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  • 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.





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  • pyrosleepy
    07-31 09:59 AM
    I called USCIS NSC yesterday and asked if my new approved I-140 was interfiled with my pending I-485. The IO asked me for my A# and then told me that she doesn't see the new I-140 starting with SRC on the system. She only sees the original I-140 with the LIN. It was very frustrating to hear this as I had called NSC a week before and the IO told me that the new I-140 is in the system and visa was available for me. However, I remembered that last week the IO did not ask me for my A#. She only asked for the receipt numbers of my pending I-485 and the new I-140.
    Friends, what else can I do to make sure that my newly approved I-140 under EB2 is interfiled?





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  • americandesi
    10-11 05:56 PM
    One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.

    Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.

    This is indeed an acid test for small employers.





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  • royus77
    07-02 04:06 PM
    Medical Fees: $830( For me ,Wife and Son)
    Attorney Fees: $1350
    Photographs: $45
    USCIS Fee: $1490
    Birth Certificates/Affidavits from India around: $200
    FedEx: $47.92 (overnight - 2 times )

    Total: $3800 ( Approx)

    Asking my father to get Birth Certificate - 2 days off for him and had to travel 100 miles



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  • pappu
    09-21 02:15 PM
    Recieved FP notice for concurrent filing on 07/23/07 although no reciept notice yet.

    Did you get it in the rally? I overheard a rumor that they were being distributed. :D





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  • tinku01
    02-19 11:48 AM
    Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
    like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
    Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.

    In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
    Thanks



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  • onemorecame
    10-19 04:13 PM
    my travel date is on nov 21st and my RD for ap renewal is aug 6th. here are the things I have done so far.

    1) called NSC and expedited mine and my spouse AP.
    2) sent a fax copy of the expedite request letter to NEbraska service center requesting an expedite.
    3) have sent all the documents to the local congressman and they are sending a letter by fax to NSC requesting to expedite.
    4) Have an infopass appt for oct 28th.
    5) sent another copy of the ap renewal receipt, along with 2 phographs, 485 and i140 receipt copy along with a letter requesting expedite with an email from travel agent citing financial loss if i cancel tickets.
    6) also, my father in law had to undergo a bypass surgery (emergency) this week and we have received a letter from the doctor regarding the same and will be using it during the infopass if I do not see an approval (atleast online) before our infopass appointment.

    what isa fax number to expedite the process for NSC, it will great if you can share the format of expedite letter.





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  • Macaca
    09-01 10:17 PM
    Based on this, GC holders with 40 work credits (that is, 10 years of US work experience) and reside in any of the 50 US states are eligible for SS, if they satisfy age and other requirements.

    It is possible that the the articles I read assumed that it will take 10 years to get citizenship. I have read this remark more then once.

    I will not be able locate the articles but keep in mind in the following articles. I have put a question mark on my original post.



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  • Marphad
    05-18 01:22 PM
    Quotas are exactly the reason I cannot go back to India ever...I absolutely hate them....There is already classification under EB category....BTW I have a MS in EE from Auburn University....Best bet for us is lost visa recapture.....

    Me too!





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  • GCInThisLife
    07-19 12:11 PM
    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.



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  • Libra
    07-03 10:25 AM
    I thought to but now don't want to comment on your posting because you were already born confused:D

    Ugh, I paid thousands to the lawyer over the years. And the medical was a ripoff. They better send me a free pass for 30 days at some nude bar with my green card or...I'll just have to go there anyways to celebrate:p





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  • Gravitation
    12-13 12:49 PM
    Of course, we are no more than modern day white collar slaves. We toil here for years, our spouses aren't even allowed to have a social security number, not to mention drivers licenses in many states. We are not even allowed to visit our families in our home countries without having the risk of not getting the visa re-stamped in the consulates abroad. How pathetic! Can't we all move to Canada and setup a colony for free slaves?
    Look, the situation is terrible but let's not get carried away. We're still here by choice. We bargain going through all this for having the life we have here and not having the energy enough to unroot and head to Canada, Aus or Europe.



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  • anandrajesh
    01-31 10:14 PM
    H1Bs approvals gets the government Millions of Dollar every year and if they can use the money to improve DHS there is no need for this addl price increases.

    Think abt this any given year 85000(65000 regular + 20000 Advanced Degrees) new H1Bs approved. Atleast 50000(if not more) more are either extended or transferred. USCIS charges $2185 per application.

    See the final numbers 135 000 X 2000 (approx) = 270 million dollars per year. IF they use all this money on USCIS & DHS programs we would have had a better system. Obviously all this money is going somewhere and that explains all the difficulties and frustrations we face with this BROKEN Immigration.





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  • gc28262
    07-29 01:18 PM
    Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
    And one way to try to manage this is by country limits.

    Country limits is just a disguise for racism. !



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  • h1techSlave
    11-09 05:15 PM
    Wow! Yours is so quick. Did you expedite it?

    No. But I am yet to get the actual approval. This can take anywhere from one week to a couple of months :( Plus my wife's application is still in the Review stage :(





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  • whattodo
    07-27 02:51 PM
    Guys, don't take ownership and don't judge what other can do or can't do.
    It is their discretion to call or not to call. They called and they are passing information.
    Here everybody is showing bossism for nothing.

    It seems like you are showing your "bossism" on what we should say here. If people has right to call and publish here, then others have right to criticize their decision to call. We should NOT encourage such irrational behavior of calling USCIS daily for no reason.



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  • stemcell
    01-10 11:04 AM
    Shamu

    Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.

    Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.

    Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.





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  • skp71
    12-12 09:49 PM
    What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???





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  • psaxena
    05-29 09:05 PM
    keep bumping it for another 5 days





    file485
    12-29 08:00 PM
    thanks perm for the reply..

    will they look into IRS records for tax returns etc..? or am I thinking too much..?
    ever heard of such things before..?





    Macaca
    09-21 02:00 PM
    Don't judge each day by
    the harvest you reap, but
    by the seeds you plant
    Robert Louis Stevenson

    This is a nce one though.

    Please elaborate all the types of seeds that were planted. Then, elaborate on how the number of these seeds was limited by member participation.

    This will answer the original question.



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