morchu
05-05 12:16 PM
The key is "same or similar" employment. Wage, Location etc can be different.
Having a huge difference in wage (higher/lower), might need a good explanation, since a huge difference can point to question on the "same/similar" behavior of the new job.
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
Having a huge difference in wage (higher/lower), might need a good explanation, since a huge difference can point to question on the "same/similar" behavior of the new job.
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
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amsgc
06-20 12:05 AM
gondal, paskal
I have a question, if you don't mind answering:
I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.
Request you to please respond as my understanding is limited.
Thanks.
Ams
I have a question, if you don't mind answering:
I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.
Request you to please respond as my understanding is limited.
Thanks.
Ams
MrWaitingGC
06-18 07:08 PM
I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
Common buddy this is nothing. I drive this daily to work one way. You are worried about 2 days.
Take a day off and visit near by places and have fun.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
Common buddy this is nothing. I drive this daily to work one way. You are worried about 2 days.
Take a day off and visit near by places and have fun.
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HereIComeGC
04-22 02:14 PM
This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.
Jan-05 C
Feb-05 C
Mar-05 C
Apr-05 1-Apr-02
May-05 C
Jun-05 C
Jul-05 C
Aug-05 C
Sep-05 C
Oct-05 1-Nov-99
Nov-05 1-Nov-99
Dec-05 1-Jul-00
Jan-06 1-Jan-01
Feb-06 1-Aug-01
Mar-06 1-Jan-02
Apr-06 1-Jul-02
May-06 1-Jan-03
Jun-06 1-Jan-03
Jul-06 1-Jan-03
Aug-06 U
Sep-06 U
Oct-06 15-Jun-02
Nov-06 1-Jan-03
Dec-06 8-Jan-03
Jan-07 8-Jan-03
Feb-07 8-Jan-03
Mar-07 8-Jan-03
Apr-07 8-Jan-03
May-07 8-Jan-03
Jun-07 1-Apr-04
Jul-07 C
Aug-07 U
Sep-07 1-Apr-04
Oct-07 1-Apr-04
Nov-07 1-Apr-04
Dec-07 1-Jan-02
Jan-08 1-Jan-00
Feb-08 U
Mar-08 U
Apr-08 1-Dec-03
Jan-05 C
Feb-05 C
Mar-05 C
Apr-05 1-Apr-02
May-05 C
Jun-05 C
Jul-05 C
Aug-05 C
Sep-05 C
Oct-05 1-Nov-99
Nov-05 1-Nov-99
Dec-05 1-Jul-00
Jan-06 1-Jan-01
Feb-06 1-Aug-01
Mar-06 1-Jan-02
Apr-06 1-Jul-02
May-06 1-Jan-03
Jun-06 1-Jan-03
Jul-06 1-Jan-03
Aug-06 U
Sep-06 U
Oct-06 15-Jun-02
Nov-06 1-Jan-03
Dec-06 8-Jan-03
Jan-07 8-Jan-03
Feb-07 8-Jan-03
Mar-07 8-Jan-03
Apr-07 8-Jan-03
May-07 8-Jan-03
Jun-07 1-Apr-04
Jul-07 C
Aug-07 U
Sep-07 1-Apr-04
Oct-07 1-Apr-04
Nov-07 1-Apr-04
Dec-07 1-Jan-02
Jan-08 1-Jan-00
Feb-08 U
Mar-08 U
Apr-08 1-Dec-03
more...
Ramba
01-11 07:23 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
capriol
09-17 08:11 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
more...
GreenCard4US
08-21 02:40 PM
Sorry about the dates, I have corrected them.
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upuaut
09-15 03:27 AM
Are you talking about the "rayoflight" effect?
If so, I built a tutorial on replicating it, which is located here.
http://www.kirupa.com/developer/flash5/rayoflight.asp
if it's not that effect, write back and let me know what you're talking about.
If so, I built a tutorial on replicating it, which is located here.
http://www.kirupa.com/developer/flash5/rayoflight.asp
if it's not that effect, write back and let me know what you're talking about.
more...
paskal
06-20 12:52 AM
my knowledge is also limited...
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
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amoljak
03-22 11:13 AM
I think he was talking about s1932... the immigration related provisions were removed from that in the conference. You need inform them that they should at least get behind the Frist bill or Spector bill and request them to support removing the hard limits on the country quotas.
Some talking points may be:
Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.
Some talking points may be:
Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.
more...
old_hat
04-18 04:47 PM
Any details that can be helpful for others?
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vamsi_poondla
09-21 03:18 PM
Employer cannot revoke I-140 application after 180 days of filling I-485. No matter what the scenario is.
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
Can someone use AC21 if the I-140 is not approved? I think it is risky because employer can revoke I-140 and you will be OOS
more...
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HRPRO
02-23 10:46 AM
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
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pappu
04-10 12:16 PM
Seems like a good tool.. But couldn't sort out by Nationality or country of chargeability.. The EB1/EB2 category works fine.. Not sure if its tracker issue.. or I am doing something wrong.. or missing any info in my tracker details...
We are fixing all the bugs. If you find any bug do report to us in PM. If you want a feature to be added, send us a PM.
We are fixing all the bugs. If you find any bug do report to us in PM. If you want a feature to be added, send us a PM.
more...
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rvr_jcop
02-17 10:57 PM
I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.
Please share your thoughts...
Thanks
You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.
Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1
Please share your thoughts...
Thanks
You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.
Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1
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andycool
12-28 10:10 AM
Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94
Thanks
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94
Thanks
more...
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coopheal
01-01 01:46 PM
dude couple reasons listed above, other reasons from the various posts on this topic.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
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ashkam
10-16 01:27 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Aug 15
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing ( receipt date)
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
She needs EAD approval and the physical card present with her
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
No idea.
- Would I get the fingerprinting notice directly or would my employer receive it?
You will receive it
- What other formalities would be left after (assuming) 485/765 are approved?
Wait for the green card
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).
There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Aug 15
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing ( receipt date)
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
She needs EAD approval and the physical card present with her
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
No idea.
- Would I get the fingerprinting notice directly or would my employer receive it?
You will receive it
- What other formalities would be left after (assuming) 485/765 are approved?
Wait for the green card
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).
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gdilla
02-28 11:59 AM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
ramaonline
03-24 03:16 PM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
cinqsit
10-10 07:55 AM
I have requested again for the screenshot mentioning the same and waiting on a response. You do seem to have an idea how it looks like, if you dont mind, would you be able to post a screenshot with all information greyed out. With that handy, if they come back with, 'no way' I can go back at them hard saying they are BS'ing me and call their bluff.
Thanks again!
If I were you I wont try and get confrontational with the employer HR or attorneys as
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks again!
If I were you I wont try and get confrontational with the employer HR or attorneys as
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
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