indyanguy
09-11 10:30 AM
So, is MS + 2 the safest way to go? Also, what is the min. salary requirement that DOL accepts if a job requires MS + 2 (say in CA).
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pappu
10-12 08:56 PM
http://www.uscis.gov/files/nativedocuments/USCIS_Monthly_Oct07.pdf
also in the monthly newsletter.
also in the monthly newsletter.
MYGC2008
04-13 10:06 AM
Now a days RFE is very common. I got RFE on sept 2008 even though I am EB2 2006.
Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....
Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....
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SFGREG
February 2nd, 2004, 11:42 PM
Thanks for reply.
so it looks like my nikkor 35-80 af is supported full functionality.
Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
SB26 -> unsure so far (anyone know)
Its still early as we have a few months before release.. Be nice if I could use my current lenses. (and see about this lens that comes with camera for $300 more (if you opt for it)...
Craig
so it looks like my nikkor 35-80 af is supported full functionality.
Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
SB26 -> unsure so far (anyone know)
Its still early as we have a few months before release.. Be nice if I could use my current lenses. (and see about this lens that comes with camera for $300 more (if you opt for it)...
Craig
more...
waitnwatch
05-25 11:28 PM
QGA, Senators and their staff do have my heartfelt thanks. I wonder how we can convey our thanks to all of them in some orderly fashion.
A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.
My two cents.
A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.
My two cents.
vin13
03-11 03:20 PM
Hi All,
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.
I entered US on AP couple of months ago. Passport and AP document are all you need.
At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.
My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
and current pay stubs. All these are supporting documents only if they ask.
Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.
Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.
I entered US on AP couple of months ago. Passport and AP document are all you need.
At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.
My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
and current pay stubs. All these are supporting documents only if they ask.
Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.
Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.
more...
GCAmigo
01-06 06:56 PM
Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.
I agree.. with perm2gc..
PL ask them if they would sponsor the trip & stamping costs..
I agree.. with perm2gc..
PL ask them if they would sponsor the trip & stamping costs..
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rajuram
06-19 09:42 PM
Before posting, please ask yourself if it is worth taking the risk when all you have to do is to wait for months to get travel documents. It is a personal decision!!!
more...
webm
09-25 03:02 PM
If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.
After she starts using the EAD for work then only lose H4 status ....
After she starts using the EAD for work then only lose H4 status ....
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satyakb
03-21 09:32 PM
We would like to Thank every onefor providing detailed advices - considering various aspects of life.
Will surely update the thread when we make a final decision.
Will surely update the thread when we make a final decision.
more...
gc_kaavaali
11-14 10:36 AM
After six months can i do H1 transfer with some other company...just want to be on H1 until i get GC (though it is not practical now because it takes years to get GC)...
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Madhuri
03-17 04:17 PM
Faxed mine yesterday.
more...
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sirinme
07-29 10:29 AM
This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.
Two other issues could be:
2. You need recent salary statements for EAD renewal every year.
Two other issues could be:
2. You need recent salary statements for EAD renewal every year.
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Mohit_Malkani
10-08 11:13 AM
Sorry to hear about your situation.
Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.
I have also pasted it here in case you dont get to the website
All the best.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.
I have also pasted it here in case you dont get to the website
All the best.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
more...
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frostrated
04-09 04:49 PM
i would say efile. You will get the file number immediately as opposed to the mai taking a couple of days to travel and then getting processed into the system. Ultimately, there might be a difference of upto 7 days between case numbers. The earlier your case number, the more advanageous your position will be.
Just my 2 cents.
Just my 2 cents.
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chaks7
01-19 04:10 PM
My wife's co. provides health insurance for both of us. We are both on H1-B.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
more...
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Anders �stberg
June 19th, 2005, 09:29 AM
A bit better but still a little grey. I don't think you can get detail on the chest area for instance and keep the blacks looking black on the rest of the bird.
I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.
I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.
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logiclife
01-24 11:31 AM
If that is a problem...you know...thousands more filing 485 and swamping/drowning/choking/killing CIS, then maybe, in that case, we should not be pushing for SKIL bill also. Correct?
Because :
What happens if 485 filing is allowed?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
What happens if SKIL bill passes?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?
So maybe we should not push for SKIL bill also.
And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.
Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?
Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?
Because :
What happens if 485 filing is allowed?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
What happens if SKIL bill passes?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?
So maybe we should not push for SKIL bill also.
And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.
Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?
Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?
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shirish
10-15 12:30 PM
Received FP notice, Transfer notice and EAD cards on saturday.
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - lawyer received all the receipts - Transfer notice received.
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
EAD cards - Received
FP Notice - received.
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - lawyer received all the receipts - Transfer notice received.
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
EAD cards - Received
FP Notice - received.
plassey
07-23 10:39 PM
Bad situtation, I think. Happening with one of my freind too.
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
texcan
07-29 09:53 PM
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
Chandu and Gurus
I am curious to know how long can one stay out of job on an EAD. My case being 485 applied in july 2007 , 140 is already approved and its been about a year since 485 application.
So does the law says that one has to stay in employment or one can relax and take it easy for a little bit.
thanks in advance
-d
Chandu and Gurus
I am curious to know how long can one stay out of job on an EAD. My case being 485 applied in july 2007 , 140 is already approved and its been about a year since 485 application.
So does the law says that one has to stay in employment or one can relax and take it easy for a little bit.
thanks in advance
-d
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