xu1
08-03 08:22 AM
The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
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gc@waiting
09-30 08:58 PM
Does anyone have any idea as to if "YATES MEMO(on being able to use AC21 with a pending 140 for 180 days)" is still relevant or overridden by any subsequent memo/law?
kosu
08-17 07:47 AM
My wifes EAD was approved on July 30th. We applied for SSN on 6th of August and she received her SSN on 13th of August. Once you apply for SSN they will give you a letter stating that you have applied for SSN. On that letter it specifically states that you CAN start working and show that letter as a proof to your employer.
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nixstor
02-09 06:09 PM
http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html
check it out!
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fatjoe
10-24 02:22 PM
I told yaaa. I am also hoping... I filed for EAD and AP on Aug 10. Guess, you should get it in a week. Congrats!!!
Madness
01-24 10:06 PM
Perlin Circles (http://www.kirupa.com/forum/../contests/fx09/e20.htm)
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Eternal_Hope
04-07 10:32 AM
Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.
AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!
Thanks
ALL THE BEST!
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.
AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!
Thanks
ALL THE BEST!
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FredG
March 3rd, 2004, 05:39 PM
I like the composition just the way it is.
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IfYouSeekAmy
05-17 10:14 AM
I used David Cohen at
Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)
Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)
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amitga
03-21 10:38 AM
Please see my answers below.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
more...
amitga
04-28 03:21 PM
Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)
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venkatosizolon
03-28 11:54 PM
If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).
Employee must be paid ALL THE TIME on H1. Period.
That's the law.
Problem for you is, technically you will be out of status if you are not paid.
What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
Thx
Employee must be paid ALL THE TIME on H1. Period.
That's the law.
Problem for you is, technically you will be out of status if you are not paid.
What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
Thx
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sreeanne
12-13 12:29 PM
my 485 also did not show up till my FP was done, but after my FP completed, the next day it showed up in online system.
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painful_GC
05-05 01:32 PM
Hi ..Many thanks for the response..i am planning to apply for COS to L2 as my H1 is still pending for a while..could you please confirm me the requirements/documents need to be attached..
1) My H1 reciept copy
2) L1 B of primary reciept/approval notice
3) Employment letter from primary..
could you please shed some light on this ??
1) My H1 reciept copy
2) L1 B of primary reciept/approval notice
3) Employment letter from primary..
could you please shed some light on this ??
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waitingmygc
10-19 05:44 PM
For a case like you best bet will be "Immigration Law Group".
IMMIGRATION LAW GROUP LLP (http://www.immigrationlawgroup.net/)
Note: Its merely my personal onion.
IMMIGRATION LAW GROUP LLP (http://www.immigrationlawgroup.net/)
Note: Its merely my personal onion.
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akhilmahajan
07-30 07:56 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.
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pmpforgc
10-20 08:26 PM
[QUOTE=bluekayal]Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.
But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.
Its a relief to have an approved I-140
grupak
03-15 08:26 AM
This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Seems like a good interpretation to me.
Pessimism as a lifestyle is hilarious :)
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Seems like a good interpretation to me.
Pessimism as a lifestyle is hilarious :)
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yetanotherguyinline
01-14 08:47 PM
For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?
Thanks
PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.
Why dont we start an entrepreneur thread here on IV. I know it does not go in line with IV's goals, I can set up a forum real quick and we can get a group going there.
Thanks
PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.
Why dont we start an entrepreneur thread here on IV. I know it does not go in line with IV's goals, I can set up a forum real quick and we can get a group going there.
nixstor
02-09 07:10 PM
I know that its a blog but that the tone of blog clearly says that they are very close. If I am not mistaken, their previous 50K was also recaptured from unused EB numbers.
dc2007
07-24 10:59 PM
I have seen in this form that lot of people have filed I-485 by themselves after having a hard-time with lawyers. I am also thinking to do the same. But I want to make sure if it is possible in my case.
Assuming my I-140 get approved (its filed but not approved yet), what documents I need to file I-485 by myself as per following facts:
1. I have just receipt no. of Labor and I-140.
2. All the documents are with my attorney which is hired by my employer.
Can I still file I-485 by myself ?
Thanks
Assuming my I-140 get approved (its filed but not approved yet), what documents I need to file I-485 by myself as per following facts:
1. I have just receipt no. of Labor and I-140.
2. All the documents are with my attorney which is hired by my employer.
Can I still file I-485 by myself ?
Thanks
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