HV000
04-03 02:23 PM
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
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paskal
08-26 11:25 AM
frankly this is a drop in the ocean.
we all know that the process is broken. we all know that we face long years of waiting because of retrogression. ask BEC filers how bad things can become suddenly. ask people whose name checks have not cleared in 3 years.
we have our choices. we can wring our hands about who gets receipt notices first and whose ead comes faster. or we can try to be the grassroots organization that immigration voice really is (rather than exclusively an info forum for tracking dates) and stand up to petition for reform
these are just today's irritants. with 1 million applications at various places in the line, there will be many more tomorrow.
please choose wisely.
we all know that the process is broken. we all know that we face long years of waiting because of retrogression. ask BEC filers how bad things can become suddenly. ask people whose name checks have not cleared in 3 years.
we have our choices. we can wring our hands about who gets receipt notices first and whose ead comes faster. or we can try to be the grassroots organization that immigration voice really is (rather than exclusively an info forum for tracking dates) and stand up to petition for reform
these are just today's irritants. with 1 million applications at various places in the line, there will be many more tomorrow.
please choose wisely.
vicks_don
05-24 12:29 PM
sent fax
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smuggymba
03-31 12:59 PM
Done
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nixstor
01-23 09:31 PM
Same here. Company attorney mailed 3 year H1/H4 extension today. Hopefully, I will get H4 approval and I-94 before April 1st. If not, I will pray for the H1 cap increase. And if not, I will apply for H1 later this year under Masters quota.
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
Well, I am gonna give it a shot by going for PP and hope the H4 extension is approved as well along with 129. I will do that only if H1 cannot be filed for when a H4 application is pending. I am gonna check with some attorneys and will decide. The only catch is if you dont spend 2K or some thing you might lose 50/60K until oct 08 and time is of essence. Who wants to sit idle for so long?
H1B cap of 20K is for students with Masters Degree. If you have Masters Degree, you can file for H1 which will count against that cap. It has got nothing to do with job requirement.
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
Well, I am gonna give it a shot by going for PP and hope the H4 extension is approved as well along with 129. I will do that only if H1 cannot be filed for when a H4 application is pending. I am gonna check with some attorneys and will decide. The only catch is if you dont spend 2K or some thing you might lose 50/60K until oct 08 and time is of essence. Who wants to sit idle for so long?
H1B cap of 20K is for students with Masters Degree. If you have Masters Degree, you can file for H1 which will count against that cap. It has got nothing to do with job requirement.
kirupa
04-01 11:30 PM
Btw, I'm detecting some odd voting patterns such as a few entries suddenly jumping up in rank from votes from members who registered recently and have similar/identical IPs.
This isn't taken lightly, and once the poll is wrapped up, the offending entries will have their votes subtracted.
This isn't taken lightly, and once the poll is wrapped up, the offending entries will have their votes subtracted.
more...
vban2007
06-14 05:17 PM
Next week will be very crucial as CIR come back..
We need to start our campaign now..
Let keep the fight ON !!!!!!!!!!!!!
Ask CORE to advice
We need to start our campaign now..
Let keep the fight ON !!!!!!!!!!!!!
Ask CORE to advice
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PALLO
04-21 01:55 PM
is this a new bill or old one . original post dates back to 06.
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Sushiden
September 17th, 2004, 07:44 PM
All EF work!
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rxsimha
03-17 01:15 PM
Thanks for posting this link.
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read,
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
I currently working on H1 for the last 5 years.
I am a July 2007 I-485 filer and have my I-140 approved.
From what I read,
1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?
2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?
Thoughts....
more...
tn1
02-20 09:18 PM
Applied Nov 7
Still waiting
Still waiting
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pappu
02-17 09:06 AM
ivuser, thanks for posting your research. It will help members who want to think ahead after greencard stage or want to know about the defination of 'permanent job' for greencard when it is applied.
more...
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immigc06
06-07 02:40 PM
I filed mine on May 12 and sent to Phoenix Lock box and had the same issue. My checks are not cashed and am going through the same pain as you do. My lawyer suggested its not unusual to have these delays and it could take upto 4 weeks for the receipt notice to come. I am still tensed as the checks are not cashed and there is no receipt for the renewal. Please let me know how you are proceeding or find any new info
I will also share updates from my end
Thanks alot
I am in the same situation, my application was received on 5/11/2010. Checks are not chashed yet, my lawyer advised me to refile online after one week if filing fee is not an issue. She thinks the delay is unusual and if we are nearing the expiration date, just re-file online.
I will also share updates from my end
Thanks alot
I am in the same situation, my application was received on 5/11/2010. Checks are not chashed yet, my lawyer advised me to refile online after one week if filing fee is not an issue. She thinks the delay is unusual and if we are nearing the expiration date, just re-file online.
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vjone
04-09 05:35 PM
I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congrats 007.
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congrats 007.
more...
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whoever
06-17 04:05 PM
i dont have a marriage certificate, can an affidavit from both parents be used instead of a marriage certificate?
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nrk
07-20 10:43 AM
What is EB2-I please can you clarify. I am thinking EB2 is single entity.
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vin
09-17 12:58 PM
cool man! congratulations. Enjoy your gc.
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rajuram
09-11 07:28 AM
yes finger printing is not required, mine was issued recetly without FP. You can take a chance and send the photos. At the most they will ask for it again.
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gk_2000
05-04 10:06 PM
Hey, I have a question too
- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
- How come people like me go red after 1-2 posts, and utter rascals here remain fully green even after redded by many?
new_horizon
03-04 10:23 AM
From what I know TN visa is not dual intent like H1B. So you can't continue processing your GC when holding a TN visa.
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
GCBy3000
12-25 11:16 AM
3000 seems to be an average number.
I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.
I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.