on July 2 , 2007 and is not approved yet.
tattoo aztec-tattoo-designs-9
atlfp
04-08 03:22 PM
Legal immigration IS all about competitiveness. Why there is an EB based immigration category at all? It's primary because they want to be able retain talent. As such, one of the strong argument for the current EB situation will be that if they do not do it, this country's competitiveness edge will diminish. This is the truth and I think most law maker is able to understand that.
remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.
remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.
more...
pictures Aztec tattoo put on a good
Catherine
11-18 12:34 AM
Thank you flresident, I really appreciate the advice. Unfortunately the group I had been getting some help from had to cut a number of services when their funding was cut a couple months ago. All the other help and advice I've received from those quarters has either led to a dead-end or provided me with exactly the kind of conflicting advice I mentioned. Nonetheless, I do thank you for the idea.
I wonder if there are any other ideas out there? Thanks one and all.
I wonder if there are any other ideas out there? Thanks one and all.
dresses Soto Tattoo Designs Giclee
ras
05-24 12:17 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
more...
makeup aztec-tattoo-designs45
canmt
10-19 02:46 PM
The old lawyer has to notify USCIS that he is pulling out of your case or the new lawyer has to send the new G-28.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
bump
^^^^^^^
What if he/she chose not to let USCIS know about it? Basically, you have no options than to hire a new lawyer to file G-28; otherwise USCIS will continue to send correspondence to the lawyer on file. If you don't file new G-28, the old lawyer can get every information on file from USCIS. Read G-28 for more information.
You are required to send the letter to where your case is filed.
I hope this helps and good luck on your green card chase.
girlfriend Examples aztec tattoo designs.
Krilnon
01-01 04:37 PM
Because the goal of this contest is to have circles move around in clever and interesting ways, you must only use circles. No other shapes or images will be allowed.
What about the gradient in the background of your sample entry?
What about the gradient in the background of your sample entry?
hairstyles tribal sun tattoo designs
glus
04-17 07:57 AM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
starseed
07-21 05:12 PM
Update - and I apologize if this is lengthy, but if any small part of it is helpful to someone else, I won't edit details.
When I got thru to TSC today, I had a really (I mean REALLY!) rude IO! When I explained I'd like clarification about what I was told "previously" (yesterday) that my Biometrics and Photo ID not showing was what was potentially keeping my application pending, she snapped that really I want a case status and need to call the NCSC. She did say that I must not enter my case # and enter phone options 1, 2, 3 and then get the Customer Service rep. to institute request for more information. So I did this.
The NCSC rep I got (Giselle, 649713) was extremely helpful and pleasant. I explained my situation and she agreed that it warrants a request for investigation/further information. She said normally they wouldn't do it because my Received Date of 8/1/2007 was outside of normal processing.
[I've never read explanations on this which were crystal clear about what it meant. So in case others might be confused about it "inside normal processing" means your I-485 Received Date + 30 days. So since TSC is around the (published) 8/23/2007 Processing Date, mine would only fall within normal processing once TSC reaches 8/31/2007 Processing Date]
Rep took all my receipt, etc. details and contact details and read them all back and said I should be contacted within 45 days (standard, I know) via one of the contact mediums - phone, email, mail. Blah, blah - that's all probably completely standard, right!?
Now the interesting thing I noted in the Confirmation # she gave me is that it is suffixed at the end by VSC.... which is obviously Vermont. It could just be an administrative thing because my stuff originally went to VSC then transferred to TSC?? Or could it mean something more than that? Considering the transfers were a mess.....
p.s. in addition, I have moved from East Coast (hence original VSC) to CA - with same company - so I don't know if/how geographical move affected anything. I did confirm with local office IO and TSC IO that they have the correct address on file.
Regardless, the satisfaction (??) I got from this recent fiasco is that it will actually force someone to look at my application and hopefully correct something if it is amiss. Might be wishful thinking on my part, but it means someone has to LOOK at it, instead of me feeling like my app. is just sitting gathering proverbial dust when something was supposed to have been actioned. And perhaps get at least a pre-adjudication thru as a result......
When I got thru to TSC today, I had a really (I mean REALLY!) rude IO! When I explained I'd like clarification about what I was told "previously" (yesterday) that my Biometrics and Photo ID not showing was what was potentially keeping my application pending, she snapped that really I want a case status and need to call the NCSC. She did say that I must not enter my case # and enter phone options 1, 2, 3 and then get the Customer Service rep. to institute request for more information. So I did this.
The NCSC rep I got (Giselle, 649713) was extremely helpful and pleasant. I explained my situation and she agreed that it warrants a request for investigation/further information. She said normally they wouldn't do it because my Received Date of 8/1/2007 was outside of normal processing.
[I've never read explanations on this which were crystal clear about what it meant. So in case others might be confused about it "inside normal processing" means your I-485 Received Date + 30 days. So since TSC is around the (published) 8/23/2007 Processing Date, mine would only fall within normal processing once TSC reaches 8/31/2007 Processing Date]
Rep took all my receipt, etc. details and contact details and read them all back and said I should be contacted within 45 days (standard, I know) via one of the contact mediums - phone, email, mail. Blah, blah - that's all probably completely standard, right!?
Now the interesting thing I noted in the Confirmation # she gave me is that it is suffixed at the end by VSC.... which is obviously Vermont. It could just be an administrative thing because my stuff originally went to VSC then transferred to TSC?? Or could it mean something more than that? Considering the transfers were a mess.....
p.s. in addition, I have moved from East Coast (hence original VSC) to CA - with same company - so I don't know if/how geographical move affected anything. I did confirm with local office IO and TSC IO that they have the correct address on file.
Regardless, the satisfaction (??) I got from this recent fiasco is that it will actually force someone to look at my application and hopefully correct something if it is amiss. Might be wishful thinking on my part, but it means someone has to LOOK at it, instead of me feeling like my app. is just sitting gathering proverbial dust when something was supposed to have been actioned. And perhaps get at least a pre-adjudication thru as a result......
needhelp!
08-30 05:33 PM
As IV grows up, we should have a hall of fame for folks like you who have shown continued support to the cause. I am here now because I am affected, but to be here after its all said and done, is greatness.
No comments:
Post a Comment