desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
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paragpujara
08-09 07:44 AM
Yesterday status got updated for me and my wife as below:
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
rk07
09-20 10:09 PM
Seshu,
Did you file at NSC?
seshuvaidehi
Junior Member Join Date: Jul 2007
Posts: 3
--------------------------------------------------------------------------------
Labor Certified in June 2006-India
I-140 approved Dec 2006
I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###
How do I check if EAD card has been ordered and/or AP approved?
Your all are awesome and Thanks to Immigration Voice.
Did you file at NSC?
seshuvaidehi
Junior Member Join Date: Jul 2007
Posts: 3
--------------------------------------------------------------------------------
Labor Certified in June 2006-India
I-140 approved Dec 2006
I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###
How do I check if EAD card has been ordered and/or AP approved?
Your all are awesome and Thanks to Immigration Voice.
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sirinme
09-30 10:30 AM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
more...
GCStatus
09-16 02:58 AM
You may want to follow up with them via a PM or email. Check the IV core link.
Yep, did already
Yep, did already
immi_twinges
07-10 08:14 AM
some suggestions on the content that we should put on the banners for the San
Some Quotes from famous people which might help in the rally:
There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist
We can add some thing personal below the above statement on the pamphlets
Everywhere immigrants have enriched and strengthened the fabric of American life.
--John F. Kennedy
PS: So Let it be ….
America was and is the immigrant's dream.
Don DeLillo
PS: Do not smash it by the incompetent immigration services
Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
ps:....
The divide of race has been America’s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
…. hehehe my quotation
Some Quotes from famous people which might help in the rally:
There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist
We can add some thing personal below the above statement on the pamphlets
Everywhere immigrants have enriched and strengthened the fabric of American life.
--John F. Kennedy
PS: So Let it be ….
America was and is the immigrant's dream.
Don DeLillo
PS: Do not smash it by the incompetent immigration services
Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
ps:....
The divide of race has been America’s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
…. hehehe my quotation
more...
rdehar
10-09 12:02 PM
So, while we are amusing ourselves:
How about ancestoral property?
How about skymiles?
Number of children?
number of posts on IV:D
How about ancestoral property?
How about skymiles?
Number of children?
number of posts on IV:D
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jguharaman
11-21 09:20 AM
Mehul
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
more...
nishanttambe
02-14 07:21 PM
Contributed $50.
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adde72
07-06 04:53 PM
DC is the right place even on a weekend also just protesting infront of the uscis office will get media attention .....we should plan for this.i know less than 1000 people will be a failure ..can we try to get the mood of the IV for this kind of event ...
more...
willwin
07-28 11:33 AM
1) You are "a highly educated (for those that care) Executive that went to Top Private Universities in the US"
2) You built a billion dollar corporation
3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone
You need help. Go see a shrink.
I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!
2) You built a billion dollar corporation
3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone
You need help. Go see a shrink.
I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!
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vicks_don
04-21 09:48 AM
Job title - doesnt matter but your job duties or job description matters.
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
If I get a RFE on Salary comparision would that be a problem as my salary would increase more than 30%. Will they not take into account that my salary should eventually go up with my years of experience ?
Your job description should not change from PL//SQL developer to J2EE or something drastically.
Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
Finally I am not legal expert , confirm with your lawyer.
Good Luck
If I get a RFE on Salary comparision would that be a problem as my salary would increase more than 30%. Will they not take into account that my salary should eventually go up with my years of experience ?
more...
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mps
08-26 11:35 AM
I know one of my friend, his H1 extension was denied through a consulting company (basically Bodyshopper). Reason given was - "consulting not allowed on H1".
Lucky him, client hired him by sponsoring his H1 and this time it was approved.
Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).
Some desi bodyshop owner gave me red for sharing this.
Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !
Lucky him, client hired him by sponsoring his H1 and this time it was approved.
Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).
Some desi bodyshop owner gave me red for sharing this.
Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !
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gc28262
08-24 10:33 PM
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
more...
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desi3933
02-05 11:01 AM
Desi3933 - Thank you for sharing this link. Now I totally believe it.
As promised before, now after looking at DOL web site, I will shut up.
Kumar -
You are welcome. I am glad to be of help.
There was a case U.S. DEPARTMENT OF LABOR vs. Ken Technologies, Inc. That dealt with issues of benching and when employer is liable to start paying.
Personally, I don't want you to "shut up". Disagreement is part of healthy discussion. But I felt your post should have been little more polite than this post.
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
As promised before, now after looking at DOL web site, I will shut up.
Kumar -
You are welcome. I am glad to be of help.
There was a case U.S. DEPARTMENT OF LABOR vs. Ken Technologies, Inc. That dealt with issues of benching and when employer is liable to start paying.
Personally, I don't want you to "shut up". Disagreement is part of healthy discussion. But I felt your post should have been little more polite than this post.
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
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leoindiano
02-04 09:25 AM
I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
Thanks
I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.
Thanks
I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.
more...
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dsairam
12-19 04:24 PM
Hi All,
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
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yadav
08-29 10:04 AM
My I-140 was approved by NSC in feb 2007, and my I485 was delivered on aug 10 to TSC.
1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
3. Is there any way i can find whihc center is having my application.
1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
3. Is there any way i can find whihc center is having my application.
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ckarri
07-20 11:42 AM
Pledged $250 so far and will be pledging $100 for Aman's expense reimbursement.
gc28262
06-28 09:33 AM
Thanks for your reply.
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.
Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).
Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.
Now, coming back to your quote
This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.
In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.
It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.
Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.
_______________________
Not a legal advice.
US citizen of Indian origin
desi3933,
Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
H1B-GC
07-24 09:10 AM
Paper filed on June 19, 2008 (Renewal)
Service center: TSC
Approved : July 18th '08
Card Received : July 23rd
2 year EAD Approved :)
Start date :Sept 2008 - Sep 2010
Service center: TSC
Approved : July 18th '08
Card Received : July 23rd
2 year EAD Approved :)
Start date :Sept 2008 - Sep 2010
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