spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
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H1B-GC
11-06 04:24 PM
Does bad credit history or defaults affect getting a job?
Any ideas?
Most companies and Financial sector in particular check the credit History.Dont you worry on a 30 day late payment 2 years back .They wont be so mean i guess. But filing for Bankrupcy or a History of late payments would raise a red Flag.
Any ideas?
Most companies and Financial sector in particular check the credit History.Dont you worry on a 30 day late payment 2 years back .They wont be so mean i guess. But filing for Bankrupcy or a History of late payments would raise a red Flag.
anilsal
12-13 11:03 AM
That is provided the dems are in pursuit of CIR.
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eb2_immigrant
07-28 07:31 PM
It takes roughly 20 business days. We just got ours.
When you renew AP, what is start date , Is it from the expiration day of your previous AP ?
When you renew AP, what is start date , Is it from the expiration day of your previous AP ?
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akhilmahajan
04-20 11:50 AM
Well said sir.
It really paints a true picture for all of us.
It really paints a true picture for all of us.
myimmiv
12-18 04:26 PM
I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
Thanks a lot truthinspector
Thanks a lot truthinspector
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brij523
02-20 08:50 PM
Please don't miss the tomorrow teleconference.
Thanks
Thanks
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meridiani.planum
04-21 01:12 AM
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.
thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.
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bekugc
04-18 04:15 PM
the main grey area for n2b is --
when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.
but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.
im not sure but i think u shud be OK.
- in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.
when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.
but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.
im not sure but i think u shud be OK.
- in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.
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gk_2000
05-04 03:18 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed
I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed
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nkavjs
09-25 02:17 PM
I would love the sound of it.. sit at home.. But what shd I answer to USCIs at the time of EAD renewal or RFE, about working less hours.. Does any law protect situations like us..like new baby law.. or over-stressed employee law.. or something...
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sandy_anand
10-09 04:25 PM
yup, no movement at all! Gotta wait till Jan for some movement. :mad:
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Leo07
02-01 11:22 AM
Sorry, Link was on the first post.
Here it is again:Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)
please post a link to this survey
Here it is again:Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)
please post a link to this survey
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abcdefgh
03-29 12:48 PM
If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.
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alwayson
02-26 06:03 PM
Came across this article:
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
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go_guy123
01-03 06:20 PM
......
The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.
The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.
Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.
Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.
Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.
Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.
What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.
The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.
Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)
See the politics in this article..written out of an MA media/mouthpiece...liberal leaning state and nature.
First they wanted comprehensive and wanted to hold the EB /skilled people hostage to their cause. They tried and failed again and again and again....and realized that mas amnesty is politically impossible and now with GOP in power in house it is even more impossible.
They tried Dream act stand alone...and failed even when Democratic party was in its high tide. and failed there as well. But short of few vote in senate. But house is a deep challenge. But they know conservative think tanks are in favor of skil bill and so they are now talking of attaching the dream act to the skill bill which has better chance of passing.
They have climbed down from their grand stand. But now they are trying to hold the SKIL Bill hostage to the Dream act....that is how Dream act s trying to make a comeback by attaching themselves to SKIL bill.
My feeling is that Dream act is still too politically toxic and even if "sugar coated" with SKIL
bill. It is way too bitter and politically radioactive for SKIL-Dream combined act to pass.
Democratic party still holds the Senate and Reid et al will be the ones trying to attach the Dream act to any SKIL bill....and that is where the problem lies.
Perhaps we will need to hope that "donkeys" get wiped out in Senate in 2012 for skilled immigrants to see the promised land.
The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.
The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.
Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.
Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.
Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.
Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.
What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.
The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.
Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)
See the politics in this article..written out of an MA media/mouthpiece...liberal leaning state and nature.
First they wanted comprehensive and wanted to hold the EB /skilled people hostage to their cause. They tried and failed again and again and again....and realized that mas amnesty is politically impossible and now with GOP in power in house it is even more impossible.
They tried Dream act stand alone...and failed even when Democratic party was in its high tide. and failed there as well. But short of few vote in senate. But house is a deep challenge. But they know conservative think tanks are in favor of skil bill and so they are now talking of attaching the dream act to the skill bill which has better chance of passing.
They have climbed down from their grand stand. But now they are trying to hold the SKIL Bill hostage to the Dream act....that is how Dream act s trying to make a comeback by attaching themselves to SKIL bill.
My feeling is that Dream act is still too politically toxic and even if "sugar coated" with SKIL
bill. It is way too bitter and politically radioactive for SKIL-Dream combined act to pass.
Democratic party still holds the Senate and Reid et al will be the ones trying to attach the Dream act to any SKIL bill....and that is where the problem lies.
Perhaps we will need to hope that "donkeys" get wiped out in Senate in 2012 for skilled immigrants to see the promised land.
more...
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kriskris
04-07 05:07 PM
Thanks for sharing. Some good news in these times.
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desi3933
05-10 06:12 PM
Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? .......
....
Thanks for you help.
Assuming that you have I-485 application pending, the status is applicant to adjust status.
If you have EAD due to L2 visa status, then your status is, of course, L2 status.
_________________
Not a legal advice.
....
Thanks for you help.
Assuming that you have I-485 application pending, the status is applicant to adjust status.
If you have EAD due to L2 visa status, then your status is, of course, L2 status.
_________________
Not a legal advice.
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Macaca
02-08 08:46 AM
What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.
furiouspride
01-12 01:23 PM
dude.. stop spitting garbage especially when u dont know my situation
If you were smart enough, you would have started a new thread and not use a thread titled 'USCIS - Annoncement its official'. You very well know the implications of raking up such sensational threads and if you do not, you should, going forward. Nothing personal bro. And hope your situation improves.
Also, if it helps here's my story: I'm a 4.0 GPA grad from one of the best univs in the US. I have been in this country for 12 years now with more than 10 years of work experience. However, my title still says that I'm a programmer. Sucks right? Yeah, others around us will grow, prosper and succeed in life. Feels bad to be in our shoes. This is a choice that each one of us has made. However, that does not mean we vent out our frustrations on a public forum. Even if we do, we should use proper means. My 2c :)
If you were smart enough, you would have started a new thread and not use a thread titled 'USCIS - Annoncement its official'. You very well know the implications of raking up such sensational threads and if you do not, you should, going forward. Nothing personal bro. And hope your situation improves.
Also, if it helps here's my story: I'm a 4.0 GPA grad from one of the best univs in the US. I have been in this country for 12 years now with more than 10 years of work experience. However, my title still says that I'm a programmer. Sucks right? Yeah, others around us will grow, prosper and succeed in life. Feels bad to be in our shoes. This is a choice that each one of us has made. However, that does not mean we vent out our frustrations on a public forum. Even if we do, we should use proper means. My 2c :)
ksurjan
08-14 11:56 AM
I am also in the same shoes as you. Been here 9 years, filed GC in 2002, still no end in sight. I recently got a job offer from back home. Decent offer, I am told by friends, enough to sustain a good lifestyle and then save some. I am seriously comtemplating going back.
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