spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
wallpaper Mickey and Minnie in
harivenkat
08-05 01:40 PM
.. h1bs will be naturalized ...
amitga
11-03 11:18 AM
I hear they will try again to attach the provisions to other bills. Hopefully we will jump in too. Kudos to iv's efforts. If I can sit pretty for the moment with a 485 filed it's thanks to IV. Please keep going.
Where did you hear this ?
Where did you hear this ?
2011 Gifs Mickey e Minnie
gc_coming
04-09 04:34 PM
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
more...
immiguy
07-18 02:16 PM
Sorry for being Naive. What is the skill bill?
AjP
May 27th, 2005, 11:11 AM
I absolutely agree with everyone, background need to be more blurry and the guy in upper right corner need to disappear :), try to edit it in Photoshop, may be make background B&W and more blurry or completely replace it, definitely for this type of picture better use lenses with f/1.4-f/2.8 and fill shadows with flash
more...
aanurags
10-21 03:48 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
2010 Mickey Mouse Coloring Pages
rajeshalex
03-17 11:06 PM
This is normal. Preliminary processing means all documents are there and looks good. It doesnt mean it is complete. My wifes appln has been moved to MO with same message and I am the primary applicant. I got a mail yesterday saying my appln has been moved to a local office for interview.
So the above means nothing but it looks good.
So the above means nothing but it looks good.
more...
nat23
10-29 02:57 PM
I would wait to see the text of the Bill before coming to any conclusion.
hair Inc. | Mickey amp; Minnie
pa_arora
03-11 12:27 PM
I am sorry if this is a re-post.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html
----
They're Taking Their Brains and Going Home
By Vivek Wadhwa
Sunday, March 8, 2009; Page B02
Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.
Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.
The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.
But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.
When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.
When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.
Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.
Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.
For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.
Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?
Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.
wadhwa@duke.edu
Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html
----
They're Taking Their Brains and Going Home
By Vivek Wadhwa
Sunday, March 8, 2009; Page B02
Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.
Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.
The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.
But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.
When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.
When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.
Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.
Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.
For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.
Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?
Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.
wadhwa@duke.edu
Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.
more...
h4hopeful
04-06 04:30 PM
I am new and just discovered this thread, regarding the Talent Bill that if passed, among other benefits will let H-4s work. Anyone knows who is promoting it and who we can to make sure it is considered and debated? Thanks.
hot Halloween Mickey amp; Minnie
srkamath
08-05 06:21 PM
Dhundhun,
What is your source for the 1% to 5% estimate?
What is your source for the 1% to 5% estimate?
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house coloring Mickey and Minnie
flthere
08-12 06:01 PM
That wud be nice, even if they combine the fees :)
tattoo Mickey amp; Minnie Mouse
fcres
07-18 04:10 PM
Call once again to confirm this news. Some times the reps give conflicting answers.
more...
pictures Mickey and Minnie
hoolahoous
04-07 10:57 PM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
dresses Mickey Minnie Cartoon Picture
fide_champ
04-09 09:09 AM
Thanks Fide Champ.
Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?
If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.
Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?
If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.
more...
makeup mickey-minnie-mouse-valentines
gg_ny
02-16 06:07 PM
I bet you are kidding. If you aren't, then what I meant was various rules and regulations that come with each application, application process available from USCIS. One good way is to go to state.gov or to popular immi law education sites of lawyers (google comes handy here).
Where can I get this? Local Library ?
Where can I get this? Local Library ?
girlfriend Click to enlarge
meridiani.planum
08-09 05:45 PM
Just A thought.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
hairstyles Mickey and Minnie
RNGC
07-01 04:36 PM
The EM immigration is just a mess....Basically a bunch of congressmen discussed about it and created some rules!
Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.
I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.
We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!
I am just sick and tired!
Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.
I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.
We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!
I am just sick and tired!
StuckInTheMuck
07-18 09:03 AM
My friends who applied after me got it and I'm moving in 2 weeks.
In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.
In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.
gimme Green!!
07-25 05:13 PM
I donate blood with the American Red Cross once every 2 months.
The limit that you cannot donate if you visit India is 1 year, per them due to India being infested by (clearing my throat) 'MALARIA'.
You are Ok if you just visitied the Himalayas and got back, though. The virus or whatever that causes it cannot live on high altitudes.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
The limit that you cannot donate if you visit India is 1 year, per them due to India being infested by (clearing my throat) 'MALARIA'.
You are Ok if you just visitied the Himalayas and got back, though. The virus or whatever that causes it cannot live on high altitudes.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
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