kaisersose
05-29 11:57 AM
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
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ilikekilo
03-26 02:45 PM
Is delivery confirmation possible for PO Box addresses?
it should be...there should be a system in place for the same...i wouldnt worry too much abt it..
and in the past I did send with del. conf..
it should be...there should be a system in place for the same...i wouldnt worry too much abt it..
and in the past I did send with del. conf..
willigetagc
08-15 08:33 AM
because many of the IOs are dumb high school grads with some additional training. They have been told that 2006 is current and so they pick all and only 2006.
is there any way we can get DOS to specifically state that 2006 and all prior years ARE CURRENT instead of just throwing out a current PD in a VB?
Thankfully, not all IOs are so dumb, hence the few pre-2006 approvals. What else could explain this anomaly..... :mad:
is there any way we can get DOS to specifically state that 2006 and all prior years ARE CURRENT instead of just throwing out a current PD in a VB?
Thankfully, not all IOs are so dumb, hence the few pre-2006 approvals. What else could explain this anomaly..... :mad:
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karanp25
07-13 08:01 PM
ski_dude12, u r just inviting trouble for urself by not keeping uscis in the loop. I assume u lost ur night's sleep looking for the valid source of my earlier comment? keep looking.
I will continue shooting "off my hips" .... i think i may have missed it this time...
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
I will continue shooting "off my hips" .... i think i may have missed it this time...
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
more...
whiteStallion
06-18 06:28 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.
...
Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...
I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...
Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.
Most things in Business run on 'the word', and a non-compete is one of them.
...
Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...
I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...
Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.
payur
07-10 09:45 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
I DO NOT AGREE, MY COLLEGUE'S WAS RECEIPTED IN NSC, HIS LAST NAME STARTS WITH G.
more...
Berkeleybee
04-08 02:56 PM
Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.
It takes years and months to get a request fulfilled under FOIA. In this administration, run of the mill govt agencies have been given even more latitude in fulfilling FOIA requests -- forget about the DOS and its response to FOIA requests. Perhaps I didn't make myself clear -- even other agencies within the government who don't need FOIA are unable to make this happen. Do see the magnitude of the problem?
The only way to break the logjam is through political pressure.
Again, I'd say, please don't assume the IV people who have been working on these issues are naive or lack information. ;-)
It takes years and months to get a request fulfilled under FOIA. In this administration, run of the mill govt agencies have been given even more latitude in fulfilling FOIA requests -- forget about the DOS and its response to FOIA requests. Perhaps I didn't make myself clear -- even other agencies within the government who don't need FOIA are unable to make this happen. Do see the magnitude of the problem?
The only way to break the logjam is through political pressure.
Again, I'd say, please don't assume the IV people who have been working on these issues are naive or lack information. ;-)
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bestia
07-31 05:06 PM
Many lawyers charge companies hourly and usually big rates (usually regardless of how good the lawyer is and how simple your case is). Lawyers usually charge for every phone call and for every e-mail. So the employer might start worrying that your contacts might cost him a lot. Usually the respectable lawyer will not discuss anything with you directly if his client is your employer.
Just an advise for those who have an option: hire your own lawyers, you will see how different your case will go. Even if you have to pay them out of your pocket - it's worth it.
Just an advise for those who have an option: hire your own lawyers, you will see how different your case will go. Even if you have to pay them out of your pocket - it's worth it.
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gcwait2007
12-22 09:14 AM
Once again Thanks, Bestin.
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
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riva2005
05-21 05:32 PM
Immigration Voice has taken a position against the bill in its current form. .
And that is the position of everyone in this country except 20 insider deal senators.
You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.
In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".
Have some dignity man...
And that is the position of everyone in this country except 20 insider deal senators.
You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.
In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".
Have some dignity man...
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meridiani.planum
04-17 01:18 AM
This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
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H1Girl
04-09 12:59 AM
Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...
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nonimmi
06-11 04:20 PM
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?
Zee.
Visit this....
http://immigrationvoice.org/forum/showthread.php?t=4285
Zee.
Visit this....
http://immigrationvoice.org/forum/showthread.php?t=4285
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PD_Dec2002
08-27 05:00 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
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ajain
05-28 06:30 PM
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
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jthomas
05-05 06:16 PM
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
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ujjvalkoul
01-30 05:50 PM
How does this effect anyone applying for DL..
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
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vivache
11-02 04:27 PM
Thanks for all the responses.
I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.
I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.
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franklin
02-13 10:49 AM
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
StarSun
02-24 09:43 AM
The conference call is available in IV Wiki. (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)
GCHope2011
05-21 08:59 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
Since there was more than one person referred to in the post, it looks like they could not decide what to write and got busy fighting with each other over what to write...
Since there was more than one person referred to in the post, it looks like they could not decide what to write and got busy fighting with each other over what to write...