md2003
10-24 10:39 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
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martinvisalaw
02-25 02:17 PM
Sorry to read about your mother's problems. As the other posters have said, please do NOT use any agency, office, notario, or other service that claims to be able to help unless they are really attorneys or a charity. Be especially careful of notarios - these are not lawyers in the US.
Your mother would not be eligible for TPS unless she was in the US before Jan 12, 2010. Hopefully you are a US citizen and can petition for her permanent residence (green card)
Your mother would not be eligible for TPS unless she was in the US before Jan 12, 2010. Hopefully you are a US citizen and can petition for her permanent residence (green card)
akashya
08-14 03:28 PM
Sorry I missed that.Yes I am employed .I will do that thorough my employer.But with out help of any attorney.
Thanks
Thanks
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idontcare634
04-07 07:35 AM
Hi,
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
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jatinr
08-07 08:14 PM
:confused:My company has filed my I-485 and not EAD/AP on July 20th.
I want to file EAD/AP on my own using old forms and old fees before August 17th.
I would like to know if I can send it NSC where I-485 was filed or as per the new instructions given for direct filing effec July 30th as per new forms.
Can I file without recieving I-485 receipt by just using Fedex Receipt and Copy of the cheque sent. As this point the cheque is not cleared and I have not received any receipt.
Does the filing with Fedex option is for people who have filed after July 17th?
I want to file EAD/AP on my own using old forms and old fees before August 17th.
I would like to know if I can send it NSC where I-485 was filed or as per the new instructions given for direct filing effec July 30th as per new forms.
Can I file without recieving I-485 receipt by just using Fedex Receipt and Copy of the cheque sent. As this point the cheque is not cleared and I have not received any receipt.
Does the filing with Fedex option is for people who have filed after July 17th?
prk_stl
06-30 04:28 PM
Thanks. I am guessing the same.. but for my friend, his lawyer entered the Card valid start and end dates on the EAD card for this date field...
that is why I am looking for a confirmation.
that is why I am looking for a confirmation.
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lazycis
03-04 10:39 AM
There are no guarantees when you are dealing with the USCIS. I was current in April 2005. Approval came in November 2007. Call the USCIS customer service and initiate service request.
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gcwaiting4031
11-26 04:48 PM
1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
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chanduv23
10-16 12:16 PM
Yes, if you take a back seat, USCIS will take the back seat so will the law makers, anti immigrants will take the front seat
Come on folks we have a tough battle ahead - get charged up
Come on folks we have a tough battle ahead - get charged up
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maddipati1
08-06 09:31 PM
reason is people started creating threads like this
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IV2007
04-02 12:53 PM
Can we have multiple jobs while on EAD ? say I ditch my H1 & convert to EAD.
Then can I have mulitple jobs, say I start a company, or work for others as well ?
Then can I have mulitple jobs, say I start a company, or work for others as well ?
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reginaldTed
12-02 06:39 AM
What kind of awesome university do you go to that assigns Flash+Silverlight combo projects?
Staffordshire uni, and it really isn't that awesome....
Staffordshire uni, and it really isn't that awesome....
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yagw
12-07 07:35 AM
Hello,
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
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wandmaker
12-26 10:42 AM
What document should I be sending to say that I am in I-485 adjustment status.
Along with other documents, include a copy of I485 Receipt Notice and EAD card.
Along with other documents, include a copy of I485 Receipt Notice and EAD card.
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rvr_jcop
02-18 10:29 PM
hi,
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).
questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?
Please let me know as my travel plans are dependent on this.
thanks and appreciate your prompt response
thank you.
I would go with 3. Wait here until AP approved and then leave the country. I didnt hear good experiences with mailing AP out of country.
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).
questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?
Please let me know as my travel plans are dependent on this.
thanks and appreciate your prompt response
thank you.
I would go with 3. Wait here until AP approved and then leave the country. I didnt hear good experiences with mailing AP out of country.
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sunny1000
07-01 04:14 PM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
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TheOmbudsman
06-14 10:27 AM
That's expected. The CIR contains highly controversial language there dealing with illegal aliens, which is clearly opposed by the majority of Americans. We are in the middle of it. That is it. It is silly expect otherwise. If you follow the results of last elections, you will see that there is a tendency that supporters of illegal alien legalization are losing. More and more we associate our provisions with CIR, less chances for us to see a bill passing.
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desi_scorpion
07-30 01:40 PM
she can change jobs without any problem as long she stays in h1b status....my wife is also in the same process
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Jiruharudo
04-19 02:12 AM
..Since when does bacon have a gender?? o_o;;;
gcby2099
05-03 10:35 PM
Guru's pl help..
One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.
Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?
Thanks in advance..
One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.
Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?
Thanks in advance..
NANO3
04-30 04:28 PM
thanks, appreciate the comments :party: