ArkBird
03-16 12:22 AM
For me it's hard to see the difference between both the jobs. Seems like both fall under same DOL code.
I would say don't worry and go for it. I have done switch from being programmer to DBA and I won't lose a single second of sleep on that.
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
I would say don't worry and go for it. I have done switch from being programmer to DBA and I won't lose a single second of sleep on that.
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
gc_chahiye
06-11 06:02 PM
You may port the PD as well as get 3 yrs extension based on previously approved I-140 regardless of employer as long as I-140 is not revoked.
what happens to the H1 extension if the I-140 is subsequently revoked?
what happens to the H1 extension if the I-140 is subsequently revoked?
heywhat
08-03 06:23 PM
This is kind of fraud. My previous employer was not ready to give me experience letter so one of my friend recommended same but I did not feel comfortable doing that ( not due to fear of USCIS REF ). Just recently I came to know from one of my friend that INS randomly checks with employers and verifies experience letters. So keep your fingure crossed.
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
Maverick_2008
02-22 10:14 PM
I'm sure you know the logic why it goes backwards but your comment did bring a smile on my face. Isn't it interesting that arguably, the most progressive country is working backwards? :)
Maverick_2008
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
Maverick_2008
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
more...
WeShallOvercome
07-20 02:11 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
ghost
09-19 04:32 PM
agreed, I just mean that publicly we whould not be asking explicitly to increase visa numbers.
It depends on who our audience is:
In interviews with newspapers for example, going into specifics like increasing visa numbers puts off the avg American, bec all he reads is increasing immigration.
But in speaking with a knowledgeable audience, like of course when approaching politicians, this can and should be done.
Excellent Strategy
It depends on who our audience is:
In interviews with newspapers for example, going into specifics like increasing visa numbers puts off the avg American, bec all he reads is increasing immigration.
But in speaking with a knowledgeable audience, like of course when approaching politicians, this can and should be done.
Excellent Strategy
more...
mailmy_gc
10-15 03:15 PM
Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
rani77
02-06 07:30 PM
arjun007
Did u surrender your I 94s when leaving for Canada???
Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
I am asking because i have heard different verisons when u visit canada
Please let me know ,we might be planning a trip to Canada soon
and our H1 stamp is expired so we might go for stamping.
Also please post about your canada visa details.
Thx
Did u surrender your I 94s when leaving for Canada???
Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
I am asking because i have heard different verisons when u visit canada
Please let me know ,we might be planning a trip to Canada soon
and our H1 stamp is expired so we might go for stamping.
Also please post about your canada visa details.
Thx
more...
tinamatthew
07-17 04:04 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
HERE IS THE UPDATE
UPDATE as of 3:18 PM EST 7/17/2007
--------------------------------------------------------------------------------
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
--------------------------------------------------------------------------------
Last edited by logiclife : Today at 03:02 PM.
HERE IS THE UPDATE
UPDATE as of 3:18 PM EST 7/17/2007
--------------------------------------------------------------------------------
DHS will be rescinding its July 2 update and the initial July Visa Bulletin will take effect for 31 days � i.e., all employment-based green card categories (except for the �Other Workers� category) will be �current� and CIS will accept applications through August 17.
DHS will issue a press release to this effect later today.
--------------------------------------------------------------------------------
Last edited by logiclife : Today at 03:02 PM.
go_guy123
04-21 02:04 PM
Actually GC on L1 can be really much faster because GC processing on L1 comes under special EB1 category. So if you are willing to take risk of loosing job on L1. I will recommend to go for GC under L1.
No not all L1 fall into EB1...only multinational executives fall into that
category.
No not all L1 fall into EB1...only multinational executives fall into that
category.
more...
kaisersose
08-06 09:19 AM
capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
paskal
12-26 02:58 PM
/\/\/\/\/\/\/\/\
more...
ocpmachine
06-10 03:08 PM
Help!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
We just got our medical envelope for me and my wife from the doctor, we both had TST reaction of 10mm and 18mm, chest x-ray came out normal...doctor marked both of us Latent Class TB(LTB1)...i would not worry about this, Latent TB is not infectous and recommended(not required) to undergo treatment. I am going to sit tight, not taking any medication as i heard the medication is a strong antibiotic which has more side effects(esp in women) and does more damage(to liver) than cure. If on medication, you are also required to take a test every 2 months to check if your liver can take medications for following months. Ofcourse, even after taking medication for 9 months, you cannot guarantee future TST test will result -ve due to BCG vaccine history.
If i get an RFE at a later time, i will goto my PCP, start medication(which i will discard) and get a letter saying in am on medication just for paper work sake, i refuse to take the medicine when x-ray is clear.
Read here:
http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm
Here is the snippet from CDC.gov for TB:
16. What is Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)?
A TST reaction of 10 mm or more of induration, and a history of recent arrival (within the last 5 years) in the United States from a high-prevalence country.
And
No evidence of active TB disease.
17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
The 2008 TB TIs recommend that civil surgeons refer applicants with �Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)� to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information.
21. Can the civil surgeon medically clear the applicant for TB even if the applicant is going to receive treatment for latent TB Infection (LTBI)?
Yes. Referral for treatment and/or completion of treatment for LTBI is not required for the civil surgeon to sign the I-693 form. As regards TB, the signature indicates the applicant is free of Class A pulmonary TB disease.
Disclaimer: I am not a doctor or an attorney, Please consult doctor or an attorney for expert advice.
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
We just got our medical envelope for me and my wife from the doctor, we both had TST reaction of 10mm and 18mm, chest x-ray came out normal...doctor marked both of us Latent Class TB(LTB1)...i would not worry about this, Latent TB is not infectous and recommended(not required) to undergo treatment. I am going to sit tight, not taking any medication as i heard the medication is a strong antibiotic which has more side effects(esp in women) and does more damage(to liver) than cure. If on medication, you are also required to take a test every 2 months to check if your liver can take medications for following months. Ofcourse, even after taking medication for 9 months, you cannot guarantee future TST test will result -ve due to BCG vaccine history.
If i get an RFE at a later time, i will goto my PCP, start medication(which i will discard) and get a letter saying in am on medication just for paper work sake, i refuse to take the medicine when x-ray is clear.
Read here:
http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm
Here is the snippet from CDC.gov for TB:
16. What is Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)?
A TST reaction of 10 mm or more of induration, and a history of recent arrival (within the last 5 years) in the United States from a high-prevalence country.
And
No evidence of active TB disease.
17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
The 2008 TB TIs recommend that civil surgeons refer applicants with �Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)� to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information.
21. Can the civil surgeon medically clear the applicant for TB even if the applicant is going to receive treatment for latent TB Infection (LTBI)?
Yes. Referral for treatment and/or completion of treatment for LTBI is not required for the civil surgeon to sign the I-693 form. As regards TB, the signature indicates the applicant is free of Class A pulmonary TB disease.
Disclaimer: I am not a doctor or an attorney, Please consult doctor or an attorney for expert advice.
paskal
08-05 09:23 PM
delighted to hear you are finalizing your plans
let me know when you have things in place, also if i can help you in any way. we should encourage more mn members to join us in DC, maybe even plan on making some calls. your motivation should serve as inspiration to others!
let me know when you have things in place, also if i can help you in any way. we should encourage more mn members to join us in DC, maybe even plan on making some calls. your motivation should serve as inspiration to others!
more...
Blog Feeds
05-20 05:40 PM
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
parablergh
08-12 08:36 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
more...
Winner
05-21 12:31 PM
Good post
Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?
I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.
But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.
Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?
I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.
But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.
shana04
07-16 06:38 PM
I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.
My previous employer had a copy of I-94 (previous) so requested him to provide that. He ack that he had but was trying to get excuses as to not provide it.
Can you provide more details on the RFE ?
RFE was to provide my spouse status before applying for I 485 and one of the document was to provide I-94 (as there won't be any initial status document for dependent, it was only H4 stamping in the passport)
Attorney answered this question
My previous employer had a copy of I-94 (previous) so requested him to provide that. He ack that he had but was trying to get excuses as to not provide it.
Can you provide more details on the RFE ?
RFE was to provide my spouse status before applying for I 485 and one of the document was to provide I-94 (as there won't be any initial status document for dependent, it was only H4 stamping in the passport)
Attorney answered this question
munnashi
10-31 06:08 AM
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
thepaew
09-24 10:45 AM
It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.
Good Luck!
-N
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.
Good Luck!
-N
paskal
07-29 01:17 PM
good joke too
will try redress your reputation...
will try redress your reputation...
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