suhanya
08-15 04:47 PM
my non-lawyerly suggestion: do not file ac21 until well into whichever job you takel
I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.
by the way, what is your PD?
hope this helps.
My priority date is Feb 28 2005
I have read on various forums that there is no necessity to notify unless there is an RFE, but to maintain appropriate evidence at all times. you may want to consider doing that until you are well settled in whichever job you take.
by the way, what is your PD?
hope this helps.
My priority date is Feb 28 2005
wallpaper She became a dance-floor
sunty
12-01 12:19 PM
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
So, in essence USCIS/DOS are allowed to bend the law since there workloads would increase and their systems are not sophisticated enough to implement this. I guess there is no point in raising this issue anymore...:(
abd
04-04 02:24 PM
Sent both the faxes.
:)
:)
2011 for this hot dance track!
mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
more...
sku
12-18 07:32 PM
I filed my I-485 on 2nd July 2007, My 180 days completes on 29th Dec 2007
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
more...
rameshk75
02-12 03:40 PM
Thanks for the info.
2010 and Fergie#39;s next movie
chakdepatte
10-29 10:32 AM
been 90+ days no news on AP. called USCIS for delay and now I get an email about RFE on me and my wifes AP.
any ideas, what type of RFE's being issued for APs?
response will be greatly appreciated.
-Chakdepatte.
any ideas, what type of RFE's being issued for APs?
response will be greatly appreciated.
-Chakdepatte.
more...
ashrek
03-21 09:42 PM
Anyone from SC?
hair Fergie smolders at the
gcisadawg
03-26 02:59 PM
many other states including mine has this requirement after 9/11. They require latest(within 1 month) employer letter saying what my name and address is and I work for them.
I have used it atleast 3 times before.......
When I went for renewal in MD, I was asked "Do you have $30?"....That plus about-to-be expired DL got me a new license valid for five years.
I have used it atleast 3 times before.......
When I went for renewal in MD, I was asked "Do you have $30?"....That plus about-to-be expired DL got me a new license valid for five years.
more...
drona
08-28 06:00 PM
I have sent you a PM.
hot 26 Fergie Plans to Take Time
nousername
11-19 05:04 PM
To begin with let me say that I have earned my masters from the US but still I'm not in favor of this idea simply because getting a masters from the US does in no way prove that US needs us more than others (in light of EB law), or we are any smarter or more capable than people who did masters or even under grad from their home country..
Besides this will further divide the community which as is divided.
Just my 2 cents.
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
Besides this will further divide the community which as is divided.
Just my 2 cents.
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
more...
house Fergie on her Super Bowl
GCplease
02-29 01:54 PM
Mailed mine and 2 of my co-workers' letters to IV on 2/26/08.
Already sent them to the White House a couple of weeks ago.
Already sent them to the White House a couple of weeks ago.
tattoo Fergie-
lordoftherings
07-16 11:59 PM
This is the same argument used by anti-immigrants.
I am a nurse so we better flood the job market; don't you think so?
Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.
lotr
I am a nurse so we better flood the job market; don't you think so?
Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.
lotr
more...
pictures I like objectifying Fergie and
h12gc
09-21 05:26 PM
Hello Dear IV california members,
First I want to congratulate all you guys for the success of the rally.I have recently joined this group and contributed $100 towards the rally.Now on wards i want to be active member of this group.I live in Sunnyvale,CA.I will give my best for this cause.I want to be part of California chapter activities.As i said i'm a new member i'm not aware of all the activities involved in chapter.If any one can message me their contact no.i will call you guys and discuss future course of action.
Thanks,
h12gc
First I want to congratulate all you guys for the success of the rally.I have recently joined this group and contributed $100 towards the rally.Now on wards i want to be active member of this group.I live in Sunnyvale,CA.I will give my best for this cause.I want to be part of California chapter activities.As i said i'm a new member i'm not aware of all the activities involved in chapter.If any one can message me their contact no.i will call you guys and discuss future course of action.
Thanks,
h12gc
dresses he couldn#39;t sing, dance,
WaitingForMyGC
02-11 10:23 AM
On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,
I believe in VLD Rao. He gives me hope. :-)
I believe in VLD Rao. He gives me hope. :-)
more...
makeup Black Eyed Peas Fergie was
vbkris77
11-30 10:46 PM
If Ron were to look at the state dept. allocation for S. Korea in 2008, they got most of 7% in EB. The number was close to 25K.
girlfriend Fergie tones things down with
Sunx_2004
10-24 12:22 PM
Optimystic,
Are you working for same company since 2001 or you invoke AC21, Can you please share us the detail of RFE (if you can).
thnx
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
Are you working for same company since 2001 or you invoke AC21, Can you please share us the detail of RFE (if you can).
thnx
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
hairstyles everything Fergie—fresh
shana04
02-13 10:14 AM
Shana,
Were you on H1 Extension when you transferrred your H1?.
Thanks,
I was on 5th year
Were you on H1 Extension when you transferrred your H1?.
Thanks,
I was on 5th year
HumHongeKamiyab
01-12 01:29 PM
I have been through your situation twice for my 2 kids who were born in houston, texas.
First of all, let me tell you its expensive. You are expected to pay about 2500$ to the doctor, about 3500$ to the hospital, 1500$ for epidural (if used) and also about 1000$ as misc. (for ultra sound, x rays etc).. This is a rough estimate and in my opinion it is still better option than paying for a maternity insurance. This is what I found with maternity insurance, you will be paying about 600 to 700$/ month as a premium for almost a year, and even after that, you will end up paying about 20 or 30% of the cost (which is your deductible).
The complications covered on individual insurance in texas are really not of much help as they only cover catastrophic situations. New borns are usually covered for the 1st month on mom's coverage (for individual insurance).
Keep in mind, the hospital and doctors office will negotiate with you, if you are making cash payment. You will be surprised to know that, I was told 5000$ for my wifes normal delivery (2 night of stay in hospital) by the hospital near houston texas and finally settled down to 2500$ for my first child (back in 2003). Do some research and find out all the hospitals within 25 miles near you..
I know its lot of money but in the end you are giving your kids the American citizenship. Do not get hung up on the money you spent, as the baby will give you lot of joy and will thank you for what you did today (Hopefully;-)..
Hope that helps..
Thanks,
First of all, let me tell you its expensive. You are expected to pay about 2500$ to the doctor, about 3500$ to the hospital, 1500$ for epidural (if used) and also about 1000$ as misc. (for ultra sound, x rays etc).. This is a rough estimate and in my opinion it is still better option than paying for a maternity insurance. This is what I found with maternity insurance, you will be paying about 600 to 700$/ month as a premium for almost a year, and even after that, you will end up paying about 20 or 30% of the cost (which is your deductible).
The complications covered on individual insurance in texas are really not of much help as they only cover catastrophic situations. New borns are usually covered for the 1st month on mom's coverage (for individual insurance).
Keep in mind, the hospital and doctors office will negotiate with you, if you are making cash payment. You will be surprised to know that, I was told 5000$ for my wifes normal delivery (2 night of stay in hospital) by the hospital near houston texas and finally settled down to 2500$ for my first child (back in 2003). Do some research and find out all the hospitals within 25 miles near you..
I know its lot of money but in the end you are giving your kids the American citizenship. Do not get hung up on the money you spent, as the baby will give you lot of joy and will thank you for what you did today (Hopefully;-)..
Hope that helps..
Thanks,
paskal
08-31 06:44 PM
hi
i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place
thanks
currently it appears that the bus will be from atlanta
please pm ramus and keep in touch with him for more info on that
i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place
thanks
currently it appears that the bus will be from atlanta
please pm ramus and keep in touch with him for more info on that