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June 19th, 2005, 01:19 PM

and here is a version with FM 3 and a touch of level and contrast adjustment.

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OT : Jet Airways Chennai to JFK via Brussels [Archive] - Immigration Voice

View Full Version : OT : Jet Airways Chennai to JFK via Brussels

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Maverick1

11-16 01:45 PM

Let me restate to make sure I understood your question right :

Are you currently working as described in "A" and going to join a job as described in "B" ?

They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.

As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.

Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.

Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.

On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?

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Cataphract

02-19 07:40 PM

I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.

I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.

These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.

This is what we are planning to do in the next few days:

Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas

Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.

Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.

Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.

Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.

One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.

Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.

That is all from me for now. We plan to take action and meet again soon.

Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.

Thanks Everybody for your support and time.

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reachinus

12-26 08:34 AM

Hi There,

In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.

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cagedcactus

05-03 06:54 AM

thanks a lot friends, I appreciate your inputs.......:)
I had couple of companies contact me, so will look for a solid new start.
4 years of wait down the drain......:mad:

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letstalklc

09-04 03:28 PM

Dear Friends, My sincerest hopes and prayers that EB2-I dates advance my PD is Jul 2007 and we narrowly missed the Jul 07 windfall. I hope our wait for EAD & AP ends this year!

My mind says its difficult, heart says pray for it, maybe our wishes and prayers are granted in the Oct VB. Good luck to all :)

Same here my friend, I also missed narrowly....Hoping next bulletin EB2 india will be around 2007 end....

lets pray for and hope for the best...

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eagerr2i

11-06 03:28 PM

Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's

http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

These roles qualify for non cap H1B's

* Renewals of existing H1b's

* If are working for a not for profit institution

* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.

What kind of institution will your wife be a financial analyst in?

I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.

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lostinbeta

10-20 02:55 AM

I am seriously considering downloading 7 just to try out the program :)

Thanks for the version info edwin, I might just search around for version 6 and see if I can get it cheaper than version 7 ( US$479.00 ).

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vegasbaby

02-19 07:06 PM

All,

Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1

My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

Regards,

I am also in the same boat as you. To ans your questions -

1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.

2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.

3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.

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joshraj

10-09 10:17 PM

At least got something today :)

Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet

I140 - Pending at Nebraska

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vishwak

08-13 10:51 AM

History:

Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?

Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?

Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

Either Change of Status in US or Status when you enter/re-enter to US.

As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

Lets wait until Experts speak.......

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thomachan72

01-05 04:58 AM

Dustinthewind, the preview has good background score and the shots are appropriate. The narrative (labels) that show up are also quite captivating. All together it looks very good and promising, however, I would have liked to see some diaglogues also in between. Maybe a tiny bit longer would have been better. We definitely need to hear the voices of the actors to make it all the more compelling. If there are tragic scenes in the movie a glimpse of those would also be great. Anyway I am not requesting you to change anything but just suggesting a few ways such previews could be more effective. [/I]

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coloniel60

08-15 11:50 AM

USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

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otovarm@hotmail.com

03-03 02:39 PM

well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.

Any thoughts??

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h1gc

09-25 02:58 PM

Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..

HTH,

If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.

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kavita_abb

10-10 10:03 AM

Thank you!

I am not quiting my company but I am moving to India. In that case what will happen ?

Your valuable inputs are greatly appreciated.

Thank you very much!

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redgreen

08-04 01:38 PM

If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.

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sr77

09-26 02:08 PM

I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.

This is disheartening...

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vamsi_poondla

09-23 11:19 AM

If your priority date is too close (within few years), become a consultant. Then your job duties will be flexible. You can do ALL that you have cited in labor certification and yet do additional duties.

(Is your labor based on RIR?)

Anyway follow attorney's advice.

vikram_singh

07-26 08:31 PM

Guys,

I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.

Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/

Also suggest any sites you may want to add to improve the seach engine.

-Vikram

bsbawa10

12-23 12:58 PM

You should be fine. I have been in the exact same situation did not have any problems excepting secondary inspection in which no questions were asked.