meridiani.planum
07-28 02:48 AM
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...
Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.
apt29
08-17 02:59 PM
Thanks Kondur_007,
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
Once get a job offer, or intended join date:
You need to do a Change of Status from h4 to h1 with USCIS again. Your Lawyer should have more details about it. At that time you get a H1 papers with I94 attached and extended. You can get a ssn, once the H1 becomes active. Cannot get SSN for future effective date H1.
I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
Once get a job offer, or intended join date:
You need to do a Change of Status from h4 to h1 with USCIS again. Your Lawyer should have more details about it. At that time you get a H1 papers with I94 attached and extended. You can get a ssn, once the H1 becomes active. Cannot get SSN for future effective date H1.
samcam
05-19 12:48 PM
Welcome to our newest member eb3India...
Robert Kumar
03-08 11:47 AM
my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
Why do u think his H1B got cancelled. Pls share.
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
Why do u think his H1B got cancelled. Pls share.
more...
ram_ram
01-05 10:51 AM
I contributed my 10 cents..Just now.
Ann Ruben
07-23 11:37 PM
The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.
USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:
"Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"
The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.
USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:
"Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"
The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.
more...
chanduv23
12-08 04:03 PM
It will not have much impact if any president comes in the case of immigration. Anyhow most of them are not going to Veto. It is the congress who plays important role. President can just initiate the process. Bush tried his best to pass some immigration reform but divided congress defeated all the bills. Who is the reason? Not just anti immigrants but also pro immigrant groups. Expectation from pro immigrants was too much and in some cases impractical. Anti immigrants used those and defeated every time. Also anti immigrants used division in various groups like legal vs illegal, high skilled vs low skilled and H1 vs green card. Some unbiased leader need to bring a bill which should work compromise at the same time that compromise should benefit all the groups. But unfortunately most congressmen are busy in other works. Next congress is critical for any immigration reform
Please contribute to the OMNIBUS lobbying efforts.
Please contribute to the OMNIBUS lobbying efforts.
amoldc
10-30 04:17 PM
Hello All,
Finally we got all the receipt numbers today. We (I and family) had filed at NSC on July 2; called USCIS today and IO said the data was entered in the system yesterday (Oct 29).. he also gave me and my family's receipt numbers.
This should give all of who are waiting for Receipt Notices some hope !!
I know its very frustrating; but be a little more patient is what I can say at this moment ..! Good things dont come easy is what I learnt from all this exercise..
Thanks all for your inputs and support ..:p
Finally we got all the receipt numbers today. We (I and family) had filed at NSC on July 2; called USCIS today and IO said the data was entered in the system yesterday (Oct 29).. he also gave me and my family's receipt numbers.
This should give all of who are waiting for Receipt Notices some hope !!
I know its very frustrating; but be a little more patient is what I can say at this moment ..! Good things dont come easy is what I learnt from all this exercise..
Thanks all for your inputs and support ..:p
more...
danu2007
08-03 05:34 PM
My I-140 is approved.
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
vin13
03-17 10:19 AM
All,
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?
I will let you guys know what was requested in the RFE as soon as I get it.
RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.
more...
magician7989
09-05 06:52 PM
I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm
kzinjuwadia
05-14 11:38 AM
I made an infopass appt and found out that the case was approved couple of days ago. I hadn't setup the email notification.
more...
dilipb
02-08 05:00 PM
The day I applied that day the PD was current.
Are you joking that I will get my GC soon.
All the last so many months, people have been talking that its going to take about 5-6 years still to get a GC, because there are not much GC VISA numbers available.
Also that date is showing as 19 july 2007. does it mean that they have just picked up my application and started processing and will take few months to process since they have to go thru FBI check etc and all other weird processes?
Does anyone have any hard data that there are any chances soon for getting GC in hand?
Are you joking that I will get my GC soon.
All the last so many months, people have been talking that its going to take about 5-6 years still to get a GC, because there are not much GC VISA numbers available.
Also that date is showing as 19 july 2007. does it mean that they have just picked up my application and started processing and will take few months to process since they have to go thru FBI check etc and all other weird processes?
Does anyone have any hard data that there are any chances soon for getting GC in hand?
casinoroyale
01-15 09:09 AM
I am in the same boat. They are taking way too long to process H1-B extensions.
more...
njdude26
07-03 09:52 AM
Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
sk.aggarwal
03-19 01:50 PM
Still waiting for PWD. My 6th year on H1 including recapture time will end on May 1st 2011. I dont think I will be able to file perm before May.
more...
s416504
08-29 12:24 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
GCMangataHai
10-21 05:24 AM
PSAM,
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.
WaitingForMyGC
01-30 03:18 PM
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
banta4u
07-13 04:23 PM
Looks like the PERMANENT SOLUTION was to allow all applicants to apply for AOS....but it's losing ground, it seems...
Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...
http://blogs.ilw.com/gregsiskind/
>>>>>>>>>>>>
BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.
Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.
An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.
I'll update you as I learn more.
Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...
http://blogs.ilw.com/gregsiskind/
>>>>>>>>>>>>
BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.
Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.
An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.
I'll update you as I learn more.
willgetgc2005
12-14 03:57 PM
Thanks all.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. When you file it online, the category for your wife would be h4.
2. Send it separately please.
3. Send the following after applying online:
a. A print out of the confirmation page that you will get after applying online.
b. 2 Pics each. Put your a# on the back of the pics.
c. A copy of any approval notice showing your current status in USA.
d. A copy of I 485 reciept notice.
e. A copy of old AP (if any).
g. A small letter mentioning why you need the AP.
Thats it and you are all set.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. When you file it online, the category for your wife would be h4.
2. Send it separately please.
3. Send the following after applying online:
a. A print out of the confirmation page that you will get after applying online.
b. 2 Pics each. Put your a# on the back of the pics.
c. A copy of any approval notice showing your current status in USA.
d. A copy of I 485 reciept notice.
e. A copy of old AP (if any).
g. A small letter mentioning why you need the AP.
Thats it and you are all set.