at0474
12-11 11:14 AM
you guys missed the train that only moves backwards.
--LOL!!! Good one. And with no light at the end of the tunnel. It's another train!!!
--LOL!!! Good one. And with no light at the end of the tunnel. It's another train!!!
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cdeneo
11-19 06:37 PM
Thanks so much for sharing this information - it is frustrating that one's career advancement can impact negatively one's GC application, especially if one has been waiting for 5+ years. I guess one can only carry on with one's career and hope for the best :).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
mps
10-02 10:11 AM
I would save expenses of atleast one year in an emergency fund before putting extra money towards house payoff.
In better job market you can reduce your emerency fund to upto six months worth of expenses and move rest of the money to reduce principle you owe towards your house.
In better job market you can reduce your emerency fund to upto six months worth of expenses and move rest of the money to reduce principle you owe towards your house.
2011 Cartoon Eyes
MunnaBhai
10-05 06:24 PM
I don't hink so. Under Internal Revenue Code, Tax payer must authorize the requesting party. IRS will not disclsoe any tax payer data to anyone unless authorized by the tax payer in written for each tax year. There is separate form for this process. I think this is very common in the mortgage industry.
-MB
How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?
is there a relationship between taxes and Immigration?
-MB
How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?
is there a relationship between taxes and Immigration?
more...
chi_shark
09-16 05:30 PM
dude, you are a president of a corporation (or at least some type of officer i am thinking) and you have time for all this crap! really, must be really slow for you... dont jump at me please.:)
50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6
Thanks
50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6
Thanks
vardinishankar
03-02 03:11 PM
Thanks Krishna and snathan! That answers most of my questions.
snathan:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
I guess you meant "NO" to # 11 and "YES" to #12 - right?
snathan:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
I guess you meant "NO" to # 11 and "YES" to #12 - right?
more...
Suva
06-16 05:32 PM
For NJ & PA residents, I think NJM mortgage is best. They are offering 5.375% for 7 years arm.
2010 Black Cat#39;s Green Eyes
snaidu
12-11 12:46 PM
Due to the retrogession,we cant file 140/485 concurrently till PD is current anyway.
Please explain what this new legistation means?
Thanks
Please explain what this new legistation means?
Thanks
more...
god_bless_you
12-11 02:05 PM
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
hair and green eyes Stock Photo
gaz
03-16 01:59 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.
If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)
stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.
If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)
more...
m306m
03-31 12:17 PM
Done
hot Green eyes against white
rkumar28
12-15 08:37 PM
Hi Guys,
I live in Chicago Suburbs.... replying to register myself.
Cheers....
Raj
I live in Chicago Suburbs.... replying to register myself.
Cheers....
Raj
more...
house Stripes And Green Eyes
abracadabra102
05-07 04:47 PM
You can appeal quoting your friend got approved. I have seen in the past, people got their approvals in appeal.
RV
I am not sure if this can be a good defense for ability to pay issues. Employer's revenue/profits drive the number of employees that can be sponsored for GC. It is not everyone or no one scenario.
RV
I am not sure if this can be a good defense for ability to pay issues. Employer's revenue/profits drive the number of employees that can be sponsored for GC. It is not everyone or no one scenario.
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indyanguy
04-16 02:43 PM
Thanks for sharing your experiences. Is LLC corp employer eligible to do H-1 transfer? I have an American citizen friend who has a LLC corp and work as an independent contractor. Can he file for my H-1 transfer and can I work for him?
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
more...
pictures Green eyes girl
krishna.ahd
09-19 06:38 PM
>> Your citizen kid can sponsor you when he/she attain 18
Incorrect. Applicant must be at least 21 years of age to sponsor green cards for parents.
Oops My Bad
One more extension Please
Incorrect. Applicant must be at least 21 years of age to sponsor green cards for parents.
Oops My Bad
One more extension Please
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mjdup
02-28 12:33 PM
That is just great news ! Kudos to those volunteers, I don't have words to express gratitude.
thank you.
thank you.
more...
makeup cookie with green eyes and
nonimmi
05-22 03:14 PM
lets come back to the point....
How can we all become ILLEGAL....
1) Just resign your job, stay in the country for 2 days and u are illegal....
What other options do we have? Please explore them here
1. Goto queens NY and join a fish shop. Most of them dont want to be legal though :) as they have to pay tax!!
2. Go climb Statue of Liberty wearing a T-shirt "Gimme Z"
How can we all become ILLEGAL....
1) Just resign your job, stay in the country for 2 days and u are illegal....
What other options do we have? Please explore them here
1. Goto queens NY and join a fish shop. Most of them dont want to be legal though :) as they have to pay tax!!
2. Go climb Statue of Liberty wearing a T-shirt "Gimme Z"
girlfriend Lantern With Eyes clip art
emmie
12-08 04:31 PM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
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gcdedo
10-23 03:50 PM
I-140 Filed on June 30th Still waiting to get cleared..
chanduv23
03-08 10:38 AM
Most employers pretend as if they dont know anything about retro, whereas they have employees in their own company in that situation.
Lot of people do not know what they are gettng into, a lot of new H1b applicants go look for employers promising Green Card carrots and switch jobs only to find out at a very later stage that they are retrogressed. Same with sub labor, lot of people switch companies as they get sub labor, just to find out later they cannot apply 485 due to retrogression.
A lot of people still don't know what kind of mess they are in. I tried explaining this to a lot fo people who do not understand, and they never made an attempt to understand, thats the reason why IV still has only several thousands members where those affected by retro is in lacs.
My only advice to you is "think positive", "put a lot of effort in your skill and job", "stay put with latest news", "Help IV" and be careful with employers or lawyers or body shoppers
Lot of people do not know what they are gettng into, a lot of new H1b applicants go look for employers promising Green Card carrots and switch jobs only to find out at a very later stage that they are retrogressed. Same with sub labor, lot of people switch companies as they get sub labor, just to find out later they cannot apply 485 due to retrogression.
A lot of people still don't know what kind of mess they are in. I tried explaining this to a lot fo people who do not understand, and they never made an attempt to understand, thats the reason why IV still has only several thousands members where those affected by retro is in lacs.
My only advice to you is "think positive", "put a lot of effort in your skill and job", "stay put with latest news", "Help IV" and be careful with employers or lawyers or body shoppers
immilaw
09-29 01:12 PM
Wata,
If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....
Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.
Thanks,
Law Loving Alien
Law Loving Alien, I suggest you change your name to Law Loving "Legal" Alien ;)
If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....
Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.
Thanks,
Law Loving Alien
Law Loving Alien, I suggest you change your name to Law Loving "Legal" Alien ;)
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