Winner
04-21 02:26 PM
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
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Templarian
11-11 12:48 PM
Where are the winners posted? It's already 11th !
Remember the time zones. The contested only ended 7 hours ago (think I did that math right).
Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.
Remember the time zones. The contested only ended 7 hours ago (think I did that math right).
Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.
ArkBird
07-29 05:23 PM
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
� Execute the company�s technology architecture and strategy.
� Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
� Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
� Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
� Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
� Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
� Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
� Travel approximately 25% of the time to both in-country and international destinations.
� Perform other duties as assigned by the VP of Software Development
Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development
Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
� Execute the company�s technology architecture and strategy.
� Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
� Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
� Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
� Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
� Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
� Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
� Travel approximately 25% of the time to both in-country and international destinations.
� Perform other duties as assigned by the VP of Software Development
Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development
Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system
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pachai_attai
09-04 09:05 AM
485 approved on August 31st. Approved 3 weeks after I sent out the RFE.
more...
bsbawa10
01-24 05:03 AM
Suggestions.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
Very nice suggestions. More participants needed please.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
Very nice suggestions. More participants needed please.
abhisam
07-09 11:50 AM
I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.
Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?
My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.
I would really appreciate your advice on this.
Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?
My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.
I would really appreciate your advice on this.
more...
lostinbeta
10-04 12:12 AM
Oh yeah "layer 1" just refers to the layer with the original shape and "layer 2" just refers to the layer with the fill. They assume you aren't giving names to your layers which is why they have it in quotes.
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desi3933
02-22 01:36 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
more...
H1B-GC
02-16 10:26 AM
Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.
Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??
Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??
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grupak
08-10 11:17 PM
Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
more...
gcisadawg
03-25 04:52 PM
voted for vamsi's qn....
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Rb_newsletter
08-20 03:35 PM
I would suggest get the passport renewed in India using tatkal system. That way you don't have to worry about POE or getting your passport renewed in USA.
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pd_recapturing
06-17 02:27 PM
Today, I just saw in one of the threads in that a guy received his GC last week. He chnaged jobs twice on AC21. So dont worry, you can change jobs n number of times.
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smiling08
09-19 08:52 AM
HI All,
I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!
Fan
I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!
Fan
more...
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vkkkk
06-22 04:13 PM
Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?
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fate rules everthing......dont think toomuch
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saibaba
01-21 04:30 PM
You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.
I second u...Infact I strongly advise everyone to use AP instead of taking chance with H1 stamping(keeping the PIMS,Secuirity check related delays in mind)...
At POE, they just verified my passport expiry date and AP Expiry date..and let me IN....
I second u...Infact I strongly advise everyone to use AP instead of taking chance with H1 stamping(keeping the PIMS,Secuirity check related delays in mind)...
At POE, they just verified my passport expiry date and AP Expiry date..and let me IN....
more...
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rockstart
07-30 07:21 PM
I think EB2 is easy if you have US Masters. Since you have a 3 year degree you need to prove that it is equivalent to US BS degree
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ajaz
06-02 04:05 PM
I filed my eEAD 45 days back, competed finger printing 15 days back, still I don't see LUD on my case; However, my spouse who filed 30 days back had 3 LUD, and a recent after finger print.
Can guys suggest, is this common. Usually after FP I should see a LUD, right? What are my options..
You response is highly appreciated.
Thanks
Can guys suggest, is this common. Usually after FP I should see a LUD, right? What are my options..
You response is highly appreciated.
Thanks
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satishku_2000
05-26 07:44 PM
As for as my knowlege pending I140s wont be effected. Senior members can currect me if i am wrong.
Thx.
All of the people who filed I-140 are screwed too because of the reduction in VISA numbers. This bill does not spare any one who is legally in this country.
Thx.
All of the people who filed I-140 are screwed too because of the reduction in VISA numbers. This bill does not spare any one who is legally in this country.
snathan
02-17 09:14 PM
Thanks a lot snathan.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
Yes...if you get the approval, you can join the company B, anytime you want.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
Yes...if you get the approval, you can join the company B, anytime you want.
Winner
04-21 02:26 PM
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
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