canmt
10-19 11:41 AM
The AC 21 does not say anything about the salary part in the Section 106(c). But it is a guideline issued by the Director to USCIS officers on how to interpret AC 21 Section 106(c).
You could find the salary details from www.flcdatacenter.com.
I hope this helps and good luck on your greencard chase.
You could find the salary details from www.flcdatacenter.com.
I hope this helps and good luck on your greencard chase.
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browncow
05-21 01:18 AM
H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.
well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.
well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.
sanjay02
01-07 06:03 PM
You dont need to inform USCIS about new passport, but make sure you carry your old as well as new passport, dont discard the old passport as yet.
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mugwump
12-07 02:57 PM
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?
just my opinion.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?
just my opinion.
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lazycis
02-18 04:27 PM
"The spouse and children of a person who has previously immigrated to the U.S. may be entitled to obtain an immigrant visa at a later date. If you would like to see if you are eligible for follow-to-join status, please send us (consulate in India) a copy of the principal applicant's permanent resident card or I-551 or a copy of the principal applicant's passport pages indicating admission to the U.S. as an immigrant. Please also submit a copy of your birth certificate and/or marriage certificate. The documents must come with a letter of request clearly indicating the name of the applicant(s) and all relevant contact addresses and telephone numbers. Once the Immigrant Visa Unit has determined you are eligible for follow-to-join status, we will contact you and provide instructions on how to apply for the visas."
In this case baby would qualify for follow-to-join visa.
I do agree with wandmaker that having child in the US is much much more preferable.
In this case baby would qualify for follow-to-join visa.
I do agree with wandmaker that having child in the US is much much more preferable.
chanduv23
11-14 09:23 PM
State chapters help organize and train members for lawmaker meets and it is very essential that we as a community stand up and speak for ourselves.
It is very essential that we meet our lawmakers.
Join the State Chapters now and meet your lawmakers
It is very essential that we meet our lawmakers.
Join the State Chapters now and meet your lawmakers
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leoindiano
08-03 05:44 PM
The USCIS has indicated that it plans to reconcile the second A number for each I-485 applicant with the previously-issued A number.
That is the key. Reconciled cases will have no problems.
That is the key. Reconciled cases will have no problems.
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hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
more...
anantken
07-21 09:32 AM
I am also having the same case... my PD is May 2006. I filed for I-485 in July 2007. Until today I haven't received the FP Notice.. Last yr I have received AP, EAD but no FP yet..
Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.
I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.
Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.
I dont know what to do now. my service center is TSC.
Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.
I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.
Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.
I dont know what to do now. my service center is TSC.
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eb3_nepa
04-16 11:21 PM
Dont the bill have to be placed in federal register after the Prez signs it, for 90 days for it to be law? I remember so from the PERM regulation timeline.
Do you have any kind of documentation or a Link for this by any chance?
Do you have any kind of documentation or a Link for this by any chance?
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smileyslimey
11-30 08:59 AM
Hi,
My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.
The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.
Any advice will be appreciated.
Thanks.
Regards.
My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.
The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.
Any advice will be appreciated.
Thanks.
Regards.
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Hermione
09-27 10:07 AM
The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
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wonderlust
07-19 12:17 AM
:confused:
My lawyer siad it is not necessary to have either W2 or Tax return documents for I485. I read the filing instruction about 4-5 times and did not find this requirement.
I did not send mine. Hope it's not a problem.
W
My lawyer siad it is not necessary to have either W2 or Tax return documents for I485. I read the filing instruction about 4-5 times and did not find this requirement.
I did not send mine. Hope it's not a problem.
W
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smurugan
11-01 05:38 PM
Hello
My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)
I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?
Could you please advice if you info on this?
Regards
My PD is March 2006 and my 6th year on H1B ends in March 2007. My LC was approved in March 2006 and I-140 got approved in July 2006. My company has relocated me to a different state. (same job, same title and company)
I have updated INS about my address change by sending AR-11. Would the job location change (from CA to NJ) have any impact on my GC processing?
Could you please advice if you info on this?
Regards
more...
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micofrost
07-16 05:59 PM
AILA/AILF
Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.
Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.
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starving_dog
11-03 07:34 PM
Talk to a lawyer. We repeat, talk to a lawyer. Good luck.
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cox
November 26th, 2005, 11:15 AM
My primary tip is patience... By very early, I mean at or just after sunrise... Early's no problem, I don't sleep anyway. :p I'll work on my patience ;)
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks... I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem... It doesn't always work, but it does so often enough that it's worth hauling the sticks around... I remember Don's bamboo stick tip now that you remind me. I'll go to the nursury today...
These days I make heavy use of my 5-in-1 disk for diffusion and reflection... but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it... Kevin's suggestion of using a quality reflector is a good idea, I'll go the camera store after the nursury...
As for shooting technique, a tripod is a must... and hang the camera upside down... and frequently use mirror lock up... GaryI use a manfrotto 3001BPRO tripod, which allows you to put the camera all the way onto the ground, and even position the center column horizontally, but I use a pan-tilt head that's not too flexible (and I bent it the other day :(). I'll look at ball heads while I'm at the camera store... I never thought of hanging the camera upside down! I'll try that. Great tip. I use mirror lock-up when shooting thru my telescope, but forgot to use it here. Will do.
Hope all of this rambling helps... Gary
Thanks for the feedback, Gary, I really appreciate it.
I've also had great success with a trick Don Bevis shared. You can get thin bamboo sticks... I always carry two of them with me and stick them in the ground so that they apply slight pressure to the plant stem... It doesn't always work, but it does so often enough that it's worth hauling the sticks around... I remember Don's bamboo stick tip now that you remind me. I'll go to the nursury today...
These days I make heavy use of my 5-in-1 disk for diffusion and reflection... but Kevin Sadler talked me into spending more money to get a quality product and I haven't regretted it... Kevin's suggestion of using a quality reflector is a good idea, I'll go the camera store after the nursury...
As for shooting technique, a tripod is a must... and hang the camera upside down... and frequently use mirror lock up... GaryI use a manfrotto 3001BPRO tripod, which allows you to put the camera all the way onto the ground, and even position the center column horizontally, but I use a pan-tilt head that's not too flexible (and I bent it the other day :(). I'll look at ball heads while I'm at the camera store... I never thought of hanging the camera upside down! I'll try that. Great tip. I use mirror lock-up when shooting thru my telescope, but forgot to use it here. Will do.
Hope all of this rambling helps... Gary
Thanks for the feedback, Gary, I really appreciate it.
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Jerrome
02-20 05:47 PM
This will definitly help guys if they see some number crunching like the one i see below.
Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571
You can also Quote this in the home page of IV for people to see.
Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571
You can also Quote this in the home page of IV for people to see.
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GCPagla
03-15 10:16 PM
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
pappu
04-19 11:06 AM
Janakp, you are now probably on their crosshairs. Their members on our site will hate you for spying!!:D
jsb
01-28 09:24 AM
Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
Please read posts above. There is no need to send anything to USCIS unless asked.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
Please read posts above. There is no need to send anything to USCIS unless asked.
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