transpass
03-16 03:57 AM
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
If you have the same job with similar job duties, one thing you can do is as follows...
Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
If you have the same job with similar job duties, one thing you can do is as follows...
Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...
sangeethak31
07-14 08:53 PM
Thanks for the quick response...
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
baba84
04-26 03:28 PM
what does your lawyer say about the matter?
eb3retro
06-19 10:07 PM
Hi
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
more...
drirshad
04-18 11:18 PM
http://hammondlawgroup.blogspot.com/
Friday, April 13, 2007
Bills Introduced
There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.
The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.
The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.
Both bills shortly should be available on THOMAS.
UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.
Friday, April 13, 2007
Bills Introduced
There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.
The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.
The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.
Both bills shortly should be available on THOMAS.
UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.
sreenivas11
10-03 05:10 PM
Now they are implementing in VA State too
more...
coopheal
11-08 12:56 PM
The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
InTheMoment
04-09 08:58 PM
I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
more...
Rockford
07-17 02:29 PM
OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.
Thanks, but keep moving.
I have seen some credible comments in the past. You are right , Greg is looking to IV for updates on this , so I would not expect any authoritative news from him either. This comment seemed more real in the light of new AILA comments.
BTW , I like your signature :)
Thanks, but keep moving.
I have seen some credible comments in the past. You are right , Greg is looking to IV for updates on this , so I would not expect any authoritative news from him either. This comment seemed more real in the light of new AILA comments.
BTW , I like your signature :)
BharatPremi
09-22 09:40 PM
Gurus,
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
more...
SandeR2
03-23 03:15 AM
Hey i dont see my entrie in the list :( or do I need to submit it as a new piece.
pappu
08-10 04:09 PM
My GC is approved but still I want to continue my contribution (in steps of $20) for this good cause....However, I dont see any $20 contributions for last couple of weeks..Is it possible to start contribution of $20 for guy like me who have GC & wants to help for this cause?
Congrats on your GC and thanks for your support.
We took out the $20 per month option. We had that option for $20 per month for 6 months and only 200+ people signed up out of several thousand members who visit the site everyday. This happened when we announced that we may have to close this site and our work for lack of funds. After seeing lack of appreciation from members, running an organization and putting effort then seems useless to us in the core team. Why should we spend so much time and energy on something that only few people appreciate out of thousands in this community? Why should we run an organization where only a handful want to help out and everyone else is only interested in asking questions, complaining , picking up fights with others, criticizing IV?
Many people wrote to us saying $20 is too high and it should be reduced to $10 or even $1 per month and then everyone will contribute.
So pls tell us how we can survive with such amounts when others are spending hundreds or thousands and millions to prevent our bill?
Lack of funds affect our ability to go all out and get the work done. Lobbying is no charity. So unless each and every member feels to contribute from his/her heart contributions will not happen.
Previously people used to ask our achievements and say that they will contribute only after they see some results. We have given a few results till now and demonstrated commitment to the cause. If people are still not going to contribute, then such people will never contribute. We value everyone that has contributed and anyone who contributes in times of need.
Congrats on your GC and thanks for your support.
We took out the $20 per month option. We had that option for $20 per month for 6 months and only 200+ people signed up out of several thousand members who visit the site everyday. This happened when we announced that we may have to close this site and our work for lack of funds. After seeing lack of appreciation from members, running an organization and putting effort then seems useless to us in the core team. Why should we spend so much time and energy on something that only few people appreciate out of thousands in this community? Why should we run an organization where only a handful want to help out and everyone else is only interested in asking questions, complaining , picking up fights with others, criticizing IV?
Many people wrote to us saying $20 is too high and it should be reduced to $10 or even $1 per month and then everyone will contribute.
So pls tell us how we can survive with such amounts when others are spending hundreds or thousands and millions to prevent our bill?
Lack of funds affect our ability to go all out and get the work done. Lobbying is no charity. So unless each and every member feels to contribute from his/her heart contributions will not happen.
Previously people used to ask our achievements and say that they will contribute only after they see some results. We have given a few results till now and demonstrated commitment to the cause. If people are still not going to contribute, then such people will never contribute. We value everyone that has contributed and anyone who contributes in times of need.
more...
gc007
11-19 04:47 PM
Did he say anything about how many trips abroad you can make with the 2 approvals he gave back?
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
My lawyer says I should apply for more AP's if I need to make more trips abroad than the # of approvals that I have.
SO I'm wondering how many approvals does one trip take?
Because if you have two stamped approvals with you ,a person with 2 initial approvals will have one stamped approval with him.
So will he be able to make another trip abroad?
Thank you.
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
dbevis
October 27th, 2003, 07:41 AM
Some shots from yeasterday at and around the Delaware Water Gap:
http://www.pbase.com/image/22684252
I really like that waterfall shot.
http://www.pbase.com/image/22684252
I really like that waterfall shot.
more...
rsharma
07-23 09:49 PM
I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
ns33
03-18 04:22 PM
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
more...
chantu
06-15 09:26 AM
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
guesswho
06-11 03:09 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
cableching
10-20 11:44 AM
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.
I read it somewhere! Just take openion of a good lawyer, before taking such an action.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go out of Country after applying for an AP, using an old unexpired AP, but you must return before the old AP expires??? This is what I read somewhere. You may not be able to use the New AP which is approved after you leave the country.
I read it somewhere! Just take openion of a good lawyer, before taking such an action.
Pagal
04-21 07:21 PM
Hello,
Welcome to Houston! There are many options for living ... though traditionally Indians have preferred Sugarland, other neighborhoods (e.g. Pearland, Katy) are nice as well ... my recommendation would be to rent an apartment in Riveroaks area first (very nice neighborhood) while you look around ...
Welcome to Houston! There are many options for living ... though traditionally Indians have preferred Sugarland, other neighborhoods (e.g. Pearland, Katy) are nice as well ... my recommendation would be to rent an apartment in Riveroaks area first (very nice neighborhood) while you look around ...
ksrk
09-16 05:52 PM
Managed to call 10 on the list (including all representating state of residence). Will call more as soon as the next meeting gets over at work.
General response has been non-committal. Most aides/members of Congressperson's office couldn't/wouldn't share Congressperson's position on the bill. Sounds like a touchy issue for them.
Well, we'll keep calling till they recognize we mean business.
Go IV!!!
General response has been non-committal. Most aides/members of Congressperson's office couldn't/wouldn't share Congressperson's position on the bill. Sounds like a touchy issue for them.
Well, we'll keep calling till they recognize we mean business.
Go IV!!!
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