kaisersose
12-07 12:05 PM
A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?
Thanks in advance
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks in advance
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
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sevenm
12-09 02:09 PM
The fiscal year starts in October 2007. Although you can apply from April 1, 2007 you can start working on October 1, 2007. You have to maintain legal status until October 1. Yor apllication for H1B does not guarantee you legal status before october 1.
jthomas
03-25 10:56 AM
Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
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eilsoe
10-03 01:11 PM
Man you're weird too....
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sasimks75
08-23 06:10 PM
To aarzoo, did you apply the I140 again in EB2? i am in the same boat. My lawyer said the samething and applied another i140 in Eb2. Can you please let me know your experience? Mine is applied in July 6th 2010.
pkd666
02-14 02:05 PM
Courts in NJ are not all that friendly to the employees in the case of a non-compete issue. I did some research in this regard when i was having trouble with my desi employer. If you were in California, you can just show him the finger, but NJ is different. If you did sign a non-compete agreement then i would suggest you try switching vendors and join the client after a while. but if you did not sign anything, then there is not much the employer can do.
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vxb2004
10-04 09:08 PM
Thanks for this valuable piece of information.
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SAP
02-06 09:47 PM
i would say give some peace of mind to your employer first you flirt with him that you will go to labor department. he will pay you and give you want u want with a smile. try it
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cox
November 14th, 2007, 08:50 AM
HI Keith,
Having shot 10's of thousands of pics on my cameras, I can tell you that I have formatted each of my CF cards only once, when I bought them. I've never had to reformat them for any reason. As Mats said, be careful not to pull them out of the camera when it's writing and you should have no problems.
There are many sensor cleaning threads here, but I'll echo the blower advice. The less you touch the sensor, the better off you are. I use an oilless diaphragm air compressor (for airbrush use, ~$100). It gives higher pressure air than a bulb blower, and has no propellants or oil in it that could end up on the camera. Most 'real' camera stores have sensor cleaning pads & solution these days. I too have used cotton swabs, and they will work, provided you don't leave any cotton fibers behind, which are a worse problem than the dust.
Good luck & have fun!
Having shot 10's of thousands of pics on my cameras, I can tell you that I have formatted each of my CF cards only once, when I bought them. I've never had to reformat them for any reason. As Mats said, be careful not to pull them out of the camera when it's writing and you should have no problems.
There are many sensor cleaning threads here, but I'll echo the blower advice. The less you touch the sensor, the better off you are. I use an oilless diaphragm air compressor (for airbrush use, ~$100). It gives higher pressure air than a bulb blower, and has no propellants or oil in it that could end up on the camera. Most 'real' camera stores have sensor cleaning pads & solution these days. I too have used cotton swabs, and they will work, provided you don't leave any cotton fibers behind, which are a worse problem than the dust.
Good luck & have fun!
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Ann Ruben
03-29 08:06 PM
Yes, if the I-140 has been approved, your brother is entitled to use the 2007 PD on any subsequent I-140.
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fcres
08-09 10:08 AM
I thought in one of the recent memos it stated its the date when the application is mailed. I will try to dig it out.
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rkat
12-13 02:31 PM
My sincere advice - if u are here currently on a visa then forget about applying for GC..! Complete your education and get ur degree. Then - PACK UR BAGS AND GO TO ANOTHER COUNTRY OR just go back home.! This GC is bussiness is honestly not worth it anymore.!! Sorry if i sound frustrated or disheartening but I'm only being practical & realistic.!
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frostrated
09-10 03:10 PM
I agree.
I have also heard that it can be picked up from a consulate. How does that work?
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
I have also heard that it can be picked up from a consulate. How does that work?
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
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sanjay02
07-28 02:47 AM
Hi
My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"
My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?
Thnks
My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"
My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?
Thnks
more...
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dreamworld
11-30 04:00 PM
I am agree with you. But my question how can we correct this issue? Called no of times and they are not able to correct the issue. If she travel with that status any issue?
Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.
Write to CISOmbudsman <CISOmbudsman.Publicaffairs@dhs.gov> and local congressman.
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neelu
07-09 12:33 PM
I dont think the exam results "expire". My guess is that they misplaced your wife's results/paperwork or something like that.
Another explanation is that they wanted confirmation of your wife's results.
These days Medical RFEs are very common. No one really knows why they ask these sometimes.
But get another medical checkup done and send it in, and you should be good.
Good Luck.
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
Another explanation is that they wanted confirmation of your wife's results.
These days Medical RFEs are very common. No one really knows why they ask these sometimes.
But get another medical checkup done and send it in, and you should be good.
Good Luck.
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
more...
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my_gc_wait
08-10 12:16 PM
yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
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vikramy
06-22 10:14 AM
From what i know If chest x-ray is clear you are good. I would suggest to find a different surgeon. good to have a second opinion
Guys,
I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.
The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.
My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.
My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.
The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.
If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.
Guys,
I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.
The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.
My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.
My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.
The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.
If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.
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Canadian_Dream
11-17 12:38 PM
Thread: If EB Reform happens it will happen in 2007
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
Texascitypaul
02-23 05:02 PM
Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Again thank you very much for the speedy reply.
So i need to file all at the same time the following..
Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
Affidavit of Support I-134 $0
Petition for Alien Relative I-130 $355
Application for Employment Authorization I-765 $340
Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?
Paul
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Again thank you very much for the speedy reply.
So i need to file all at the same time the following..
Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
Affidavit of Support I-134 $0
Petition for Alien Relative I-130 $355
Application for Employment Authorization I-765 $340
Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?
Paul
lj_rr
07-24 12:04 AM
Unfortunately No, Sometimes an early GC is a curse..
She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?
She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?
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