EndlessWait
07-23 08:08 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
and wait it out for 6 months and then change ur employer and find a job with the same skill set. as per USCIS ur job description has to be nearly 90% same.. so for u the best option would be to wait and watch..u've no other choice..
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
and wait it out for 6 months and then change ur employer and find a job with the same skill set. as per USCIS ur job description has to be nearly 90% same.. so for u the best option would be to wait and watch..u've no other choice..
wallpaper Women of Jamaica: please drop
gdilla
02-28 12:14 PM
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
But does it have to be strictly in the same category, namely some kind of electrical engineer?
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
But does it have to be strictly in the same category, namely some kind of electrical engineer?
boston_gc
01-25 05:49 PM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
2011 About Jamaica: Tattoos and
GreenCardLegion
03-22 01:41 AM
Gosh, very tragic. I pray for the victims as well as their families. Hope they get the strength to overcome this horrible grief. What the hell was this stupid lady doing at 1:45 AM midnight and driving so fast on the wrong lane. She must be out of her mind.
more...
Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
brb2
04-16 10:40 PM
Advanced degree = MS and higher
Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.
I am wondering if social science degrees would qualify as STEM. Some examples are -
MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations
What would be considered STEM
--------------------------------------------------------------------------------
What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?
Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.
I am wondering if social science degrees would qualify as STEM. Some examples are -
MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations
What would be considered STEM
--------------------------------------------------------------------------------
What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?
more...
telekinesis
11-16 04:55 PM
I voted for lostinbeta because he used photo manipulation instead of just slapping a bunch of brushes onto the stage, both look good, but lost had to have put more work into his!
2010 jack daniels tattoo. jamaica
gcformeornot
01-22 03:17 PM
had loan with IDBI with no penalty if self paid. If you transfer to another financial institue then they charge 2%.
more...
gc_on_demand
02-04 04:05 AM
All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
hair Jamaica#39;s Tattoo Babe
gg_ny
06-30 04:39 PM
Thanks, Sanju. I was wondering where to ask for assurance; looks like you have found a place. I too need some help: last time my fingerprint check took almost 8 months (!) and I gave one set of them again today. Can somebody assure me that they will comeback before the dates become U again. I am soon writing to Murthy, Oh, Schusterman and Ombudsman too. Thanks for the empathy - whoever responds..
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
more...
Madhuri
06-15 12:16 AM
I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.
hot CafePress gt; T-shirts gt; Jamaica Tattoo Tee. Jamaica Tattoo Tee
inskrish
04-18 09:42 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
more...
house Pumpkin Tattoo in Jamaica
msyedy
02-05 08:36 PM
1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
tattoo jamaica tattoo. Jamaica Tattoo; Jamaica Tattoo. GOTGC. 07-24 03:46 PM
IneedAllGreen
10-20 03:42 PM
First thing you can do is to get good education equivalent certificate from reputed company(like Trustforte). If your labor has stated that combination of degree is accepted then make sure that you write same wording in your edu equivalent certificate. Try to understand this that going to Appeal/AAO office is taking forever to response back (AS OF NOW THERE IS 26 MONTHS OF DELAY TO PROCESS I-140 THOUGH APPEAL PROCESS). How do I know about 26 months cause I got a letter from USCIS Washington DC office(through my Senetor) when I request Senetor's help in getting my I-140 approve from AAO office. So make sure that you prepare your document correctly before sending it to AAO/USCIS office. Foremost thing if your document has gone to AAO office then keep patience. After reading so many decisions from AAO office on I-140 appeal I understood that they will look into your case on de nuvo basis. Meaning AAO office will look at your all document that you sent from start to end to make sure that your appealed decision can be taken correctly. If you have enough time with you then I will recommend you to go through this AAO decisions. See link here Administrative Decisions (http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp)
Good luck with your I-140 appeal process.
Thanks
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
Good luck with your I-140 appeal process.
Thanks
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
more...
pictures Bob Marley Calf Tattoo
guyfromsg
09-20 02:37 PM
Just got H1 7th year ext approved. Planning a trip to Chennai in Nov. Tried to get the VFS appointment and nothing is there for this year. There used to be an emergency appointment link and it's no longer there. Am I missing something?
dresses jamaica tattoo. Jamaica Tattoo; Jamaica Tattoo. chisinau. 10-05 01:42 AM
morchu
05-04 04:37 PM
That I agree.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
more...
makeup TATTOO - JAMAICA PLAIN, MA
saurav_4096
11-28 02:38 PM
Did you check your junk folder ?
Yes I regularly check junk folder.
Yes I regularly check junk folder.
girlfriend jamaica tattoo.
invincibleasian
02-05 07:24 PM
Quit the company asap and transfer the h1 to a diff company!
hairstyles jamaica tattoo. Jamaica#39;s Tattoo Babe; Jamaica#39;s Tattoo Babe
jsb
10-29 02:49 PM
The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.
Adam
08-19 04:59 PM
hmm...my attempt
rpatel
08-14 03:38 PM
I went through the same ordeal about a year and a half ago. After unsuccessful attempts to buy it on my own through internet companies, I went to a good agent who got me a 20 year term life policy with a AAA rated company for about $220/year for a 500,000 coverage. Basically, I got the same rate an US citizen would get. I would advise you to go through an agent, they can do multiple quote and many are knowledgeable about H1 visas and the best thing is you don't pay any thing extra because the agents get their commission from the insurance companies. Hope this helps