stxvr
07-07 04:24 PM
I am on H1B. I am palnning to file AOS. Category F1 is Child of unmarried son of US citizen(family based).
The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
I have following question.
My questions:
1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)
The LCA and Petition papers used for the my H1 Visa (at consulate interview) has the Job Title Programmer I and location A. But before coming to USA I got reassigned and I got a new LCA from the company (I got new LCA in India itself). Recently I looked into that New LCA it has recorded my Job Title as Programmer II and my current location location B.
I have following question.
My questions:
1. Does this Probrammer I/ Probrammer II change in LCAs affects my AOS.
2. If my oroginal petition and LCA has the job title programmer I and after that I got new LCA for new location with Job title programmer II than it is OK Or I must have to have the job title programmer I (same as matching with original petition)
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Scythe
11-28 03:10 PM
Oh, you :fab:
rakeshverma72
03-30 12:44 PM
PD: 06/26/2006
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
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jr8rdt
11-12 05:32 PM
1) To invoke ac21 do you have to have EAD and ...
a) I-140 approved and 485 pending 180 days or more OR
b) I-140 pending and 485 pending 180 days or more
2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...
Thanks
a) I-140 approved and 485 pending 180 days or more OR
b) I-140 pending and 485 pending 180 days or more
2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...
Thanks
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logiclife
04-07 08:55 PM
For more than a decade of congressional majority and 6 years of white house, everyone has been accusing Republicans of being close to big business.
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
NKR
09-22 09:00 AM
Thats what GC means to me.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
.
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
.
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.
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Imigrait
09-07 02:15 PM
ok........ After thinking about it for a while, I think I have the answer now.
What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.
What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.
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mpadapa
03-24 01:31 PM
Excellent Job, Mark.
U'r response was crisp. Thanks to caller Andy for clarifying few things
U'r response was crisp. Thanks to caller Andy for clarifying few things
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kak1978
08-04 04:46 PM
gchopes,
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
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Chicago Desi
10-18 11:45 AM
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
--- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
--- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:
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nozerd
02-25 03:57 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
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sujan_vatrapu
01-22 02:30 PM
Why should we fight about every issue that is posted? Cant we debate it like mature people? This tendency to fight (and get emotional) over irrelevant issues will not help us any better.
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
i totally agree, we should always listen to people with different opinions which makes us more rational, i also agree with your point that we should not compare NRIs with general population here, parenting in every culture has its pros and cons, we should look at each of it and take out good,
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
i totally agree, we should always listen to people with different opinions which makes us more rational, i also agree with your point that we should not compare NRIs with general population here, parenting in every culture has its pros and cons, we should look at each of it and take out good,
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GooblyWoobly
07-18 06:56 PM
I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.
New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.
New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.
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gccube
03-19 04:14 PM
Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
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centaur
02-07 05:14 PM
Just put in my year.
When you sign for membership, there is a question you answer about EB category and PD, so I guess all 8600+ members have that. I mean we already have the information and most of the members seem to be in S/W.
Is there anyway we can use this information thats in out database already, to come up with numbers? I assume that it should be do-able, however I am practically ignorant when it comes to computers. I mean I can use word and surf on the net, but thats it, but among all the experts we have here, maybe someone can work something out.
When you sign for membership, there is a question you answer about EB category and PD, so I guess all 8600+ members have that. I mean we already have the information and most of the members seem to be in S/W.
Is there anyway we can use this information thats in out database already, to come up with numbers? I assume that it should be do-able, however I am practically ignorant when it comes to computers. I mean I can use word and surf on the net, but thats it, but among all the experts we have here, maybe someone can work something out.
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hemasar
05-05 08:29 AM
Hi,
What is the e-Mail address for PBEC to apply for screenshot of proof of pending LC? What are the details I have to send them?
What is the e-Mail address for PBEC to apply for screenshot of proof of pending LC? What are the details I have to send them?
more...
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Jaime
08-17 01:01 AM
The HSMP looks very attractive if you don't know the details. Yes, you get a visa even without a job offer but they give you only one year to find a job. After 1 year in the UK you'd better have a job or you will most likely send you back to your home country (you go through a government review after 1 year). Of course, if you find a good job during that first year you should be OK.
The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)
The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)
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Siddharta
09-26 12:02 AM
1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
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sb15
01-31 10:25 PM
Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)
If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..
All the best..
BTW what is your service center, NSC or Texas ?
Thanks
sb
If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..
All the best..
BTW what is your service center, NSC or Texas ?
Thanks
sb
GCwaitforever
03-17 12:53 PM
First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
TeddyKoochu
10-15 08:29 AM
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
gc_on_demand - Here are the links from other sites.
From Ron Gotcher's Forum
http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html
I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.
I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.
skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
gc_on_demand - Here are the links from other sites.
From Ron Gotcher's Forum
http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html
I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.
I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.
skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.
