sledge_hammer
07-01 12:43 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
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abhijitp
02-14 05:06 PM
Great to see this thread... gotta keep it on top!
TOGETHER, WE SHALL BRING HOME THE TROPHY!
TOGETHER, WE SHALL BRING HOME THE TROPHY!
lagsam
07-22 07:26 PM
We have the same case. Our AP's (mine, my wife's and daughter's) are expiring next month. Fortunately, I have a close friend and an immigration attorney.
He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.
Three of us are paroled.
He also explained that it will not affect your AOS.
I hope I was able to help you.
FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.
Goodluck
He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.
Three of us are paroled.
He also explained that it will not affect your AOS.
I hope I was able to help you.
FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.
Goodluck
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fromnaija
08-04 03:27 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?
The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.
PS:
Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.
The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.
PS:
Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.
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it is ok
05-18 05:27 PM
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?
But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?
raysaikat
07-24 08:48 AM
firstly, thanks for replying.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
more...
indianindian2006
02-17 10:59 AM
Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?
The reason for only him reporting so far could be that it was a Southern California chapter meeting and he is the local attorney out there.
The reason for only him reporting so far could be that it was a Southern California chapter meeting and he is the local attorney out there.
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chanduv23
08-02 05:30 PM
create a yahoogroups or googlegroups and start adding people in, maybe you can have one group for FL initially and then divide norrth and south
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dngoyal
07-27 02:32 PM
Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
Is it OK.
Please confirm.
Thanks for the earlier reply.
Is it OK.
Please confirm.
Thanks for the earlier reply.
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vbkris77
04-22 11:20 PM
First of all, this is a wrong forum to went our your points about illegals.. We in IV encourage a legal immigration. But the moment we start excluding people, the list can go on and on.. You start with so called illegasl today (with due sympathy for using that word..), but this exclusion will go on to legals, new doctors, engineers willing to come, settle and work in USA. Remember this is a land of immigrants. If you have any doubt, just look at the new bills introduced by senators to effectively kill H1B program the only legal option for most educated to come to US.
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
more...
shsk
07-16 11:36 PM
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
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annsheila79
04-21 10:08 PM
enjoy food.. best place to enjoy all sorts of food in US
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raju123
05-15 10:45 AM
^^^^^ Please vote here
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
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pa_arora
09-19 12:56 PM
I think we should all post our unfortunate, painful stories to the newspapers and TV news channels.
We need to make ourselves herd. I don't think making some noise and gaining bit high profile will hurt us.
I have a collection of the emailid, let me know if this is fine with u guys, I will post it here.
We need to make ourselves herd. I don't think making some noise and gaining bit high profile will hurt us.
I have a collection of the emailid, let me know if this is fine with u guys, I will post it here.
more...
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ivar
02-07 09:41 AM
Congratulations Ivar.
Thank you, Pappu, tonyHK12, amitjoey, tushbush, gk_2000, manish1905, larun, extra_mint.
Thank you, Pappu, tonyHK12, amitjoey, tushbush, gk_2000, manish1905, larun, extra_mint.
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Munna Bhai
03-24 01:55 PM
audio streaming archives are available 1 to 2 hours after the show. Check here http://wamu.org/programs/kn/08/03/24.php#20155.
Our segment was about 40 minutes in. My web streamer won't allow fast forward, don't know if limitation is the client or the server. Robert and Ron go through the standard Pro / Anti H1B arguments for the first 40 minutes. I didn't want to be part of that.
I hate listening to my own voice, thanks for the complements, it will make listening to my own voice less cringing.
Mark,
Thank you very very much for this great initiative. It was a wonderful work.
-M
Our segment was about 40 minutes in. My web streamer won't allow fast forward, don't know if limitation is the client or the server. Robert and Ron go through the standard Pro / Anti H1B arguments for the first 40 minutes. I didn't want to be part of that.
I hate listening to my own voice, thanks for the complements, it will make listening to my own voice less cringing.
Mark,
Thank you very very much for this great initiative. It was a wonderful work.
-M
more...
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andy garcia
11-10 09:30 PM
Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.
FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)
That total also includes Asylum/refugee, DV lottery and Immediate Relatives.
FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)
That total also includes Asylum/refugee, DV lottery and Immediate Relatives.
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needhelp!
08-24 10:34 AM
Listen Live: http://www.wpr.org/webcasting/live.cfm
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
had a hard time figuring out that I had to click on the Ideas Network in the second column. I guess its over now.
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
had a hard time figuring out that I had to click on the Ideas Network in the second column. I guess its over now.
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chanduv23
03-14 06:50 AM
If someone completes their residency in US and gets a license to practice medicine, will this MD degree be valid in Canada and Australia?
My wife is doing her residency and due to this retrogression we want to have a plan B, and for plan B we want to know if it is worth moving to Canada or Australia after she completes her Residency? While I am in IT, I think the job scene is almost same everywhere which is based on experience.
I am sure a lot of IV members are physicians and would be looking into these options also. Please share your thoughts.
My wife is doing her residency and due to this retrogression we want to have a plan B, and for plan B we want to know if it is worth moving to Canada or Australia after she completes her Residency? While I am in IT, I think the job scene is almost same everywhere which is based on experience.
I am sure a lot of IV members are physicians and would be looking into these options also. Please share your thoughts.
pariraj
08-26 02:21 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
gcretroiv
01-30 11:08 PM
United Nations, Pls help Immigration Voice.
we know your capability.
BTW, sorry for some members rude behaviour towards you.
Probably they may not know about your role in
immigrationportal.com and they may not even know how you helped lot of guys with I140 ability to pay issues.
Hi Guys, pls encourage good people like United Nations to help us.
He will be good asset for us to utilize his time and service.
He has an amazing knowledge in immigration matters.
Need not to say, knowledge is power, in present era.
we know your capability.
BTW, sorry for some members rude behaviour towards you.
Probably they may not know about your role in
immigrationportal.com and they may not even know how you helped lot of guys with I140 ability to pay issues.
Hi Guys, pls encourage good people like United Nations to help us.
He will be good asset for us to utilize his time and service.
He has an amazing knowledge in immigration matters.
Need not to say, knowledge is power, in present era.
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