coolmanasip
08-16 02:26 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
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gnutin
05-05 10:40 AM
I'm currently on h1b, with PERM approved and I-140 filing in progress.
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
csirigam
02-18 10:24 AM
We filed back in June'07 and received secong finger printing requests last week.
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snram4
08-04 06:26 AM
SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.
I received the same email too.What a pity.....
I received the same email too.What a pity.....
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glus
11-13 11:22 AM
Hi,
I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:
Dear Mr. XXXXX:
The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.
LMH
Legal Net
Visa Office
Department of State
I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:
Dear Mr. XXXXX:
The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.
LMH
Legal Net
Visa Office
Department of State
ajju
08-31 01:29 PM
I'm a Jul 02 filer and I received the 485 and 765 notices recently.
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...
more...
japs19
02-20 01:13 PM
Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?
A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.
I suggest option 1 is the best and works for almost everyone.
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
If you have smart lawyer, there should not be any issue.
Good luck ....:)
A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.
I suggest option 1 is the best and works for almost everyone.
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
If you have smart lawyer, there should not be any issue.
Good luck ....:)
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cooldudesfo
12-16 07:05 PM
Thanks a lot for the information.
While coming back is fine as I will be either using AP or will get VISA stamped on my passport.
Thanks again.
While coming back is fine as I will be either using AP or will get VISA stamped on my passport.
Thanks again.
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GCBy3000
07-26 04:09 PM
Is this good or bad? We dont have even one single person with negative attitude. At least that is good.
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
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alex99
09-28 09:22 AM
any body in the same boat?
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mhtanim
03-03 03:26 PM
Well.. either way they are making things more opaque.
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nashim
09-04 01:36 PM
Attorney needs to ask for PD porting while applying new I140. Once new I140 is approved with old PD then send a interfiling letter along with a copy of new approved I140 for adjustment of the pending I485 which is based on old I140.
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krogot
02-15 07:00 PM
We're both from Russia, and a friend of mine got his GC in about of 1.5 years, he is from Russia too.
My PERM process took about 10 month and my I-140 has not been filed yet, when you say "the expense of redoing PERM", how much it would cost the company?
My PERM process took about 10 month and my I-140 has not been filed yet, when you say "the expense of redoing PERM", how much it would cost the company?
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EB3_SEP04
07-16 04:40 PM
No it is the same company
First of all congrats!
My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021
http://www.onetcodeconnector.org/ccreport/15-1021.00
The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.
Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).
First of all congrats!
My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021
http://www.onetcodeconnector.org/ccreport/15-1021.00
The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.
Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).
more...
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scorpioduo
04-16 03:58 PM
EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.
I agree with GC Struggle here....
I agree with GC Struggle here....
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krishmunn
12-23 09:35 AM
There is one option which you can try. Take a online appointment at one of the consulates in Mexico. It costs $8 or so. They ask to send the 797 by fax before the appointment date. Presumably they ask for the 797 to do a PIMS verification. I do not know if that helps in confirming PIMS but for $8 , it is worth taking this additional step.
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jgh_res
06-22 11:28 AM
What do you think? Any guesses?
Along with the data you entered?? :confused:
Along with the data you entered?? :confused:
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gconmymind
02-29 01:00 PM
Just ask your company to furnish all financial evidence asked for, like Tax statements, Revenue, etc. This is a one of the more common queries for 140. Dont worry too much and respond as soon as you can.
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PD_Dec2002
06-12 07:18 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
ajay
12-24 11:38 AM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
spicy_guy
09-04 06:01 PM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
