AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
wallpaper word meaning “flies” or
eb3retro
10-22 10:46 PM
I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
dream on...
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
dream on...
amsgc
12-18 02:22 AM
See response below:
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
- You don't need a transit visa for Schipol.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
- You don't need any other document; you can carry the I-485 receipt notice.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
- visa forms + appointment letter
- Original I-797
- Employment letter
- Original marksheets/degrees as a basis for your H-1B app
- copy of your H-1B petition + LCA
- Pay stubs
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
- You don't need a transit visa for Schipol.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
- You don't need any other document; you can carry the I-485 receipt notice.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
- visa forms + appointment letter
- Original I-797
- Employment letter
- Original marksheets/degrees as a basis for your H-1B app
- copy of your H-1B petition + LCA
- Pay stubs
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
2011 amore meaning. amore vaffanculo. amore; amore vaffanculo. amore
bluesandrams
12-16 10:52 AM
http://www.indianexpress.com/sunday/story/250682.html
THE BRAIN RAIN
PALLAVI SINGH
Posted online: Sunday, December 16, 2007 at 0000 hrs Print Email
Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema.
Related Stories
MOON VILLAGEGREEN BUCKSBARGAIN BRIDESNIGHT WITHOUT ENDBang for the buck
Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema. Every morning while cycling his way to his tiny office at the Indian Institute of Technology-Delhi (IIT-D), he mingles with his students. In fact, he�s often mistaken for one. But he dispels the impression with a firm, �I�m here to teach.�
And if you ask his seniors at the institute, this simple statement from the US-returned electrical engineer means a lot to IIT-D these days.
Contrary to what most IITians with a BTech degree in hand and a foreign stamp on their post-graduate degrees did in the 1980s and �90s, Chatterjee abandoned his dollar dreams at the Silicon Laboratories in the United States to join the institute in November last year. A PhD from Columbia University in New York, Chatterjee says he knew all along that teaching and research were his �true calling�.
He is not alone. The 38 other men and women who have filled up faculty positions at IIT-D in the last 18 months, would agree. The new recruits, many of them under 35, reflect a trend that is slowly picking up across all the IITs. Most of those who have joined are either first-time teachers or have taken to teaching after a few years of experience in the industry.
For 32-year-old Anirban Mahanti, for example, teaching at IIT-D is a job change for the better. The shift from a three-year-stint as an assistant professor at the University of Calgary in Canada to teaching at IIT-D may have meant a �big downer� financially but in terms of freedom in research work, the gain, he says, cannot be translated into monetary terms. �In industry-based research, you just do what the company wants you to do. Here at IIT, we set our own pace and do what we want to do,� he adds.
While Prof Bijendra N Jain, Deputy Director (Faculty) at IIT-D, insists that the emphasis on recruiting young faculty is not new, he admits much is being done to �incentivise� the lot.
This month, IIT-D introduced the Outstanding Young Faculty Fellowships. The fellowships, currently numbering 26, offer Rs 1 lakh per annum to the select faculty for a period of five years. Jain says IIT-D hopes to launch about 500 such fellowships in the next five years.
�Creating fellowships are most important to us now than anything else. Return on money invested in a young faculty usually exceeds everything else. They are young, enthusiastic and several of them have left lucrative jobs abroad to join us,� says Prof Jain.
The institute has also asked the Department of Science of Technology under the Ministry of Science and Technology to launch at least a thousand fellowships for young science teachers across the country.
Similar efforts were made at IIT-Bombay when the institute announced a signing bonus of Rs 3 lakh for its new faculty with help from its alumni. It even significantly increased seed research grants to Rs 10 lakh to new faculty members from Rs 3 lakh in previous years.
Educationists say compensation packages are the need of the hour to build a pool of young teachers as a large number of faculties across IITs, hired at a time they were being set up in the 1950s and 1960s in anticipation of excellence in science and engineering education, are nearing retirement.
�The faculty was recruited some 30 years ago. Only a few years ago, we realised the fact that many of them would be retiring,� explains MS Ananth, director, IIT-Madras.
While IIT-Bombay has a faculty strength of 420 with about 100 vacant positions, it is not alone. Figures at the seven IITs reveals an estimated, cumulative shortage of at least 900 faculty members.
At IIT-D, about 20 percent of faculty positions are vacant. Further, according to a report prepared by its alumni association in 2004, more than 20 per cent of its most experienced faculty would retire in the next seven years.
The shortage is most acute in IIT Roorkee, which has a sanctioned strength of 575 but only 345 on the rolls.
So, IIT-D, along with IIT-Kanpur, IIT-Roorkee and IIT-Madras, has standing advertisements for faculty positions in all departments. And, the progress has been �good� as against a �dull response�� until a couple of years ago. �About 50 per cent of the applications we receive now are from teachers settled abroad. They all want to teach at IITs,� says Prof Jain of IIT-D.
The recent recruitments have pushed the number of teachers aged under 35 from 15 to over 30 at IIT-D and �Brand India� is one of the reasons behind the rising numbers.
In the 1990s, Prof K Achuta Rao, now 43, would come looking for research jobs in the field of climate change in vain. �Two things have happened since. First, the Government is encouraging quality research and second, a great research pool is being created here with the advent of big research labs setting up shop here. This is the time to be in India and be part of the changes it is undergoing,�� says Rao who joined IIT-D this June after working in the US for over two decades.
While Rao�s decision to come back to India took two decades, young IITians have decided pretty early. Statistics show that only three of IIT-Kanpur�s 273 BTech students and two from the integrated MSc course went abroad last year. All others�267 MTech students, two-year MSc grads and MBA�-stayed back in the country. In Delhi, of the 1,000-odd job seekers, only one student went abroad to join a financial consulting firm. At IIT Mumbai, 95 per cent of the students were placed in India while in Madras, only two BTech students went abroad.
But the lot willing to take up teaching and research is �still a faraway dream,� says Mahanti. �You can�t say that the US hangover is over. But there has been some sort of reverse drain. That doesn�t mean we should no longer be worrying about brain drain,� he cautions.
THE BRAIN RAIN
PALLAVI SINGH
Posted online: Sunday, December 16, 2007 at 0000 hrs Print Email
Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema.
Related Stories
MOON VILLAGEGREEN BUCKSBARGAIN BRIDESNIGHT WITHOUT ENDBang for the buck
Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema. Every morning while cycling his way to his tiny office at the Indian Institute of Technology-Delhi (IIT-D), he mingles with his students. In fact, he�s often mistaken for one. But he dispels the impression with a firm, �I�m here to teach.�
And if you ask his seniors at the institute, this simple statement from the US-returned electrical engineer means a lot to IIT-D these days.
Contrary to what most IITians with a BTech degree in hand and a foreign stamp on their post-graduate degrees did in the 1980s and �90s, Chatterjee abandoned his dollar dreams at the Silicon Laboratories in the United States to join the institute in November last year. A PhD from Columbia University in New York, Chatterjee says he knew all along that teaching and research were his �true calling�.
He is not alone. The 38 other men and women who have filled up faculty positions at IIT-D in the last 18 months, would agree. The new recruits, many of them under 35, reflect a trend that is slowly picking up across all the IITs. Most of those who have joined are either first-time teachers or have taken to teaching after a few years of experience in the industry.
For 32-year-old Anirban Mahanti, for example, teaching at IIT-D is a job change for the better. The shift from a three-year-stint as an assistant professor at the University of Calgary in Canada to teaching at IIT-D may have meant a �big downer� financially but in terms of freedom in research work, the gain, he says, cannot be translated into monetary terms. �In industry-based research, you just do what the company wants you to do. Here at IIT, we set our own pace and do what we want to do,� he adds.
While Prof Bijendra N Jain, Deputy Director (Faculty) at IIT-D, insists that the emphasis on recruiting young faculty is not new, he admits much is being done to �incentivise� the lot.
This month, IIT-D introduced the Outstanding Young Faculty Fellowships. The fellowships, currently numbering 26, offer Rs 1 lakh per annum to the select faculty for a period of five years. Jain says IIT-D hopes to launch about 500 such fellowships in the next five years.
�Creating fellowships are most important to us now than anything else. Return on money invested in a young faculty usually exceeds everything else. They are young, enthusiastic and several of them have left lucrative jobs abroad to join us,� says Prof Jain.
The institute has also asked the Department of Science of Technology under the Ministry of Science and Technology to launch at least a thousand fellowships for young science teachers across the country.
Similar efforts were made at IIT-Bombay when the institute announced a signing bonus of Rs 3 lakh for its new faculty with help from its alumni. It even significantly increased seed research grants to Rs 10 lakh to new faculty members from Rs 3 lakh in previous years.
Educationists say compensation packages are the need of the hour to build a pool of young teachers as a large number of faculties across IITs, hired at a time they were being set up in the 1950s and 1960s in anticipation of excellence in science and engineering education, are nearing retirement.
�The faculty was recruited some 30 years ago. Only a few years ago, we realised the fact that many of them would be retiring,� explains MS Ananth, director, IIT-Madras.
While IIT-Bombay has a faculty strength of 420 with about 100 vacant positions, it is not alone. Figures at the seven IITs reveals an estimated, cumulative shortage of at least 900 faculty members.
At IIT-D, about 20 percent of faculty positions are vacant. Further, according to a report prepared by its alumni association in 2004, more than 20 per cent of its most experienced faculty would retire in the next seven years.
The shortage is most acute in IIT Roorkee, which has a sanctioned strength of 575 but only 345 on the rolls.
So, IIT-D, along with IIT-Kanpur, IIT-Roorkee and IIT-Madras, has standing advertisements for faculty positions in all departments. And, the progress has been �good� as against a �dull response�� until a couple of years ago. �About 50 per cent of the applications we receive now are from teachers settled abroad. They all want to teach at IITs,� says Prof Jain of IIT-D.
The recent recruitments have pushed the number of teachers aged under 35 from 15 to over 30 at IIT-D and �Brand India� is one of the reasons behind the rising numbers.
In the 1990s, Prof K Achuta Rao, now 43, would come looking for research jobs in the field of climate change in vain. �Two things have happened since. First, the Government is encouraging quality research and second, a great research pool is being created here with the advent of big research labs setting up shop here. This is the time to be in India and be part of the changes it is undergoing,�� says Rao who joined IIT-D this June after working in the US for over two decades.
While Rao�s decision to come back to India took two decades, young IITians have decided pretty early. Statistics show that only three of IIT-Kanpur�s 273 BTech students and two from the integrated MSc course went abroad last year. All others�267 MTech students, two-year MSc grads and MBA�-stayed back in the country. In Delhi, of the 1,000-odd job seekers, only one student went abroad to join a financial consulting firm. At IIT Mumbai, 95 per cent of the students were placed in India while in Madras, only two BTech students went abroad.
But the lot willing to take up teaching and research is �still a faraway dream,� says Mahanti. �You can�t say that the US hangover is over. But there has been some sort of reverse drain. That doesn�t mean we should no longer be worrying about brain drain,� he cautions.
more...
GC_1000Watt
12-09 05:40 PM
sorry didnt see the last 2 lines of your post starscream....
i will talk to some lawyers and hopefully get some answers.
my company said the appeal will take atleast 6-7 months nowadays...
i can work till then without issues.
Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.
i will talk to some lawyers and hopefully get some answers.
my company said the appeal will take atleast 6-7 months nowadays...
i can work till then without issues.
Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.
smartboy75
11-05 01:35 PM
hey gcseeked2002...
There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....
There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....
more...
wandmaker
02-23 11:02 AM
Hello Sir,
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
/ You can transfer to H4 as long as you have all the paper work /
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
/ Yes, COS from H4 to H1 /
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
/ Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
See Inline.
Please update your profile
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
/ You can transfer to H4 as long as you have all the paper work /
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
/ Yes, COS from H4 to H1 /
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
/ Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
See Inline.
Please update your profile
2010 mi amore meaning. amore
dhenuva123
02-22 03:47 PM
am still in the same situation....my case is still in " initial stage":confused: ......so friends, my sincere advice is go for premium.....don't go for normal processing .......p
more...
rsayed
04-26 06:50 PM
Be careful with what you post on this thread.
Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.
Restrain would be a good idea.
I agree...
Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.
Restrain would be a good idea.
I agree...
hair vaffanculo. amore meaning.
dpp
08-18 12:09 PM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
more...
The7zen
03-24 12:30 PM
wanaparthy,
It will be easier for someone to help you if you fill your profile with right details.
-7zen
It will be easier for someone to help you if you fill your profile with right details.
-7zen
hot amore meaning. thank you no
gcseeker2002
11-04 02:09 PM
This is weird. I thought a lot of people have got EAD but did not get AP. Of course some people have got both. Can anyone shed some light on how they approve AP? In what order? I believe quite some people have travel plan during the coming months.
Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.
Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.
more...
house mi amore vole fe yah meaning. me amore vole fe yah. Mi amore
greyhair
05-19 07:46 AM
Another way to look at this - Someone in Eb-3 China is filing lawsuit to take away green card numbers from India.
I am very interested in reading the contents of this lawsuit because I suspect it argues that less visa numbers are allocated to China which means the lawsuit is saying more visa numbers are allocated to another country, which is most likely India. So the lawsuit is saying stop allocating as much visas to India.
People in this forum are blinded by their bias towards USCIS. Anytime anyone says or does anything against USCIS, this group tends to have a predictable reaction applauding the act. People running immigration businesses are very clever. Some of them have figured this out. That is why specific lawyers send out newsletters which literally belittle everything USCIS. Everyone here go estatic jumping with joy to see this lawyer berate USCIS in newsletters. All that he is doing is pandering to his customer base, even when behind the scene he is actually licking the boots of USCIS.
My take is - it is not a good idea to jump the gun every time USCIS is sued because last time someone said "Hindi-Chini Bhai Bhai", it did not turn out well for Indians.
I am very interested in reading the contents of this lawsuit because I suspect it argues that less visa numbers are allocated to China which means the lawsuit is saying more visa numbers are allocated to another country, which is most likely India. So the lawsuit is saying stop allocating as much visas to India.
People in this forum are blinded by their bias towards USCIS. Anytime anyone says or does anything against USCIS, this group tends to have a predictable reaction applauding the act. People running immigration businesses are very clever. Some of them have figured this out. That is why specific lawyers send out newsletters which literally belittle everything USCIS. Everyone here go estatic jumping with joy to see this lawyer berate USCIS in newsletters. All that he is doing is pandering to his customer base, even when behind the scene he is actually licking the boots of USCIS.
My take is - it is not a good idea to jump the gun every time USCIS is sued because last time someone said "Hindi-Chini Bhai Bhai", it did not turn out well for Indians.
tattoo mi amore meaning. mi amore
suni
08-27 01:04 PM
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
Please respond.
more...
pictures mi amore vole fe yah meaning. mi amore vole fe yah. mi amore
jackisback
03-12 07:24 PM
pointlesswait-
How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?
Thanks.
How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?
Thanks.
dresses mi amore meaning.
4yourforGC
04-02 01:41 AM
I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.
more...
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Kapils573
02-08 12:20 AM
Priority date is May 2006,EB2
girlfriend canova amore e psiche.
istrategist
03-19 10:54 PM
First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
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GCWhru
03-26 02:10 PM
Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
zCool
04-01 05:34 PM
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
scorpioca
05-17 04:59 PM
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
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