gene77
11-06 01:33 PM
This topic has been discussed a zillion times in this forum. Please search all the threads.
Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.
Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.
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go_gc_way
09-10 07:51 AM
Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
chanduv23
09-17 06:58 AM
^^^^^^^^^^^^^^^^^^^
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waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
more...
pointlesswait
05-01 09:28 AM
if u change ur job using H1 transfer..so does it mean ...he has to restart his GC all over again?? ok i am little confused here..
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
whoever
07-20 02:09 PM
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
more...
STAmisha
07-27 03:12 PM
Can I interfile even if PD is unavailable?
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mdcowboy
02-17 07:38 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.
You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.
more...
gc_check
04-09 07:27 AM
The indian consulate needs a proof of address for me and my wife
We sent them the Property tax bill and hoped that it would work but get this mail from travisa
Proof Of Residence - Unacceptable
The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.
Now why does not a property tax not work ? it is issues by the county.
We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill
Any suggestion ? or anyone had a similar issue ?
Thanks in advance !!
Sorry abt. that. Send other documents to show proof of address. Interesting to know, they are not accepting "Property Tax Notice" as proof of address. I happened to send the "Property Tax Notice" too, as it includes my wife's name, but also included the Driver's license for us both and it got accepted. You will have to attach copy of your Immigration Document as well, if you have EAD/AP or any other Document with current address and your Driver's license, you should be okay. Try calling them to discuss, they are pretty good in answering phone.
We sent them the Property tax bill and hoped that it would work but get this mail from travisa
Proof Of Residence - Unacceptable
The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.
Now why does not a property tax not work ? it is issues by the county.
We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill
Any suggestion ? or anyone had a similar issue ?
Thanks in advance !!
Sorry abt. that. Send other documents to show proof of address. Interesting to know, they are not accepting "Property Tax Notice" as proof of address. I happened to send the "Property Tax Notice" too, as it includes my wife's name, but also included the Driver's license for us both and it got accepted. You will have to attach copy of your Immigration Document as well, if you have EAD/AP or any other Document with current address and your Driver's license, you should be okay. Try calling them to discuss, they are pretty good in answering phone.
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eyeopeners05@yahoo.com
05-01 10:07 AM
Thanks guys for all your responses....
I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.
However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?
I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.
However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?
more...
gjoe
10-10 04:18 PM
Marry me...i like funny people......
/thread
How did you know Kumar1 has an earlier PD than yours? :):p
/thread
How did you know Kumar1 has an earlier PD than yours? :):p
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milind70
04-06 12:55 PM
Can anyone please give me some suggestions..
My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.
Also please let me know what forms I need to complete before going to india.
Your suggestions are appreciated. Thanks
In word from your situation yes you can qualify for the emergency situation
the below are the reasons VFS mentioned when i was going for revalidation
1.Returning worker
2. For attending a funeral
3. If some family member is seriously ill
But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.
My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.
Also please let me know what forms I need to complete before going to india.
Your suggestions are appreciated. Thanks
In word from your situation yes you can qualify for the emergency situation
the below are the reasons VFS mentioned when i was going for revalidation
1.Returning worker
2. For attending a funeral
3. If some family member is seriously ill
But things change i would advise you to check the website it tells u clearly who qualify for the emergency appointment. Also write to the consulate with your situation they will definately respond to you.
more...
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ivuser
02-20 12:08 PM
1.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
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mgos
07-21 10:10 AM
Legislatively, is there a way the bill can be revived? If so, can we involve the democrats by lobbying through the south asian/indian caucas?
more...
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yabadaba
07-23 07:09 AM
bump
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snowcatcher
05-31 10:07 PM
Hi guys, this is a good article to present to someone as proof of marketability of high skilled people across the globe and the competetion companies face in recruiting them.
THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING
The Boston Globe
INDIA TECH FIRMS SEEK US TALENT IN OFFSHORING TWIST
Author(s): Diane E. Lewis, Globe Staff Date: May 30, 2006 Page: A1 Section: Business
Five years ago, US firms were wooing India's computer science graduates with lucrative job offers and a chance to live in America. Now, it's India's turn.
Infosys Technologies Ltd., a leading Indian software provider, will spend $100 million over the next year to hire and train 25,000 workers and college graduates culled from around the world, including from Massachusetts Institute of Technology and Harvard University. Tata Consultancy Services Ltd. of Bangalore will add 30,500 employees over the next year, including 1,000 from the United States. In a case of reverse offshoring, Indian tech companies are beefing up their staffs by hiring Americans and foreigners to work in India. They also are opening offices around the world and recruiting local staff. The firms are launching the global recruiting effort because of labor shortages in India. Indian companies are expanding beyond data entry and back-office processes into areas such as design, research and development, and sophisticated business applications that require highly skilled workers.
Tata hired John Dubiel, 59, of Westford in November. Dubiel spent two weeks in India, learning about the firm's products and meeting his Indian counterparts. Dubiel now works out of Tata's Boston office as an executive helping North American companies solve their business problems with technology.
"The major difference between working for this company and an American firm are the time zones," said Dubiel. "Because TCS is global, the sun never sets on us. It is not unusual to make calls at midnight or at 4 a.m."
For years, US companies have imported talent from the two Indian firms, saying there were not enough technology workers here. However, lengthy delays due to immigration issues such as caps on the number of H1-B visas for foreign professionals prompted Indian companies to develop another strategy.
"They said, `Let's train people in the United States or India and make them an extension of our offshore team in the United States,' " said Gary David, an associate professor of sociology at Bentley College. "So, Americans are now becoming the offshore component for foreign firms."
Currently, more than 10,000 American expatriates work in India for Indian information technology consulting and other outsourcing firms, a number that is expected to grow, said John McCarthy, vice president of Asia Pacific research at Forrester Research in Cambridge.
Meanwhile, American firms seeking to reduce labor costs are stepping up offshoring efforts and will be sending more white-collar jobs abroad. McCarthy estimates that US employers will move 3.4 million jobs and $136 billion in wages overseas by 2017. Those jobs will include positions in technology, finance, life sciences, human resources administration, and business management. Most will be jobs that do not require face-to-face time with clients.
Analysts from another research firm, Gartner Inc., based in Connecticut, say that outsourcing of IT jobs from the United States, Europe, and other major regions to developing countries will increase to 30 percent in 2015, up from under 5 percent today.
But as US firms seek to cut costs, Indian firms Infosys and Tata are scouring the world for highly skilled talent, and they say they will pay the prevailing wage for new hires in Japan, the United States, and England.
This summer, Infosys will train 300 graduates it recruited from American colleges. The new employees will receive starting salaries of $55,000 after completing a six-month course at the firm's training facility in Mysore, India. The recruits will then start full-time jobs in the company's offices in Texas, Arizona, Massachusetts, New York, Illinois, or California. Infosys trains recruits in India to acquaint them with the firm's culture and with their Indian colleagues.
Matt Sorge, 23, will graduate from MIT with a bachelor of science degree in mechanical engineering next month. Four weeks later, he'll fly to the Infosys training center in Mysore.
A native of Oklahoma, Sorge met an Infosys representative at an MIT job fair last fall and was struck by the firm's offer and the chance to work abroad.
"When Infosys started talking about being with a global team, it seemed like an exciting industry," said Sorge. "So, I figured skewing my career path a little might be more beneficial to me. They're basically giving me an education in computer science, something I would otherwise have to pay for."
Infosys, the second-largest information technology consulting firm in India with $2.15 billion in revenue and more than 52,000 employees worldwide, says there are advantages to hiring a global workforce. "We're hoping to bring a different kind of diversity to our workplace," said Bikramjit Maitra, head of human resources at Infosys. "For us, diversity is a way to encourage innovation."
Since India has become a center for computer science, firms can teach new hires in India, where there is state-of-the-art training, said Surya Kant, president of Tata Consultancy Services America.
At Tata, new hires and professionals train in their own countries and then travel to India for orientation or full-time work. Tata employs 62,000, including 9,500 Americans, who mostly work in the United States.
Michael McCabe, a spokesman for Tata Consultancy Services North America, said the quest for talent in India is driving the push to recruit skilled workers from other fields.
"We have a robust and aggressive talent acquisition plan to tackle recruiting in 34 countries around the globe, including the United States," said McCabe. "We want to grow in every geography."
Diane E. Lewis can be reached at dlewis@globe.com.
Perform a new search
Link to the article:
http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=111F127A671FA7D0&p_docnum=1
THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING
The Boston Globe
INDIA TECH FIRMS SEEK US TALENT IN OFFSHORING TWIST
Author(s): Diane E. Lewis, Globe Staff Date: May 30, 2006 Page: A1 Section: Business
Five years ago, US firms were wooing India's computer science graduates with lucrative job offers and a chance to live in America. Now, it's India's turn.
Infosys Technologies Ltd., a leading Indian software provider, will spend $100 million over the next year to hire and train 25,000 workers and college graduates culled from around the world, including from Massachusetts Institute of Technology and Harvard University. Tata Consultancy Services Ltd. of Bangalore will add 30,500 employees over the next year, including 1,000 from the United States. In a case of reverse offshoring, Indian tech companies are beefing up their staffs by hiring Americans and foreigners to work in India. They also are opening offices around the world and recruiting local staff. The firms are launching the global recruiting effort because of labor shortages in India. Indian companies are expanding beyond data entry and back-office processes into areas such as design, research and development, and sophisticated business applications that require highly skilled workers.
Tata hired John Dubiel, 59, of Westford in November. Dubiel spent two weeks in India, learning about the firm's products and meeting his Indian counterparts. Dubiel now works out of Tata's Boston office as an executive helping North American companies solve their business problems with technology.
"The major difference between working for this company and an American firm are the time zones," said Dubiel. "Because TCS is global, the sun never sets on us. It is not unusual to make calls at midnight or at 4 a.m."
For years, US companies have imported talent from the two Indian firms, saying there were not enough technology workers here. However, lengthy delays due to immigration issues such as caps on the number of H1-B visas for foreign professionals prompted Indian companies to develop another strategy.
"They said, `Let's train people in the United States or India and make them an extension of our offshore team in the United States,' " said Gary David, an associate professor of sociology at Bentley College. "So, Americans are now becoming the offshore component for foreign firms."
Currently, more than 10,000 American expatriates work in India for Indian information technology consulting and other outsourcing firms, a number that is expected to grow, said John McCarthy, vice president of Asia Pacific research at Forrester Research in Cambridge.
Meanwhile, American firms seeking to reduce labor costs are stepping up offshoring efforts and will be sending more white-collar jobs abroad. McCarthy estimates that US employers will move 3.4 million jobs and $136 billion in wages overseas by 2017. Those jobs will include positions in technology, finance, life sciences, human resources administration, and business management. Most will be jobs that do not require face-to-face time with clients.
Analysts from another research firm, Gartner Inc., based in Connecticut, say that outsourcing of IT jobs from the United States, Europe, and other major regions to developing countries will increase to 30 percent in 2015, up from under 5 percent today.
But as US firms seek to cut costs, Indian firms Infosys and Tata are scouring the world for highly skilled talent, and they say they will pay the prevailing wage for new hires in Japan, the United States, and England.
This summer, Infosys will train 300 graduates it recruited from American colleges. The new employees will receive starting salaries of $55,000 after completing a six-month course at the firm's training facility in Mysore, India. The recruits will then start full-time jobs in the company's offices in Texas, Arizona, Massachusetts, New York, Illinois, or California. Infosys trains recruits in India to acquaint them with the firm's culture and with their Indian colleagues.
Matt Sorge, 23, will graduate from MIT with a bachelor of science degree in mechanical engineering next month. Four weeks later, he'll fly to the Infosys training center in Mysore.
A native of Oklahoma, Sorge met an Infosys representative at an MIT job fair last fall and was struck by the firm's offer and the chance to work abroad.
"When Infosys started talking about being with a global team, it seemed like an exciting industry," said Sorge. "So, I figured skewing my career path a little might be more beneficial to me. They're basically giving me an education in computer science, something I would otherwise have to pay for."
Infosys, the second-largest information technology consulting firm in India with $2.15 billion in revenue and more than 52,000 employees worldwide, says there are advantages to hiring a global workforce. "We're hoping to bring a different kind of diversity to our workplace," said Bikramjit Maitra, head of human resources at Infosys. "For us, diversity is a way to encourage innovation."
Since India has become a center for computer science, firms can teach new hires in India, where there is state-of-the-art training, said Surya Kant, president of Tata Consultancy Services America.
At Tata, new hires and professionals train in their own countries and then travel to India for orientation or full-time work. Tata employs 62,000, including 9,500 Americans, who mostly work in the United States.
Michael McCabe, a spokesman for Tata Consultancy Services North America, said the quest for talent in India is driving the push to recruit skilled workers from other fields.
"We have a robust and aggressive talent acquisition plan to tackle recruiting in 34 countries around the globe, including the United States," said McCabe. "We want to grow in every geography."
Diane E. Lewis can be reached at dlewis@globe.com.
Perform a new search
Link to the article:
http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=111F127A671FA7D0&p_docnum=1
more...
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new_horizon
03-12 05:12 PM
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
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quizzer
11-21 12:34 PM
Raj,
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
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bobzibub
12-15 06:02 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
jkays94
05-04 10:59 PM
Please see the thread on the SKIL bill, I believe the bill covers premium processing for I-485. For DOL I wonder if they would even have the capacity to do it, funds or no funds.
http://immigrationvoice.org/forum/showthread.php?t=691
http://immigrationvoice.org/forum/showthread.php?t=691
snathan
06-04 10:37 AM
thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
Thanks again
Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.
Thanks again
Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.
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