gregspirited
08-19 05:38 PM
Hello Guys,
I have been working with my current employer for last 3 years as Software engineer and filed for PERM last October (18th Oct 2007). My six year H1-B limit expires in January 2010.
Now I'm getting an opportunity to move into Technical Program Management internally (within the same company).
I have couple of questions based on the above scenario
1. Is it safe to take the new opportunity since I have to start over my PERM process (given the backlog in Atlanta center) and also given the amount of time left in my H1-B (approx 15 months left)?
2. If I file a new PERM application now, can I use the experience that I gained in this company as part of the app OR should I use only my previous employer's experience (which was 3-4 years ago and has little relation with what I might do in program management) for the PERM app?
Your replies are greatly appreicated and thanks for your time
I have been working with my current employer for last 3 years as Software engineer and filed for PERM last October (18th Oct 2007). My six year H1-B limit expires in January 2010.
Now I'm getting an opportunity to move into Technical Program Management internally (within the same company).
I have couple of questions based on the above scenario
1. Is it safe to take the new opportunity since I have to start over my PERM process (given the backlog in Atlanta center) and also given the amount of time left in my H1-B (approx 15 months left)?
2. If I file a new PERM application now, can I use the experience that I gained in this company as part of the app OR should I use only my previous employer's experience (which was 3-4 years ago and has little relation with what I might do in program management) for the PERM app?
Your replies are greatly appreicated and thanks for your time
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morchu
04-23 03:26 AM
I think I am missing something here. Can't you use the level3 wage listed on your link?
Flcdatacenter mentions that one reason for NA jobzone is that you mentioned a very broad occupation.
Would you be able to use:
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1031&year=9&source=1
or
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1021&year=9&source=1
so what do we do now..How can we get the accurate wage
http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2
if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage
O*Net™ JobZone: NA
Flcdatacenter mentions that one reason for NA jobzone is that you mentioned a very broad occupation.
Would you be able to use:
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1031&year=9&source=1
or
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1021&year=9&source=1
so what do we do now..How can we get the accurate wage
http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2
if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage
O*Net™ JobZone: NA
imcdude
04-19 03:28 PM
uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
Sorry to hear that dude.
Name Check as such is a nightmare(I'm stuck there) but to go thru it for more than 2 years and then redoing it is ATROCIOUS!
Please write a letter to the First Lady.
Also Please write to the USCIS director Emilio Gonzalez and also to your senators.
PM me if u need any info.
Sorry to hear that dude.
Name Check as such is a nightmare(I'm stuck there) but to go thru it for more than 2 years and then redoing it is ATROCIOUS!
Please write a letter to the First Lady.
Also Please write to the USCIS director Emilio Gonzalez and also to your senators.
PM me if u need any info.
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itsmesabby
10-15 10:43 AM
It's always good to have extra options in terms of work permit. We know that renewal is not cheap, but still safer to have the extra work permit and not solely depend on EAD.
more...
tinku01
07-10 02:07 PM
I am doing same thing for about one month but don't know what is happening. I talked to one travel agent in Mumbai and he is asking for Rs 3500 to get Hindi appointmnet. I don't know if people again started any trick to book appointments..
kirupa
02-27 06:27 AM
Swift 3D V2 provides a lot more options for exporting your files than Swift 3Dv1. I have a few basic tutorial up on my site regarding Swift 3D, but I will create more in the near future!
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Akia
03-01 12:14 PM
I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.
So I am not able to apply for a new H1B while on H4? Thanks!
So I am not able to apply for a new H1B while on H4? Thanks!
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lostinbeta
10-20 09:45 PM
Lots of radial blur :beam:
more...
Blog Feeds
06-03 03:40 PM
VIA AILA
FOR IMMEDIATE RELEASE:
Wednesday, June 3, 2009CONTACT:
George Tzamaras
202-507-7649
<a href="mailto:" gtzamaras@aila.org"="" style="color: rgb(51, 102, 153); ">gtzamaras@aila.org
ATTORNEY GENERAL HOLDER RESTORES DUE PROCESS FOR IMMIGRANTS INJURED BY INEFFECTIVE REPRESENTATION:
AILA praises decision by Attorney General to withdraw Matter of Compean.
WASHINGTON, DC*� The American Immigration Lawyers Association (AILA) welcomes the restoration of due process in the Immigration Court system. Attorney General Eric Holder today withdrew the decision issued by former Attorney General Mukasey on the last day of the Bush Administration, which had eviscerated the right to effective representation in Immigration Court proceedings. Attorney General Holder had stated during his confirmation process that he would review the Mukasey decision and that he disagreed with its reasoning. AILA is grateful for this restoration of a basic constitutional process�Due Process, in the immigration court system.
AILA commends Attorney General Holder for living up to his word, and for his clarity of understanding of not only the constitutional principle of due process, but also for the boldness with which he acted today. �The restoration of the prior standard for claiming ineffective representation in immigration court proceedings is a welcome sign that the Obama administration understands that the rights that apply to the least of us, apply to all of us,� said Charles H. Kuck, president of AILA. �By ensuring that immigrants seeking relief from the harsh consequences of deportation are assured that they will not be punished by the ineffective actions of their counsel, Attorney General Holder has reset the standard that the Constitution ensures. Today�s action, along with the other positive signs from the Administration signal that a restoration of our most sacred principles of justice has begun.�
###The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
More... (http://ashwinsharma.com/2009/06/03/aila-praises-decision-by-attorney-general-to-withdraw-matter-of-compean.aspx?ref=rss)
FOR IMMEDIATE RELEASE:
Wednesday, June 3, 2009CONTACT:
George Tzamaras
202-507-7649
<a href="mailto:" gtzamaras@aila.org"="" style="color: rgb(51, 102, 153); ">gtzamaras@aila.org
ATTORNEY GENERAL HOLDER RESTORES DUE PROCESS FOR IMMIGRANTS INJURED BY INEFFECTIVE REPRESENTATION:
AILA praises decision by Attorney General to withdraw Matter of Compean.
WASHINGTON, DC*� The American Immigration Lawyers Association (AILA) welcomes the restoration of due process in the Immigration Court system. Attorney General Eric Holder today withdrew the decision issued by former Attorney General Mukasey on the last day of the Bush Administration, which had eviscerated the right to effective representation in Immigration Court proceedings. Attorney General Holder had stated during his confirmation process that he would review the Mukasey decision and that he disagreed with its reasoning. AILA is grateful for this restoration of a basic constitutional process�Due Process, in the immigration court system.
AILA commends Attorney General Holder for living up to his word, and for his clarity of understanding of not only the constitutional principle of due process, but also for the boldness with which he acted today. �The restoration of the prior standard for claiming ineffective representation in immigration court proceedings is a welcome sign that the Obama administration understands that the rights that apply to the least of us, apply to all of us,� said Charles H. Kuck, president of AILA. �By ensuring that immigrants seeking relief from the harsh consequences of deportation are assured that they will not be punished by the ineffective actions of their counsel, Attorney General Holder has reset the standard that the Constitution ensures. Today�s action, along with the other positive signs from the Administration signal that a restoration of our most sacred principles of justice has begun.�
###The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
More... (http://ashwinsharma.com/2009/06/03/aila-praises-decision-by-attorney-general-to-withdraw-matter-of-compean.aspx?ref=rss)
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crystal
07-08 08:35 AM
related article on murthy for the Inadvertent Unauthorized Employment
http://www.murthy.com/news/n_hombus.html
http://www.murthy.com/news/n_nscuna.html
http://www.murthy.com/news/n_hombus.html
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sw33t
08-01 02:31 PM
Come on people. I wont stop bumping this thread until we reach 100.
:)
So sign up!
http://groups.yahoo.com/group/texasiv
:)
So sign up!
http://groups.yahoo.com/group/texasiv
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harsh
12-30 10:39 PM
I read somewhere that the new memo is effective immediately. So you should consult with your immigration attorney soon. You might be able to take advantage of the new memo and get 6 years of H1b.
more...
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sammielee
07-01 10:56 PM
In Canada, most people get a short version of their birth certificate. This is what I had and what was submitted. There is a long version, like a registration certificate, that most Canadians don't carry around and wouldn't order and that is now what USCIS requires. I didn't know that until the very end of my meeting for permanent residency. On the sheet/notification, it says that I have 90 days to submit the document, the long form of the birth certificate as "failure to comply with this request will be deemed grounds for denial of your application for lack of presecution". Although I immediately requested my birth certificate from the Canadian government, I have had to fight to get it pushed through fast enough and they now tell me it's processed but somewhere in the mail. I'm down to the last couple of days with no way of knowing where it is.
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shimul99
07-31 05:42 PM
140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485
In that i applied my I485 in July 2, 2007. AS i'm from bangladesh...when can i expect my AP, EAD and the I-485
In that i applied my I485 in July 2, 2007. AS i'm from bangladesh...when can i expect my AP, EAD and the I-485
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piyu7444
05-05 11:27 PM
Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
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sumanitha
04-05 09:55 PM
I read this article in Morningstar and felt bad!
More Americans Give Up Citizenship As IRS Gets Aggressive Overseas (http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201004050814DOWJONESDJONLINE000053_univ.xml)
The number of American citizens and green-card holders severing their ties with the U.S. soared in the latter part of 2009, amid looming U.S. tax increases and a more aggressive posture by the Internal Revenue Service towards Americans living overseas.
According to public records, just over 500 people worldwide renounced U.S. citizenship or permanent residency in the fourth quarter of 2009, the most recent period for which data are available. That is more people than have cut ties with the U.S. during all of 2007, and more than double the total expatriations in 2008.
An Ohio-born entrepreneur, now based in Switzerland, told Dow Jones he is considering turning in his U.S. passport. Mounting U.S. tax and reporting requirements are making potential business partners hesitate to do business with him, he said.
and the story continues................... :mad:
More Americans Give Up Citizenship As IRS Gets Aggressive Overseas (http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201004050814DOWJONESDJONLINE000053_univ.xml)
The number of American citizens and green-card holders severing their ties with the U.S. soared in the latter part of 2009, amid looming U.S. tax increases and a more aggressive posture by the Internal Revenue Service towards Americans living overseas.
According to public records, just over 500 people worldwide renounced U.S. citizenship or permanent residency in the fourth quarter of 2009, the most recent period for which data are available. That is more people than have cut ties with the U.S. during all of 2007, and more than double the total expatriations in 2008.
An Ohio-born entrepreneur, now based in Switzerland, told Dow Jones he is considering turning in his U.S. passport. Mounting U.S. tax and reporting requirements are making potential business partners hesitate to do business with him, he said.
and the story continues................... :mad:
more...
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hari-patti
10-11 09:41 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
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sabgau
06-16 09:50 PM
Thanks for replying, I checked around and found out that it an official courtesy call.
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neeidd
03-01 01:27 PM
neeidd,
I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.
Please enter the details of your Green Card application in your profile.
Thanks for the reply. I updated my profile
So which one is faster to get approved? E-filing or Paper based (If you consider yours vs your wife) ?
I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.
Please enter the details of your Green Card application in your profile.
Thanks for the reply. I updated my profile
So which one is faster to get approved? E-filing or Paper based (If you consider yours vs your wife) ?
BhanuPriya
04-20 01:27 PM
:p Yes....,
You can definitely change your Employer and continue working H1. You can even port your I140 Priority date to your new GC process. Just you need to have Receipt Number of your I-140. You don't even need to have I140 Approval notice.
Its better to take an advise from Reputed Immigration Attorney. They will do everything in your favour.
:D
You can definitely change your Employer and continue working H1. You can even port your I140 Priority date to your new GC process. Just you need to have Receipt Number of your I-140. You don't even need to have I140 Approval notice.
Its better to take an advise from Reputed Immigration Attorney. They will do everything in your favour.
:D
roseball
03-12 03:19 PM
I am in the same situation and my attorney advised me to definetely file my wife's H4 extension along with my H1, but make sure to only request her H4 extension till Sept 30, 2007 so that her H1 approved COS will take effect from Oct 1st.
Hope this helps.
Hope this helps.
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