gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
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h1techSlave
04-27 10:29 PM
Most points are for joining the US Armed forces . I see where this is going .
Smart move, wouldn't you say?
Cheers,
h1techSlave
Smart move, wouldn't you say?
Cheers,
h1techSlave
nashdel
04-09 08:10 PM
In my non professional opinion if your wife I 140 is approved then you should have a very low risk for any problem. If I 140 is not approved then you are taking a little more risk. If 140 is rejected, your EAD work might be invalid.
good Luck
good Luck
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ivgclive
07-25 10:00 AM
Wait a minute....
So, it does not matter whether you have GC or not,
Dealing with USCIS and paying lawyers are part of rest of your life....
So, it does not matter whether you have GC or not,
Dealing with USCIS and paying lawyers are part of rest of your life....
more...
chicagobuddy
05-25 01:02 PM
thanks dude..
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Rockford
07-17 02:54 PM
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
Then every one has to be moron to participate in this forum. Most ,if not all, are anonymous here too. You take them what for what they are worth...
or did you post the comments yourself and like the attention?
Then every one has to be moron to participate in this forum. Most ,if not all, are anonymous here too. You take them what for what they are worth...
more...
gcformeornot
01-12 09:56 AM
^^^^
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Pankaj
08-18 04:59 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
more...
talash
11-19 01:08 PM
Hi friends ,
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
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boreal
09-23 12:07 PM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)
more...
Jeff Wheeler
06-08 07:25 PM
Some really great ones. Congratulations to whomever wins (although I'm sure I'll congratulate you again), and thanks for holding this great contest. :)
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GCPagla
03-15 10:16 PM
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
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
more...
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jonty_11
07-05 04:41 PM
I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
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syzygy
07-21 10:41 AM
This is smart idea. Will convey the message to right people.
This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.
We now have a senator to focus our energies on - Dick Durbin.
How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?
Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.
maybe we can send an apple too :D
sending to sen obama will make sure the issue is played in media because of the presidential coverage.
more...
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tinamatthew
07-21 04:08 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).
Talk to your lawyer, it may make sense to file now!
Any ideas when can be the date current again(for my PD atleast)?
Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).
Talk to your lawyer, it may make sense to file now!
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centaur
02-09 08:39 AM
I brought this up in July 2006, about atleast filing a class action lawsuit, even if its thrown out of court, we have attention of the news media. Being a taxpayer we are entitled to use the court system. But, at that time I was practically boo-ed of the website to the extent, that I erased my comments and stopped coming to this website.
If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.
Grounds:
1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.
But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.
2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.
These are two very big grounds, another would be taxation without representation.
I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.
I think it will also bring CIR to debate sooner.
If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.
Grounds:
1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.
But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.
2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.
These are two very big grounds, another would be taxation without representation.
I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.
I think it will also bring CIR to debate sooner.
more...
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dollar500
08-09 09:04 PM
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
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glamzon
07-19 10:59 PM
Chicago - Yes (Hope Exists)
Atlanta - No
Atlanta - No
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ss1026
08-06 08:58 AM
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
I think that 1/3 of PENDING cases have been stuck for more than one year, not 1/3 of all cases. Trust me if 1/3 of all cases were stuck for more than one year, there would be a huge outcry
skv
07-18 01:51 PM
Atlanta PERM Center belongs to DOL not USCIS
We need more people to know about the issue at the Atlanta PERM center.
I'm sure, our immigrationvoice will support as always. :-)
We need more people to know about the issue at the Atlanta PERM center.
I'm sure, our immigrationvoice will support as always. :-)
abhijitp
02-16 11:07 AM
See you there on Sunday
This is awesome!
Gsc999 we promise to do our best here too... we badly need volunteers, though.
This is awesome!
Gsc999 we promise to do our best here too... we badly need volunteers, though.
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