amdn123
01-24 06:52 PM
Thanks sirinme, my job responsibilities are similar in the new job (i.e. same job code classification). My only concern is whether is it legally necessary to file papers to USCIS under AC21 informing of job change now or wait till visa numbers for me becoem current again.
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minimalist
01-30 04:40 PM
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
sledge_hammer
02-12 12:33 PM
I never claimed I'm going to refrain from going ballistic with words when insults are hurled at me! Maintaining high moral standards and bad language usage doesn't always have to be mutually exclusive. Your logic is waaaayyyyyy flawed if you think they are, my friend!
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then. My statement earlier is not conveying my intentions clearly.
It is also true that if USCIS needed to enforce that students are requried to go back to their home country after school, then they should not issue a COS with the H-1B approval, forcing the student to re-enter.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then. My statement earlier is not conveying my intentions clearly.
It is also true that if USCIS needed to enforce that students are requried to go back to their home country after school, then they should not issue a COS with the H-1B approval, forcing the student to re-enter.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
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bostonqa
06-11 01:37 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
more...
SleeplessinSeatle
11-21 09:08 AM
Mehul,
I wish you all the best. Miracles do happen and I know that many people have lived to tell the tales of cancer survival. Keep your spirits high.
I wish you all the best. Miracles do happen and I know that many people have lived to tell the tales of cancer survival. Keep your spirits high.
flresident
08-18 10:45 AM
Hi,
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
That was pretty quick.
Funny part is, I haven't received receipt notice yet.
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
That was pretty quick.
Funny part is, I haven't received receipt notice yet.
more...
reddymjm
06-12 06:00 AM
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
TIP: Print them you should be able to read.:) My checks cleared on the same day got the receipts yesterday. So you should be getting them today or tomorrow. I am not sure if attorney can chose whether to send it to you or not.
Do you know how long for receipt letter?
Thanks.
TIP: Print them you should be able to read.:) My checks cleared on the same day got the receipts yesterday. So you should be getting them today or tomorrow. I am not sure if attorney can chose whether to send it to you or not.
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caydee
08-31 11:40 AM
Received CPO email 31Aug10:)
more...
natrajs
11-21 11:04 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul
I am stunned and Speachless , Our Prayers are with you and your family, Keep the Hope, Miracles do Happen.
Consult an Attorney for the future course of Action, In any means you need help, please let me know
God Bless You
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul
I am stunned and Speachless , Our Prayers are with you and your family, Keep the Hope, Miracles do Happen.
Consult an Attorney for the future course of Action, In any means you need help, please let me know
God Bless You
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EB3_SEP04
08-12 06:20 PM
Just got an email that EAD card production ordered
when did u file? Paper filed to Texas (as the thread title says)?
when did u file? Paper filed to Texas (as the thread title says)?
more...
tonyHK12
02-26 01:42 PM
thanks hopefullegalimmigrant, n_2006, kunjirs for your contribution.
I haven't added the amount from hopefullegalimmigrant now (missing). Also recurring donations won't be added to this total
Total Contributions............$9,725.00
Amount to be raised........$40,275.00
.
I haven't added the amount from hopefullegalimmigrant now (missing). Also recurring donations won't be added to this total
Total Contributions............$9,725.00
Amount to be raised........$40,275.00
.
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purplehazea
05-23 11:34 AM
E-mailed everyone on the list.
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anilkumar0902
09-14 11:36 AM
Nebraska
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glus
05-23 12:01 PM
This is awesome, glus. Thanks again for putting these fax numbers together.
No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.
No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.
more...
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gc_peshwa
02-16 08:54 PM
Donated $100 for this event apart from my recurring monthly donations. Plan to spread the word about the advocacy with my colleagues tomorrow.
Go IV!
Go IV!
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gopikrishnayr
09-07 01:13 PM
You will recieve 3 reciept numbers on the nback of your check, one for 485, one for EAD and another for AP
more...
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tp976
12-07 02:45 PM
Apahilaj,
FP is definitely not connected to background check. I am sailing in the same boat. My application date was july 17th and notice day was Sep 10th. I opened a SR 45 days back with no response. NSC-TSC transfer case..:confused:
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
FP is definitely not connected to background check. I am sailing in the same boat. My application date was july 17th and notice day was Sep 10th. I opened a SR 45 days back with no response. NSC-TSC transfer case..:confused:
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
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JulyFiler
10-08 06:43 PM
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!
Let me ask you a question.
When you renew EAD what will be the start date. For example:
Lets say current EAD Expires 12/31/2007.
I apply for renewal in July say 07/01/2007.
When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?
Basically would the renewal date start from where the current one is expiring or from the dat it got approved?
Thanks
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!
Let me ask you a question.
When you renew EAD what will be the start date. For example:
Lets say current EAD Expires 12/31/2007.
I apply for renewal in July say 07/01/2007.
When I get the new EAD would it start from 12/31/2007 to 12/31/2008 or sometime in July/August/September when it gets approved?
Basically would the renewal date start from where the current one is expiring or from the dat it got approved?
Thanks
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eb3_nepa
12-11 07:29 PM
Totally agreed that quota increase is controversial and an alternative approach must be agreed upon - 1932, CIR and now SKIL has taught us that bitter lesson. I am not by any means questioning the wisdom of going after the low-hanging fruits like 485 filing etc. All I am saying is - we cannot assume everything else remains the same. Things like 485 filing etc are our niche goals - no corporate interest is served by that and in a brutally capitalistic country thats a huge disadvantage.The fact is ANY relief, whether it includes quota increase or not, still takes a lot of lobbying and money to introduce all on its own strength.Yours and mine promotion/career prospects are the least of the lawmakers' worries, however non-controversial it may be and however deserving we may be. The need of the hour is to increase our membership base and contributions - lets face it, 200k in funds is not going to get us too far on our own steam. If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
Dixie, I am not denying that lobbying takes effort time and money. So far however we HAVE convinced the lawmakers about our plight. All I am saying is, we should ask for provisions that our anti-immigrant friends will possibly not object strongly to. It is not simply a matter of promotions and career advancement anymore. It is the fact that our lives are tied to one job and that God forbid should something happen to that job we are outta here. The IV core team already has points about the same and have been meeting lawmakers regularly. My point here is that maybe it is time to take a little step back and realize that at this stage just having yearly EADs is SO MUCH of a blessing for both the individual AND the spouse (if applicable). Like someone on here mentioned, IV was formed because of Retrogression NOT because of GC delays.
Dixie, I am not denying that lobbying takes effort time and money. So far however we HAVE convinced the lawmakers about our plight. All I am saying is, we should ask for provisions that our anti-immigrant friends will possibly not object strongly to. It is not simply a matter of promotions and career advancement anymore. It is the fact that our lives are tied to one job and that God forbid should something happen to that job we are outta here. The IV core team already has points about the same and have been meeting lawmakers regularly. My point here is that maybe it is time to take a little step back and realize that at this stage just having yearly EADs is SO MUCH of a blessing for both the individual AND the spouse (if applicable). Like someone on here mentioned, IV was formed because of Retrogression NOT because of GC delays.
kshitijnt
05-10 09:25 PM
Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
buddyinsd
08-20 01:30 PM
Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
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