rdehar
07-17 10:29 AM
H-1B - Specialty occupation : April 02, 2007
This has not changed in 1 month !!
Nice !!
This has not changed in 1 month !!
Nice !!
wallpaper I see Bee smiling from the
sanju
09-08 08:24 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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.
optimystic
10-29 09:08 PM
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
2011 quotes about smiling even when
aspiration
07-08 12:23 PM
I am not getting...
more...
Soul
02-16 07:41 PM
Haha yeh it was Eilsoe, but thats what makes a good battle...tension!
I suppose this way we're both happy? :beam:
- Soul :goatee:
I suppose this way we're both happy? :beam:
- Soul :goatee:
solaris27
10-09 07:53 PM
you can directly go to USCIS website and take printout of your approved I-140.
It will not have all informaion but more then enough to change job .
It will not have all informaion but more then enough to change job .
more...
indio0617
12-20 10:55 AM
At least some good news are arriving prior to the X'mas holiday! :p
This might have a huge impact on people who held a H4 b4 switching to H1B!
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...
This might have a huge impact on people who held a H4 b4 switching to H1B!
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
GOD! This is the best news I have heard this year ! I am yet to read the document in detail. Thanks for digging this out...
2010 quotes about smiles and love
nandakumar
05-15 01:42 PM
I agree,
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
There should be support from most congress person for any bill to pass. All IV members should call the local congress person and request them to support the pro legal immigration bills.
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members.....
Thank You!
more...
DOMBOSKO
04-14 11:43 PM
H-1B crisis: Cisco has 1,504 U.S. job openings to fill
http://www.networkworld.com/community/node/26583?nlhtcisco=rn_040408&nladname=040408
http://www.networkworld.com/community/node/26583?nlhtcisco=rn_040408&nladname=040408
hair smiles even when you#39;ve done
ufo2002
09-15 01:53 PM
Did you come to america for Horizontal growth...................ie to increase your girth?
You could easily do that in india these days. Some comments here are plain funny!
India has a lot of people with wide girths? All the images I see of India shows pretty skinny people. Or maybe I was looking at pics of Ethiopians....
You could easily do that in india these days. Some comments here are plain funny!
India has a lot of people with wide girths? All the images I see of India shows pretty skinny people. Or maybe I was looking at pics of Ethiopians....
more...
Soul
02-07 01:32 PM
Thanks Kax :beam:
I think priness Kit :P
Heh
- Soul :goatee:
I think priness Kit :P
Heh
- Soul :goatee:
hot smiles even when you#39;ve
EndlessWait
07-27 01:25 PM
In that case, we can have third application ready!
but invalidate the other 2..can they do that?
but invalidate the other 2..can they do that?
more...
house quotes about smiling even when it hurts. quotes about smiling
fromnaija
02-12 11:13 AM
Does it really make sense for a CP filer to get EAD? Interim benefits are for AOS filers and rightly so too as a CP filer is deemed to be outside the USA.
tattoo makes you smile, even if
priderock
09-19 03:30 PM
No one can expect the result on the second day after the rally. And I get RED for stating the obvious :(
more...
pictures makes you smile, even if
smartboy75
08-06 11:59 AM
Count me in... I am in the same boat and to top it all the NSC CSR says that my case is in extended review...whatever the hell it means....
My Details...
EB2 - India
PD:May 22, 2004
I140 Approval: Mar 17, 2007
RD: Aug 09, 2007
ND: Sept 19, 2007
Service Centre: NSC
My Details...
EB2 - India
PD:May 22, 2004
I140 Approval: Mar 17, 2007
RD: Aug 09, 2007
ND: Sept 19, 2007
Service Centre: NSC
dresses quotes about smiling even when it hurts. quotes on smile and laughter
gapala
03-03 12:40 PM
Can you guys guess, why isn't there an update on this thread after the visit?
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
more...
makeup girls? she smiles even
arc
10-02 10:52 AM
The application finally goes to the service center who has adjudiciated the 140, if one's 140 is LIN the AOS 485 will go finally to NSC, it will stay pending over there untill the visa bulletin becomes current for that Priority Date.
girlfriend make me smile, even when I
stuckinmuck
05-15 11:49 AM
I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
hairstyles “Beauty is power; a smile is
syzygy
07-06 03:34 PM
Should we put this on digg ?
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
darslee
07-06 02:17 PM
Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.
I second that!
I second that!
crystal
07-06 04:14 PM
whats ur problem and point dude? Do you think u need use all caps for this post?
LITERALLY BEGGING FORYOUR GCs.
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING
LITERALLY BEGGING FORYOUR GCs.
THEY ARE KICKING US OUT AFTER USING US YET WE PROCLAIM OUR SELVES TO BE LOYAL TO AMERICANS...
NOT ONE HAVE I SEEN WITH SELF RESPECT WHO WOULD SAY ...WE SHOULD WORK TOWARDS BUILDING INDIA SO THAT THE FUTURE GENERATIONS WONT HAVE TO KISS THE WHITE ARCE...
SHORTCUTS ...huh ...??
DISGUSTING