gc_chahiye
12-26 11:09 AM
So you mean I should not even think of invoking AC21 EVEN after 180 days ?
go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).
At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.
P.S: I am also planning to invoke AC-21 to switch jobs.
go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).
At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.
P.S: I am also planning to invoke AC-21 to switch jobs.
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sc3
06-14 08:24 PM
Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
Get an employment verification letter from your HR, if it says Business Development Dude, and gives your new role as a guy who sells rather and codes, then you have a problem -- that is if USCIS gives you an RFE.
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
Get an employment verification letter from your HR, if it says Business Development Dude, and gives your new role as a guy who sells rather and codes, then you have a problem -- that is if USCIS gives you an RFE.
sac-r-ten
06-22 10:27 AM
nothing in advice/suggestion, just wishing you good luck with your endeavour.
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watzgc
04-02 02:32 PM
Hi zCool,
I got RFE and summary of text is as below.
Asking for
1. Contract from the client in charlotte, nc
(but after applying h1b extn, i moved to CA)
2. W-2 for 2006,2007
I got #2.
for #1, we are planning to send old contract for charlotte,nc client and new contract in CA client.
Do we need to send end client 'project verification letter' or something like that ?.
Thanks a lot.
I got RFE and summary of text is as below.
Asking for
1. Contract from the client in charlotte, nc
(but after applying h1b extn, i moved to CA)
2. W-2 for 2006,2007
I got #2.
for #1, we are planning to send old contract for charlotte,nc client and new contract in CA client.
Do we need to send end client 'project verification letter' or something like that ?.
Thanks a lot.
more...
Pineapple
12-16 01:46 PM
Thanks for clarifying..
willgetgc2005
02-08 08:21 PM
rimzhim,
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
more...
rajeshalex
08-20 10:06 AM
piyush,
pls see my pm....
Rajesh
pls see my pm....
Rajesh
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unbreakable
12-22 02:18 PM
This link http://www.techcrunch.com/layoffs/ would give an idea of what's happening with tech jobs around the world.
more...
Sakthisagar
11-15 10:11 AM
Immigration and education should be two seperate things. NO support to categorize further on immigration, We should take out the country cap. It should be First come first serve basis. with necessary background checks on education and skills.
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sbind_77
10-25 12:49 PM
chintainfogc
Did you got any reply for your SR?
Did you got any reply for your SR?
more...
amitjoey
07-05 05:38 PM
Use the template and email reporters.
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Atlantagowda
05-24 03:13 PM
How do I send FAX..Please guide me through
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JunRN
09-22 11:32 AM
And even if it pass the mark-up tomorrow, there's a long winding road ahead before it becomes a law.
Only miracle can make this happen.
Only miracle can make this happen.
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Brightsider
07-01 08:28 PM
Ron is a very compassionate individual apart from being a very experienced attorney.
Have no hesitation in going to him.
I have known people who have engaged him and found him to be extremely competent.
His immigration forum has been a good source of credible information, given the limitations of discussing USCIS idiosyncrasies.
Let me add that I do not know him nor have I spoken to him. However, had I been in CA, he would have been my choice.
Have no hesitation in going to him.
I have known people who have engaged him and found him to be extremely competent.
His immigration forum has been a good source of credible information, given the limitations of discussing USCIS idiosyncrasies.
Let me add that I do not know him nor have I spoken to him. However, had I been in CA, he would have been my choice.
more...
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needGCcool
07-16 02:42 PM
You mentioned that your lawyer has started seeing 485 approval from last week of July 2007? Is she going to see approvals come this July end?
tere muh me ghee shakkar yaar...
mera bas chale to procesing date ko rajdhani me bitha ke double engine laga du...
jokes apart - seriously this is a very exciting time, no one knows what will happen - yet everyone optimistic... which is a good sign.
I just talked to our company lawyer and she said that they are seeing a lot of 485 approvals from the receipt dates from last week of july and a little before that ...
good luck to all!
tere muh me ghee shakkar yaar...
mera bas chale to procesing date ko rajdhani me bitha ke double engine laga du...
jokes apart - seriously this is a very exciting time, no one knows what will happen - yet everyone optimistic... which is a good sign.
I just talked to our company lawyer and she said that they are seeing a lot of 485 approvals from the receipt dates from last week of july and a little before that ...
good luck to all!
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h1techSlave
12-02 06:27 PM
If you heard it from a lawyer, it is true. They never tell lies :) :D
more...
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jkamel5
07-10 08:38 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
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vnsriv
03-03 10:56 AM
I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
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alethos
01-03 01:06 PM
::psssst::....Kit, I jest. Mine age doth vie with thine, hence thy remark didst vex me...
If smiley's count as pixel art (they're made pixel-by-pixel), then I have one pixel pic under my belt. On to lucky number zwei.
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
-Al
If smiley's count as pixel art (they're made pixel-by-pixel), then I have one pixel pic under my belt. On to lucky number zwei.
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
-Al
karthkc
07-16 05:14 PM
On the left upper hand corner of every post you will find 3 icons. Click on middle one and a drop down menu pops out. If you click -- I approve then its a green dot and if you click I disapprove then its a red.
Correct me if I am wrong.
Thanks! I finally found it..
Slight Correction...Its the upper right hand corner, next to the post #...
Correct me if I am wrong.
Thanks! I finally found it..
Slight Correction...Its the upper right hand corner, next to the post #...
bin673
11-17 12:55 AM
am in..
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