mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
wallpaper Long Hairstyles Mohawk
mirage
03-11 04:59 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!Find the pdf with the questions he asked and compare to the answers they gave.
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
compare that with what happened with visa bulletin fiasco.
I think it was Zoe lofgren who sent a letter with very pointed questions to USCIS. I don't believe they made public their answer or if they answered it at all; and instead of fighting with Senator they reversed course and opened up the visa dates again. (A big part of me thinks that it was pure financial decision. USCIS was going to have fee increase and they realized that they would lose a lot of money but after they did their analysis; they realized their breakeven point was each candidate renewing ead/ap once and they would break even. They would even come out further ahead by allowing the applications because people would be renewing at least three times whereas in old fee structure it was only built in for one renewal).
gcgreen
08-11 06:26 PM
IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
2011 african american hairstyles
somegchuh
01-05 01:48 PM
As a PMP who works in a large corporation let me give you another side of the story.
1. PMP certification can get you a PM job and boost your earnings but if you hate having to deal with lots of people PM job is not for you.
2. PMP is for large projects in large corporations. If you like working in fast paced tech companies stay away from PMP. Basically PMP is meant to manage all the fluff that exists in large corporations.
3. Also, be ready for insults from technical staff. They treat PM's like idiots and quite frankly a lot of PM's are merely schedule jockeys. Very few PM's are true to their profession.
4. Bottomline: $500 is worth the investment. Do not shy away from it if you like PM kind of work.
1. PMP certification can get you a PM job and boost your earnings but if you hate having to deal with lots of people PM job is not for you.
2. PMP is for large projects in large corporations. If you like working in fast paced tech companies stay away from PMP. Basically PMP is meant to manage all the fluff that exists in large corporations.
3. Also, be ready for insults from technical staff. They treat PM's like idiots and quite frankly a lot of PM's are merely schedule jockeys. Very few PM's are true to their profession.
4. Bottomline: $500 is worth the investment. Do not shy away from it if you like PM kind of work.
more...
Jaime
08-31 04:26 PM
Thank you! The reporter interviewed me for this story and I didn't even know it was published.Wow, you're the guy in the article? Good job!
mpadapa
02-11 11:21 AM
arnab221, I greatly respect your opinion. Here is the primary assumption from the famous thread EB2 will be current in a year (http://immigrationvoice.org/forum/showthread.php?t=20185).
I presume EB2 India will be current by next October. Till now for EB2 India there are only 1/3 of 7% of 140K visas which are 3,266. Due to the new change of horizontal fall outs EB2 India exclusively getting about 32k visas, very little share to china. So this change making an availability of about 30k aditional visas to EB2 India along with regular 3,266. So total About 32K visas for EB2 India. This includes unused Family Visa Numbers as well. So from now on EB2 India getting almost 10 times more visas.
And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.
From the DOS data we know EB2-I got only 14,819 instead of 32K assumed in the above quote. We all hope things would be better but reality seems to be different.
On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,
I presume EB2 India will be current by next October. Till now for EB2 India there are only 1/3 of 7% of 140K visas which are 3,266. Due to the new change of horizontal fall outs EB2 India exclusively getting about 32k visas, very little share to china. So this change making an availability of about 30k aditional visas to EB2 India along with regular 3,266. So total About 32K visas for EB2 India. This includes unused Family Visa Numbers as well. So from now on EB2 India getting almost 10 times more visas.
And due to the change to Horizontal Fall out of Visa Numbers from Vertical Fall outs, Its not the India which loses but its EB3 ROW.
From the DOS data we know EB2-I got only 14,819 instead of 32K assumed in the above quote. We all hope things would be better but reality seems to be different.
On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,
more...
pappu
11-03 03:09 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
______________________
Not a legal advice.
US citizen of Indian origin
That is exactly I was trying to tell people here. Each lawyer can interpret law and put on his website. But the fact is we have not seen a single case of citizenship denial or RFE where someone had changed the job immediately after getting a job. If there was any such case, send it across for us to see.
______________________
Not a legal advice.
US citizen of Indian origin
That is exactly I was trying to tell people here. Each lawyer can interpret law and put on his website. But the fact is we have not seen a single case of citizenship denial or RFE where someone had changed the job immediately after getting a job. If there was any such case, send it across for us to see.
2010 lack hair styles mohawk.
Drifter
04-03 12:28 PM
Pappu and core...
This shows how committed IV to help a fellow member. Keep this alive. you are real leader to me now.
I did donate in the past and I did NOT become Donor when IV created donor forum, BUT...... Your open support to "Drifter" made me to become donor. I subscribed to IV now and this
keep us updated on "Drifter" situation...
I have been a long time supporter of IV and all the work that IV does, I have been on this forum for close to three years now and have always believed in the cause of IV and have actively taken part in a lot of the efforts that IV has undertaken and have contributed monetarily as well .
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
This shows how committed IV to help a fellow member. Keep this alive. you are real leader to me now.
I did donate in the past and I did NOT become Donor when IV created donor forum, BUT...... Your open support to "Drifter" made me to become donor. I subscribed to IV now and this
keep us updated on "Drifter" situation...
I have been a long time supporter of IV and all the work that IV does, I have been on this forum for close to three years now and have always believed in the cause of IV and have actively taken part in a lot of the efforts that IV has undertaken and have contributed monetarily as well .
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
more...
kaisersose
06-05 12:18 PM
According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.
Now it appears, they would require an approved 140.
Now it appears, they would require an approved 140.
hair Short Mohawk Hairstyles for
javadeveloper
01-09 11:37 AM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
As per my knowledge:
You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
As per my knowledge:
You can take up to 60 days to submit COBRA forms.Apply for COBRA only when you used Doctors/Hospitals in these 20-30 days.If don't use doctors/hospitals in these 20-30 days you don't need insurance.You'll automatically get insurance from new company after 20-30 days.
more...
saketkapur
07-21 07:38 PM
Well I guess one way to make a point is by having a fax, letter and email campaign to let Businessweek know that they will be boycotted.
The other thing to do is get Businessweek declared into a racist publication and every blog entry should mention it so that any google search should bring mention the same.
We need to plug the pieholes from which this crap flows.......
The other thing to do is get Businessweek declared into a racist publication and every blog entry should mention it so that any google search should bring mention the same.
We need to plug the pieholes from which this crap flows.......
hot Black hair styles
anura
04-29 03:17 PM
:D
Actually the SU-30MKI beat both the F-15 and Eurofighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development
So ? What is it got to do with my comment or immigration?
Actually the SU-30MKI beat both the F-15 and Eurofighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development
So ? What is it got to do with my comment or immigration?
more...
house Black Hairstyles : Short lack hairstyles, Mohawk, Funky, Cornrows for Prom
Asian
09-15 10:33 AM
For those who already received GC, it is trivial. For us who have not received it yet, it is a life or death matter. So please don't play with it. I hate to meet the green card holder who brags as if it were nothing.
tattoo mohawk hairstyles for lack
rockstart
05-15 09:16 AM
I think they want to first help people with US degrees. Since that boosts education industry in US as people thinking of studying in UK Australia will now think of US more postively.
more...
pictures The Black Braided Hairstyles and lack curly hairstyles,
Motivated
11-09 10:52 AM
The 111th Congress begins its lame duck session on November 15th. The major item on the agenda will be what to do with President Bush�s tax cuts which are set to expire on December 31, 2010. This election was a major boost to the Republicans and it will affect the tone of this session. There are two immigration items on the agenda. Just before the election, Sen. Menendez promised that he would bring Comprehensive Immigration Reform to the floor during this session, and Sen. Reid made a firm promise of a floor vote on DREAM. Sen. Reid won a convincing victory over his rival due to the staunch support of Latino voters in Nevada. Many activists for DREAM worked hard for Sen. Reid�s campaign helping him cinch his victory. We urge Majority Leader Reid to keep his promise for a floor vote for DREAM during the upcoming session. The country is watching to see if the two Democratic Senators will keep their promises.
NO CIR
Maybe Dream Act
Anything for us in the lame duck session?
NO CIR
Maybe Dream Act
Anything for us in the lame duck session?
dresses african american hairstyles
eilsoe
02-07 08:50 AM
****
I was ahead 9 votes before, how did you rack up 6 so fast???
I was ahead 9 votes before, how did you rack up 6 so fast???
more...
makeup Celebrity Black prom hairstyle
reno_john
06-19 02:17 PM
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
Get a approval notice for I-140 and file I-485 urself, if I-140 not approved then get the receipt number and file urself
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
Get a approval notice for I-140 and file I-485 urself, if I-140 not approved then get the receipt number and file urself
girlfriend Medium Black Hairstyles
downthedrain
02-18 04:39 PM
another LUD today for me 02/17
Another LUD 02/18...probabaly another RFE
Another LUD 02/18...probabaly another RFE
hairstyles Natural Black Hairstyles
bluekayal
01-27 12:41 AM
"Bringing Congress to the People."
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
isantem
07-28 10:07 PM
That was a very illogical reply to the per-country limit question. How come a large number of people from certain countries automatically eliminate people from smaller countries from getting green cards? That's an extremely dumb way of looking at it.
will go to people from India and China,
If you remove the limits, yes most of the cards THAT'S BECAUSE THEY'RE #$@!$ING BACKLOGGED FOR DECADES DUE TO THE LIMITS!!
Is not DUE the limits, is due many aplications from India.
The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:
will go to people from India and China,
If you remove the limits, yes most of the cards THAT'S BECAUSE THEY'RE #$@!$ING BACKLOGGED FOR DECADES DUE TO THE LIMITS!!
Is not DUE the limits, is due many aplications from India.
The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:
kaisersose
06-05 12:18 PM
According to the 2005 memorandum, it was possible to change employers even if the 140 was not approved. But it was clear that an RFE that was not responded to, would deny everything.
Now it appears, they would require an approved 140.
Now it appears, they would require an approved 140.
