rajuseattle
07-14 05:31 PM
ajthakur,
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
wallpaper cute friendship quotes sayings
paskal
07-03 09:51 AM
...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?
i think it's an interesting discussion, but what would you say to the argument that if immigration artificially inflates the numbers of small countries beyond their real populations and ends up penalizing larger countries. in other words it creates and artificial distribution favoring certain parts of the world...is that really the goal? is is good? s it fair? it's a monopoly in the reverse way- excess opportunity for an individual from certain countries.
when the quotas were originally made, they had exactly that idea- and the motive was explicitly racist. times have changed. so should the antiquated laws.
i think it's an interesting discussion, but what would you say to the argument that if immigration artificially inflates the numbers of small countries beyond their real populations and ends up penalizing larger countries. in other words it creates and artificial distribution favoring certain parts of the world...is that really the goal? is is good? s it fair? it's a monopoly in the reverse way- excess opportunity for an individual from certain countries.
when the quotas were originally made, they had exactly that idea- and the motive was explicitly racist. times have changed. so should the antiquated laws.
Openarms
10-17 11:23 AM
Notarized & mailed my FOIA letter yesterday.
2011 i love you quotes sayings. i
chintu25
07-09 03:11 PM
Way to Go Azulay Horn & Seiden, LLC
Rock On We are with u :) :cool:
Rock On We are with u :) :cool:
more...
starscream
02-18 04:27 PM
I did not find any section specificcaly about ending EB or ending H1B , the only reference to H1b is in SEC. 1403. that is for fashion models:
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MODELS.
(a) Elimination of H-1B Classification for Fashion Models-
http://www.opencongress.org/bill/111-h264/show
This bill is ending H1B for sure, but how will people get EB when there is no h1B or H1B renewal to wait for EB.
Please add your views about this bill.
Also, is there a IL chapter for IV?
BharatPremi
03-17 01:03 PM
Does anyone know how many applicants convereted from EB3 to EB2 ?
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
Porting from Eb3 to Eb2, at first glance looks like advantageous to remained lot of EB3 as it seems to be shortened the queue but one factor spilling over from ROW to EB2 first w.r.t EB3 kills that "virtual" advantage proprtionately (if not 100%).
I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.
Porting from Eb3 to Eb2, at first glance looks like advantageous to remained lot of EB3 as it seems to be shortened the queue but one factor spilling over from ROW to EB2 first w.r.t EB3 kills that "virtual" advantage proprtionately (if not 100%).
more...
eb3_nepa
07-05 01:46 PM
OK, you two, I see what you're saying. So one has to pay for the right to start a new thread. In that case those who have questions will start PMing those who seem to know stuff or going offtopic in random threads.
1) Moderators have the ability to delete stuff and the rest of the IV members need to smart up and not answer off-topic questions
2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)
1) Moderators have the ability to delete stuff and the rest of the IV members need to smart up and not answer off-topic questions
2) About PMs. It is up to the receiver of the PM whether to answer it or not. EVEN better NO PM for non paid members :)
2010 quotes and sayings about
Caliber
03-12 02:21 PM
No one is accusing IV
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate (http://immigrationvoice.org/forum/#) for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
Is this not called accusing?
For a rally, we will need several thousands of dollars and 100's of volunteers for several days. I am from NJ. We know how much we struggled to get even half bus filled for 2007 rally.
If you are so seiuos about a rally, start a poll how many are willing to attend on a week day and how much each will contribute Monetarily as well as time and effort.
I have a question for Paapu and IV?
WHAT are you all doing? you want our money and our involvement for what?
FOR THIS? ALSO DONOR FORUM IS FOR THIS?
Pappu if you cannot run this organization, please close it, but don't ask of any IV non donor to donate (http://immigrationvoice.org/forum/#) for the cause, I proposed to you about holding a rally, IT IS A SHAME this organization FAILED to do ANYTHING AFTER 2007.
ILLEGALS ARE BETTER THAN US, SHAME ON US.
AND SHAME ON YOU GUYS.
Is this not called accusing?
For a rally, we will need several thousands of dollars and 100's of volunteers for several days. I am from NJ. We know how much we struggled to get even half bus filled for 2007 rally.
If you are so seiuos about a rally, start a poll how many are willing to attend on a week day and how much each will contribute Monetarily as well as time and effort.
more...
anjs
08-10 09:56 PM
I am in for this.
anjs
anjs
hair funny quotes sayings
deepimpact
09-10 01:04 PM
I thinkThis year will be good for EB3.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.
CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.
If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.
I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.
more...
Better_Days
03-09 04:33 PM
I came in 1999 and filed GC atleast 5 times (every time sometthing went bad), spent atleast 30,000 dollars. Applied for immigration to Australia and got rejected so the anguish is natural.
If you don't mind my asking: why did u get rejected for Australian Immigration? From my understanding, it is a pretty straightforward process?
If you don't mind my asking: why did u get rejected for Australian Immigration? From my understanding, it is a pretty straightforward process?
hot cute love quotes and sayings
gcbeku
08-10 03:35 PM
I think this is a brilliant idea and might even fly esp because it still preserves USCIS/DOS EB caste system while providin some relief to the EB3s.
While porting is still an option, it is in EB3 filers' interest to push forward on this idea.
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
While porting is still an option, it is in EB3 filers' interest to push forward on this idea.
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
more...
house funny quotes and sayings about
yabadaba
01-18 03:35 PM
http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf
This will help you understand the law...you didnt have to answer the police officer.
This will help you understand the law...you didnt have to answer the police officer.
tattoo dresses funny quotes sayings.
msgrewal81
02-18 08:39 PM
Overall, it is better if this bill dont pass:
1. It makes LC very very difficult
2. It brings illegals who apply infront of legals who apply after the bill passes. So, the backlog will be infinite.
So, in all maybe it is better if this bill fails. It is good for illegals and bad for legals.
1. It makes LC very very difficult
2. It brings illegals who apply infront of legals who apply after the bill passes. So, the backlog will be infinite.
So, in all maybe it is better if this bill fails. It is good for illegals and bad for legals.
more...
pictures quotes for memories. quotes
immig4me
03-07 08:59 AM
/\/\/\/\/\/\/
dresses funny quotes sayings. funny
crystal
02-15 04:19 PM
Are you sure this is the reason why they have per country limits :confused:
Or you dont want that way :D
It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
Or you dont want that way :D
It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
more...
makeup funny love quotes and sayings.
EB2_Jun03_dude
04-25 10:49 AM
Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
girlfriend love quotes sayings and poems.
mirage
02-08 05:49 PM
we are having a conference call at 6 PM EST today, please me for conf. cal details..
Thanks
Thanks
hairstyles Osho Short Quotes and Sayings
lazycis
01-19 07:35 AM
Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
That was exactly my thought! I think people who say it's illegal to make a copy and provide it for other than personal use should give us a reference to the applicable law, I am not aware of the specific law regarding this. If anybody could point out the source of information, that would be great.
BTW, here is the quote from the Department of State website
http://travel.state.gov/travel/tips/emergencies/emergencies_1197.html
"If you can provide the U.S. embassy or consulate with a photocopy of your passport identification page, that will make getting a new passport easier since your citizenship and identity information would be more readily available."
That was exactly my thought! I think people who say it's illegal to make a copy and provide it for other than personal use should give us a reference to the applicable law, I am not aware of the specific law regarding this. If anybody could point out the source of information, that would be great.
BTW, here is the quote from the Department of State website
http://travel.state.gov/travel/tips/emergencies/emergencies_1197.html
"If you can provide the U.S. embassy or consulate with a photocopy of your passport identification page, that will make getting a new passport easier since your citizenship and identity information would be more readily available."
mantric
02-17 05:07 AM
canuck has a point, although his wording is not the best.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
sprash
02-02 02:46 PM
Hmm I'm still not sure I follow.
(Sorry if this a newbie question)
So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?
Wouldn't that be so easy to get?
(Sorry if this a newbie question)
So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?
Wouldn't that be so easy to get?
0 comments:
Post a Comment