leo_loco
10-21 08:31 PM
Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
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sidshar
05-15 04:21 PM
Capriol,
Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?
Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?
nviren
02-24 01:51 PM
Hi,
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
In the draft, the countrywise cap is set to 10% of the quota. That's still a big stumbling block for Chinese and Indians.
We should push for getting rid of this countrywise cap.
Another, just a thought. Once they increase the cap and all those changes, so many people will be eligible and apply for 140 & 485. They will become eligible for EAD and AC21. The USCIS will drown in I140 and I485 applications and recurring appls for EADs resulting in huge administrative delays. So the spead gained by legislative action will get lost by backlog due to administrative actions. Classic case of give by one hand and take away by another.
Any thoughts?
nviren
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perm2gc
12-25 02:31 PM
Hi Perm,
When I requested the company they sent me the "Wage report" form.
I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.
Thanks a lot for all your help and valuable information.
Merry Christmas!
Thanks & Regards,
Chak
The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.
When I requested the company they sent me the "Wage report" form.
I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.
Thanks a lot for all your help and valuable information.
Merry Christmas!
Thanks & Regards,
Chak
The Consulate only asks wage report for your company.It will not ask for entire state of California.The Wage Report you company send is enough but one more time just cross check with your company attorney before sending them to consulate.
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kumarr
06-14 09:40 PM
Thank you all for your helpful replies.
Hopefully its just an easy one like mentioned above.
Hopefully its just an easy one like mentioned above.
panky72
06-18 04:42 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
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franklin
07-17 10:28 AM
Welcome to the board folks.
I can't believe our membership numbers either! Please do help to contribute - everything helps!
I can't believe our membership numbers either! Please do help to contribute - everything helps!
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PlainSpeak
02-16 03:13 PM
Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
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rajuram
07-13 12:55 AM
GTS = go to sleep
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waiting_4_gc
07-18 10:49 AM
This is a personal Message from me TO the IV Core and its founder.People can keep it alive by thanking the core.
I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...
THANKS AND REGARDS
Thanks, IV. Again, you guys are great and this is a great achievement from you.
I'm really impressed and donated $100.00.
I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...
THANKS AND REGARDS
Thanks, IV. Again, you guys are great and this is a great achievement from you.
I'm really impressed and donated $100.00.
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ragz4u
02-03 01:36 PM
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results
The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.
Again, this should not stop you from asking for appointments!
Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results
The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.
Again, this should not stop you from asking for appointments!
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sreenathm
10-11 09:11 AM
:confused: I got very anxious when my co lawyer told me that I got a query from INS.
I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.
Company lawyer told me to produce all my paystubs ever since I started to work in US.
I am wondering will this cause any issue. Is this a normal procedure ?
Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com
Thanks,
Sreenath
I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.
Company lawyer told me to produce all my paystubs ever since I started to work in US.
I am wondering will this cause any issue. Is this a normal procedure ?
Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com
Thanks,
Sreenath
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TomTancredo
11-27 07:21 PM
From what I can infer from the replies so far:
1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible
2. For contract positions, eliminating the desi layer in between might help increase the rate.
In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
You eliminate vendors based on what your expectations are as per the rate is concerned. You can not eliminate vendors totally because most of the large corporations go thru vendors , could be desi or otherwise .
Having an EAD opens up more oppurtunities than on H1 , Its up to the individual how one wants to use/benifit from the oppurtunities.
1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible
2. For contract positions, eliminating the desi layer in between might help increase the rate.
In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
You eliminate vendors based on what your expectations are as per the rate is concerned. You can not eliminate vendors totally because most of the large corporations go thru vendors , could be desi or otherwise .
Having an EAD opens up more oppurtunities than on H1 , Its up to the individual how one wants to use/benifit from the oppurtunities.
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sandy_anand
03-08 02:23 PM
Congratulations! Please continue to donate to IV.
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EB3_SEP04
07-16 04:40 PM
No it is the same company
First of all congrats!
My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021
http://www.onetcodeconnector.org/ccreport/15-1021.00
The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.
Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).
First of all congrats!
My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021
http://www.onetcodeconnector.org/ccreport/15-1021.00
The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.
Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).
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eb3India
04-26 06:12 PM
Many senators particularly republicans did know that last Year CIR has no chance of getting thru the house, since it was election year they tested water and did a favourable thing mainly to gain latino's vote, However this year is different, Democrats controles house and senate, none of the republicans want to give credit of passing CIR to democrates, McCain backed off as he was running for President and siding on Iraq war is good enough for him to defend popularity contest.
This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell
This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell
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Desertfox
08-01 12:14 PM
You will be considered as an eligible non-citized once you have used your Advance Parole (obtained by filing I-131) to return to US after foreign travel. Your I-94 will have a parolee stamp, and you will need to submit that to the financial aid department of your school in proof of your "Eligible Non-citizen" status.
Once you have the parolee stamp on your I-94, file FAFSA online and your school will be notified as soon as they process your application. You will then contact the financial aid department at your school and submit a copy of your parolee stamped I-94. The process was very easy and quick at Arizona State University for my spouse.
Hope this helps.:)
Once you have the parolee stamp on your I-94, file FAFSA online and your school will be notified as soon as they process your application. You will then contact the financial aid department at your school and submit a copy of your parolee stamped I-94. The process was very easy and quick at Arizona State University for my spouse.
Hope this helps.:)
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matreen
10-07 03:59 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
wish you luck
Don't you think if you're changing jobs and new job has to be fulltime with new employer? not contract?
Can we invoke AC21 on temp contracting job?
As you said if you go with contracing job where you will be running your payroll? Is it on your new owned company on your name? Or it has to be someone else name like spouse or friend?
Thanks,
Matt
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GC08
04-04 08:56 PM
I am kinda wishing it were down... it is too depressing to see those days never move. :(
indianindian2006
08-20 07:44 PM
I am a July 2nd filer but my PD is April-20-2006 if that matters.
RD -07/02/2007
ND-08/08/2007
Still waiting...........
RD -07/02/2007
ND-08/08/2007
Still waiting...........
honeyB
01-23 04:21 PM
bump
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