tomguide
10-05 04:56 PM
Hi,
I need your help on this tricky (at least for me) situation. I am a Software Developer right now and want to chanfe my job to a PM (product manager), but within the same division, same employer. Apparently the job descirption of PM (like new product functional design...) will be different from the one of developer (like new product technical design, coding...).
Right now, my GC status is: PERMLC got approved Dec/2006. I-140 was filed on Feb/2007 and still pending. I-485/AP/EAD were filed on Aug/2007 and pending.
My questions are:
1) I know the AC 21 law, say after Feb 2008(180 days after my 485 filing) and if the 140 gets approved by then too, I can do ANY job change within teh same employer or even switch to another employer, is this true? Or, I still have to stick to the similar job type(SW developer in my case), no matter within a same employer or different one?
2) Before I can use AC21, say from now to Feb2008, I know I can not switch to another employer. But can I change my job to PM with the same employer. Will this affect my 485/GC case? If so, is there any solution or workaround so that I can change my job "smartly" without affecting 485?
Thanks a lot for your help!
I need your help on this tricky (at least for me) situation. I am a Software Developer right now and want to chanfe my job to a PM (product manager), but within the same division, same employer. Apparently the job descirption of PM (like new product functional design...) will be different from the one of developer (like new product technical design, coding...).
Right now, my GC status is: PERMLC got approved Dec/2006. I-140 was filed on Feb/2007 and still pending. I-485/AP/EAD were filed on Aug/2007 and pending.
My questions are:
1) I know the AC 21 law, say after Feb 2008(180 days after my 485 filing) and if the 140 gets approved by then too, I can do ANY job change within teh same employer or even switch to another employer, is this true? Or, I still have to stick to the similar job type(SW developer in my case), no matter within a same employer or different one?
2) Before I can use AC21, say from now to Feb2008, I know I can not switch to another employer. But can I change my job to PM with the same employer. Will this affect my 485/GC case? If so, is there any solution or workaround so that I can change my job "smartly" without affecting 485?
Thanks a lot for your help!
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docker
06-04 03:33 PM
All,
My current job desc requires an MS + 3 or BS + 5 years experience, with special certification like six sigma required. When my labor was filed, I had exactly 3 years of experience. The above was what I filed for my PERM application. I am planning on moving to another job where the job description is similar ( my i-140 is approved and my i-485 has been pending for more than 6 months) , but the new job requires an MS + 6 years or a BS + 8 and no special requirements. I gained 3 more years of experience with my current job description, but does that count since I gained it after my PERM was filed? Also, do educational requirements matter in order to port? any help is greatly appreciated..
thanks,
My current job desc requires an MS + 3 or BS + 5 years experience, with special certification like six sigma required. When my labor was filed, I had exactly 3 years of experience. The above was what I filed for my PERM application. I am planning on moving to another job where the job description is similar ( my i-140 is approved and my i-485 has been pending for more than 6 months) , but the new job requires an MS + 6 years or a BS + 8 and no special requirements. I gained 3 more years of experience with my current job description, but does that count since I gained it after my PERM was filed? Also, do educational requirements matter in order to port? any help is greatly appreciated..
thanks,
srigc2010
03-08 03:34 AM
Hi,
I have march 2005 priority date. I got a job in big company. How safe is it to invoke ac21? What all precautions/steps do I need to take? if it is risky, i will continue in my current company. Can you please respond with your experiences?
Thanks so much in advance.
I have march 2005 priority date. I got a job in big company. How safe is it to invoke ac21? What all precautions/steps do I need to take? if it is risky, i will continue in my current company. Can you please respond with your experiences?
Thanks so much in advance.
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shana04
01-26 12:29 PM
Hi. I just e-filed my I-539, status of change request from F-1 to H-4. I just found out that I chose "North Korea" for my citizenship, while it was supposed to be "South Korea". I chose "South Korea" for the passport issuance country.
How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?
Thanks in advance.
you need to write a covering letter describing your mistake and mention all the supporting documents
Supporting documents can be
1. your passport
2. your husband passport with your name mentioned on it
3. your birth certificate
4. your educational certificate (if it specifies your country of birth)
I would suggest to send at least two or three supporting documents which shows your date of birth.
In fact I did the same problem and I had to send the supporting documents.
good luck.
How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?
Thanks in advance.
you need to write a covering letter describing your mistake and mention all the supporting documents
Supporting documents can be
1. your passport
2. your husband passport with your name mentioned on it
3. your birth certificate
4. your educational certificate (if it specifies your country of birth)
I would suggest to send at least two or three supporting documents which shows your date of birth.
In fact I did the same problem and I had to send the supporting documents.
good luck.
more...
stxvr
06-30 08:36 PM
My passport was expiring so I applied for the new passport to indian embassy San fransisco. I got this new passport from indian embassy san fransisco. Now my company has applied for my H1B extension with the details of this new passport. We got a receipt number for the H1B extension but it looks like that it will take 2 more months to get the actual extension in hand.
Recently I found that my new passport has my mother's name speling mistake (one letter wrong). I am planning to call indian embassy to make this correct. As they made this mistake while creating this new passport ( my old passport and the application had the correct mother name )
I have following questions:
1. Does embassy cancels the existing passport and issues new passport in such case ? OR
It makes correction in the existing passport.
What does it do in such cases?
2. If embassy cancels the current passport and issues the new passport then in that case I should go for this change after I got my H1B extension approval (because my H1B extension has the details of current passport). is my understanding correct?
3. Say I reqest for this change after getting the approval of H1 extension and I get a new passport from the indian embassy then in that case do I need to inform about that new passport to the USCIS.
What should be the best sequesnce OR way to correct all this.
Recently I found that my new passport has my mother's name speling mistake (one letter wrong). I am planning to call indian embassy to make this correct. As they made this mistake while creating this new passport ( my old passport and the application had the correct mother name )
I have following questions:
1. Does embassy cancels the existing passport and issues new passport in such case ? OR
It makes correction in the existing passport.
What does it do in such cases?
2. If embassy cancels the current passport and issues the new passport then in that case I should go for this change after I got my H1B extension approval (because my H1B extension has the details of current passport). is my understanding correct?
3. Say I reqest for this change after getting the approval of H1 extension and I get a new passport from the indian embassy then in that case do I need to inform about that new passport to the USCIS.
What should be the best sequesnce OR way to correct all this.
GCVivek
03-29 05:13 PM
There is no 6-year H1B visa. There is only 3-year H1B visa that can be renewed again for a total of 6-years stay on US soil. If you have spent 5 years on US soil and your tourist visa visits add ip to say 5 months, you still have 7 months on your H1B term. Even if you get a new visa it will be only for 7-months validity. Sometimes, USCIS makes a mistake and issues new 3-year visa but that is a gamble. Why not just stay off-US soild for a few months?
I left the US for good after spending around 5 years on H1-B sometime last year and have only made entries on tourist visa. Can I apply for a new 6 year H1-B quota since leaving the H1-B status last year or will I have to spend 1 year outside since the last tourist visa entry ?
I left the US for good after spending around 5 years on H1-B sometime last year and have only made entries on tourist visa. Can I apply for a new 6 year H1-B quota since leaving the H1-B status last year or will I have to spend 1 year outside since the last tourist visa entry ?
more...
Aah_GC
11-25 06:37 PM
I think it is not the company but the service provider's gateway address. This usually happens in Iselin, Edison - NJ areas where there is a huge concentration of immigrants. USCIS is probably tracking and blocking the IPs.
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mk26
03-03 09:56 PM
Check with your attorney, they can help you to get another copy..
more...
tcsonly
07-21 09:22 PM
i checked on the website, couldnt find it there. i will try calling the number when i get home. i asked in case anyone had the a similar question.
thanks,
ashish
Hi Ashish,
Just one search for Nebraska on USCIS website resulted the answer you were looking for.
Follow the link. Read the complete page to find out the correct address for sending your particular application type because each application has its own PO box number.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
-C.
thanks,
ashish
Hi Ashish,
Just one search for Nebraska on USCIS website resulted the answer you were looking for.
Follow the link. Read the complete page to find out the correct address for sending your particular application type because each application has its own PO box number.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
-C.
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pmat
01-31 04:38 PM
The only benefit of F1 over H4 is you get to use OPT and CPT. Doing an internship may be very beneficial if you are doing a MBA. After that OPT helps you to settle in a job and deal with H1B filing quota risks.
Regarding the downside of F1, many universities don't give instate tuition eligibility to students on F1. On H-4, you may pay instate tuition to many universities. So, check with the university that you are planning to attend.
Also, it will be very difficult to get a F1 visa stamp on your passport if I140 has been filed for you in the past. Its not a problem if you don't want to travel outside the country during your studies.
my 2 cents...
Regarding the downside of F1, many universities don't give instate tuition eligibility to students on F1. On H-4, you may pay instate tuition to many universities. So, check with the university that you are planning to attend.
Also, it will be very difficult to get a F1 visa stamp on your passport if I140 has been filed for you in the past. Its not a problem if you don't want to travel outside the country during your studies.
my 2 cents...
more...
jonty_11
05-22 03:22 PM
Just convert ur status to illegal and u will be all set.....
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gccovet
04-30 04:01 PM
Hello Gurus,
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
Until you get any decision on your H1 extension, you are still considered on H1.
GCCovet
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
Until you get any decision on your H1 extension, you are still considered on H1.
GCCovet
more...
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07-06 10:42 AM
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krishnam70
05-07 12:45 PM
USCIS Revises Filing Instructions and Direct Mail Program for the Application to Replace Permanent Resident Card (Form I-90)
WASHINGTON � U.S. Citizenship and Immigrations Services (USCIS) published a Federal Register notice on April 28, 2009 that changed the filing location and filing instructions for the Application to Replace Permanent Resident Card (Form I-90). The revised filing instructions require applicants to submit supporting documentation with their applications. Prior to this change, applicants were instructed to bring their supporting documentation to their biometrics appointments. The notice also revises the Direct Mail address for the Form I-90. Applicants must now file their Form I-90 and supporting documentation with the USCIS Lockbox facility in Phoenix.
This change in filing location affects all I-90 applicants filing a paper form, including those applicants filing the I-90 because their previously issued card was never received or because their existing card has incorrect data due to a USCIS error. This notice does not affect applicants filing an I-90 electronically or whose place of residence is outside the United States.
Beginning on April 28, 2009, applicants must submit their Form I-90 and supporting documentation to the USCIS Lockbox facility in Phoenix for initial processing, using the following addresses:
USCIS
P.O. Box 21262
Phoenix, AZ 85036
For USPS Express Mail and Courier Service deliveries, use the following address:
USCIS
ATTN: I-90
1820 Skyharbor Circle S Floor 1
Phoenix. AZ 85034
WASHINGTON � U.S. Citizenship and Immigrations Services (USCIS) published a Federal Register notice on April 28, 2009 that changed the filing location and filing instructions for the Application to Replace Permanent Resident Card (Form I-90). The revised filing instructions require applicants to submit supporting documentation with their applications. Prior to this change, applicants were instructed to bring their supporting documentation to their biometrics appointments. The notice also revises the Direct Mail address for the Form I-90. Applicants must now file their Form I-90 and supporting documentation with the USCIS Lockbox facility in Phoenix.
This change in filing location affects all I-90 applicants filing a paper form, including those applicants filing the I-90 because their previously issued card was never received or because their existing card has incorrect data due to a USCIS error. This notice does not affect applicants filing an I-90 electronically or whose place of residence is outside the United States.
Beginning on April 28, 2009, applicants must submit their Form I-90 and supporting documentation to the USCIS Lockbox facility in Phoenix for initial processing, using the following addresses:
USCIS
P.O. Box 21262
Phoenix, AZ 85036
For USPS Express Mail and Courier Service deliveries, use the following address:
USCIS
ATTN: I-90
1820 Skyharbor Circle S Floor 1
Phoenix. AZ 85034
more...
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jaocanada
05-18 09:53 AM
The Priority Date box on I-140 shows the priority date alright. But the one on I-1485 is blank. Please can any one check their I-485s and let know if you are also in the same situation?
Thanks!
Thanks!
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dbzfan33
09-08 09:02 PM
wow, i'm the last person to comment in this whole forum for 12 hours!!!
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Blog Feeds
09-15 12:40 PM
Today Immigration Customs and Enforcement ("ICE") (http://www.ice.gov/pi/nr/0909/090910elcentro.htm) announced an arrangement with Imperial County Sheriff's Department in which individuals during the booking process will have their biometric data checked with Department of Homeland Security ("DHS") data and FBI data to determine whether or not they are in the United States illegally. When a person's fingerprints match those of someone in DHS' biometric data system, ICE is automatically notified. ICE will then take steps to determine the individual's immigration status and then take appropriate action after the offender completes his or her prison term.
ICE already has agreements with Los Angeles County and San Diego County. Nationwide coverage is expected by 2013.
More... (http://www.californiaimmigrationlawyerblog.com/2009/09/more_california_counties_are_c.html)
ICE already has agreements with Los Angeles County and San Diego County. Nationwide coverage is expected by 2013.
More... (http://www.californiaimmigrationlawyerblog.com/2009/09/more_california_counties_are_c.html)
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grupak
11-16 09:53 AM
On the main page, go to the state chapter link under the main menu and find the NJ contacts... I think chandu23 can help. paskal is the national coordinator who can also help.
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goosetavo
03-03 02:22 AM
Any plans for IV to join this group? A national immigrants march on DC is planned for the end of the month, any word from IV?
gcdreamer05
11-14 02:54 PM
Many folks who are in h1b their spouses in h4 will be aware that they will not receive any stimulus package and they would not have received in 2008. Becuase the spouse cannot get SSN and without SSN no stimulus package even for the h1 holder.
Now 2009 another stimulus package is going to come, can folks in the same boat join together and can we do something , bring some awareness of this issue , so that we are atleast eligible for stimulus package.
http://finance.yahoo.com/taxes/article/106140/Taxpayers-Get-Second-Chance-at-Stimulus
Details about 2009 stimulus package.
We are not getting Green card, atleast give us stimulus package relief.
Now 2009 another stimulus package is going to come, can folks in the same boat join together and can we do something , bring some awareness of this issue , so that we are atleast eligible for stimulus package.
http://finance.yahoo.com/taxes/article/106140/Taxpayers-Get-Second-Chance-at-Stimulus
Details about 2009 stimulus package.
We are not getting Green card, atleast give us stimulus package relief.
sury
08-15 11:15 PM
Please check the checklist below and let me know if there is anything I am missing. I am filing AdvanceParole for me and my son
1 1-131 Application form duly signed
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - FORMS (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
2 a. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and
b. Make the check or money order payable to U.S. Department of Homeland Security
3 I-131 Fees
http://www.uscis.gov/files/nativedocuments/G-1055.pdf
4 2 passport size photos (2� X 2�) white background.
5 I-485 (Adjustment of Status) receipt copy
6 Photo identity document showing your photo, name, and date of birth. (Example: a valid government-issued driver's license or enlarged passport copy.
7 Mailing address for Service center depends on which state you live in US. Refer USCIS website.
8 1-129 (H1-B petition copy).
9 I-94 Latest copy.
10 I-539 (H4 petition copy).
11 Copy of Driver�s License.
12 EAD copy.
13 Copy of previous Advance Parole.
8,9,10, 11 are optional.
10 is for the dependent family members.
1 1-131 Application form duly signed
USCIS - Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - FORMS (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
2 a. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and
b. Make the check or money order payable to U.S. Department of Homeland Security
3 I-131 Fees
http://www.uscis.gov/files/nativedocuments/G-1055.pdf
4 2 passport size photos (2� X 2�) white background.
5 I-485 (Adjustment of Status) receipt copy
6 Photo identity document showing your photo, name, and date of birth. (Example: a valid government-issued driver's license or enlarged passport copy.
7 Mailing address for Service center depends on which state you live in US. Refer USCIS website.
8 1-129 (H1-B petition copy).
9 I-94 Latest copy.
10 I-539 (H4 petition copy).
11 Copy of Driver�s License.
12 EAD copy.
13 Copy of previous Advance Parole.
8,9,10, 11 are optional.
10 is for the dependent family members.
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