kondur_007
08-16 06:29 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
bbct
04-16 11:21 AM
That really sucks.
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
iviviv
11-01 09:33 PM
Contact www.murthy.com
rajpatelemail
01-15 06:40 AM
Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
more...
dskhabra
02-23 02:38 PM
Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.
sk.aggarwal
03-16 06:01 AM
When you get insurance from employer, you pay with pretax money. With online policy you will have to pay with taxed money. Unless it is atleast 30% cheaper than one offerd by employer, I will not go with it. You may be able to get tax deduction later, but it has limits
more...
bidhanc
09-22 03:40 PM
Hahha...that was funny.
You think God has the guts and come do battle with USCIS??? :)
Another bizzare behaviour with Renewal of Efile EAD....
My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...
God come down to earth and save us from this atrocity....
You think God has the guts and come do battle with USCIS??? :)
Another bizzare behaviour with Renewal of Efile EAD....
My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...
God come down to earth and save us from this atrocity....
kumsoft
07-02 03:04 PM
Dear Follow member,
Our inability to apply for I-485 due to unethical behavior of USCIS is not covered by any major news channel. I searched in google and looked up all major news web site, non has this news. When all these news channels can cover illegal immigrations, why cant they have some space for legal immigration. We are legal immigrants, shouldnt be afraid of anything. We pay a lot of taxes and we dont diserve this 3rd rated treatment. So go call every major news channel in your local area and request them to cover this news. I called Fox10, ABS15 & AZ Republic in Phoenix area. Spread this news and create awareness and we should be able to get justice.
Our inability to apply for I-485 due to unethical behavior of USCIS is not covered by any major news channel. I searched in google and looked up all major news web site, non has this news. When all these news channels can cover illegal immigrations, why cant they have some space for legal immigration. We are legal immigrants, shouldnt be afraid of anything. We pay a lot of taxes and we dont diserve this 3rd rated treatment. So go call every major news channel in your local area and request them to cover this news. I called Fox10, ABS15 & AZ Republic in Phoenix area. Spread this news and create awareness and we should be able to get justice.
more...
SkilledWorker4GC
08-10 07:32 PM
Count me in.
lvinaykumar
09-09 08:39 AM
I am going to meet TANA organisers again this month. I will try get more details for them on what kind of help do they need.
more...
pr02
06-19 06:24 PM
From what I remember about my talk with the INS doctor: A child is administered the Tetanus shot three times in the first year or year and half after birth. There after, the shot needs to be taken every 10 years. What the doc is referring to could be based on his assumption that you have never had a shot earlier. Our doc said the same thing to my wife (I had immunization records that showed I had shots early in life). However, he also mentioned that the INS almost never follows up, and the remaining shots are "advised" not "enforced".
Hope that helps.
Hope that helps.
EB-VoiceImmigration
08-14 01:07 AM
can i apply one more I-140 , and what will be my case in this situation
If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.
If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.
But like other members suggested, please consult attorney.
If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.
If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.
But like other members suggested, please consult attorney.
more...
abe1
06-22 10:56 PM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
makino_a55
01-29 10:06 PM
Cases filed in the so called 245 -i
do they have to go the same procedure like any other employement category???
i mean , 1. get labour approved by state and fed ,
2. get 140 approval ,
3.file I-485 get approval and then do they get their GC.
My question is if they have to go through all this process and if their labours are still stuck at Back log centers then there is no point in stopping the PD's
at all , no one knows for sure when the labours will get cleared , I-140's cleared etc., for the 245-i cases.
if they have to go through all the above i feel that the pD's will move ahead for some time and move back again.
a big mistake in the justification /estimation BY DOL to stop pds , if the 245-i cases have to go through the same procedure as employement cases.
Any thougths /opnions???????
do they have to go the same procedure like any other employement category???
i mean , 1. get labour approved by state and fed ,
2. get 140 approval ,
3.file I-485 get approval and then do they get their GC.
My question is if they have to go through all this process and if their labours are still stuck at Back log centers then there is no point in stopping the PD's
at all , no one knows for sure when the labours will get cleared , I-140's cleared etc., for the 245-i cases.
if they have to go through all the above i feel that the pD's will move ahead for some time and move back again.
a big mistake in the justification /estimation BY DOL to stop pds , if the 245-i cases have to go through the same procedure as employement cases.
Any thougths /opnions???????
more...
Porch
08-24 09:32 AM
I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.
ashoka
09-26 02:27 PM
Texcan,
Thank you.
Thank you.
more...
pappu
12-05 03:21 PM
This weekend from 9 dec till 13 I will be in Indianapolis. So any local members that would like to interact with me for volunteer effort on the state chapter should contact me. himanshu at immigrationvoice.org and send your contact details. Based on the number of people that respond we can set up something.
raj_k
03-23 10:24 PM
Frist's enforcement only bill will be very popular in the house, but is unlikely to pass the senate. There seems to be quite a few republican senators (Specter, Mccain, Graham, Brownback to name a few) who might vote against any bill which is not "comprehensive". They along with the dems easily have more than 50 votes to block. Now, even if Frist's passes senate, it has to be reconciled with the house version - there are plenty of vocal anti EB folks there and hardly anyone pro. So if push comes to shove, Frist would probably agree to drop the EB provisions and pass rest of the bill , so that he can take credit and hit the '08 presidential campaign trail.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
Raj Iyer
09-22 04:38 PM
Go for premium processing.
anilsal
12-13 12:01 PM
What on earth makes you legal to work with an expired Visa?
Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.
To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.
Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.
To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.
pappu
02-10 10:42 AM
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/AC21_FAQ
We have created this area for the topic. You can also add useful info to it to help others.
We have created this area for the topic. You can also add useful info to it to help others.