desijackass
07-13 06:44 PM
i think its great that you made a contribution as soon as you got your green card. Most people would have just removed themselves from this forum and not bothered. Thank you.
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sheep
02-22 07:47 PM
i made a castle and put it in Help Build Kirupaville long before this thread started. ....wonder why i wasnt included,,,???
racist sheep haters!
racist sheep haters!
rkanth12
09-09 12:59 PM
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it�s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it�s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
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downthedrain
02-18 10:31 PM
Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
LUD for my wife before RFE. RFE on just mine. got 1HLUD and 3 SLUDs on just mine after RFE received, no transfer on both cases
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
LUD for my wife before RFE. RFE on just mine. got 1HLUD and 3 SLUDs on just mine after RFE received, no transfer on both cases
more...
gccube
09-09 02:27 PM
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.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
- 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.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
gcnirvana
07-07 09:00 PM
Yes, the video was submitted by mbawa2574 before. I also felt better after watching the news on a national TV. I think finally our problems are getting some attention. With the San Jose rally, Flower campaign and hopefully rallies in other cities (which should happen sooner before this issue dies down), we have a very good chance of getting a positive outcome.
It was for about 2 minutes. The first time this issue got TV coverage I guess.
Anyone captured it on video?
It was for about 2 minutes. The first time this issue got TV coverage I guess.
Anyone captured it on video?
more...
BharatPremi
03-24 12:46 PM
BharatPremi, I PMed you. Check my message.
Thanks Buddy. I am waiting for my lawyer's response on this. I will share his opinion here on this board and I request others to do the same.
Thanks Buddy. I am waiting for my lawyer's response on this. I will share his opinion here on this board and I request others to do the same.
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pappu
04-13 04:40 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
We are glad that it worked out.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
We are glad that it worked out.
more...
H1bslave
11-19 03:43 PM
Thanks for your responses and being good critique (aka Devil�s advocate). Unless we analyze our idea from all point-of-views we won�t be able to make it stronger.
Thanks for your contribution.
How about taking out US Masters of all the queues for a while, that will as well speed up the GC process for others. :D:D
Come on guys. Just because CIR is in question for few more months people are coming up with their own agenda. I will come up with my own, how about seperate quota for the folks came in Year 2001 because we faced lot of struggles to keep the job during the bad market.
a self serving proposal..
MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...
MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.
your proposal is distracting from the main agenda. CIR or other relief measures.
Thanks for your contribution.
How about taking out US Masters of all the queues for a while, that will as well speed up the GC process for others. :D:D
Come on guys. Just because CIR is in question for few more months people are coming up with their own agenda. I will come up with my own, how about seperate quota for the folks came in Year 2001 because we faced lot of struggles to keep the job during the bad market.
a self serving proposal..
MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...
MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.
your proposal is distracting from the main agenda. CIR or other relief measures.
hair Ministry of the Interior
485Question
10-11 04:29 PM
We are working for the better legal immigration system for the people who are suffering, including like yours.
Welcome and support us.
Welcome and support us.
more...
nag2007
10-11 04:20 PM
Thats true..everybody are bothered about EAD and FP. I am here for more than 8 years in this country. IV should emphasise this and USICS should allow affected candidates like us to file I-485 and atleast get EAD. we have priority date earlier compared to others.
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kviswanathan
08-06 06:19 PM
My case
PD:April 5 2004
RD:July 2 2007
ND : Sept 10 2007
I140 Approval: Feb 15, 2007
Status: Pending
Service Center: NSC
PD:April 5 2004
RD:July 2 2007
ND : Sept 10 2007
I140 Approval: Feb 15, 2007
Status: Pending
Service Center: NSC
more...
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gmpa
01-11 11:28 AM
I sent letters to the President and IV.
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Jaime
05-27 09:06 PM
Gianik:
Please feel free to send me a private message or email me at jaimemrm2002@yahoo.com and I will be glad to help you as much as I can with immigration to Canada.
Actually, immigrating to Canada is quite simple if you are the right person that they are looking for (and from the qualifications that you described you are, trust me). Canada has a very low natality rate and their strategy is to grow through immigration. Canada is the 2nd largest country in the world after Russia, but it only has over 30 millio inhabitants. They are admitting roughly 250,000 new immigrants a year.
The first step is to take the eligibility test, which if you pass, it means that pretty much you are in (the rest is just paperwork). You can take the assesment online (as well as find a lot of information) on the CIC ("Citizenship and Immigration Canada) website at:
http://www.cic.gc.ca/english/skilled/assess/index.html
Many people use Canadian immigration attorneys to file their petitions, but you don't really need one (I started with oe and then fired them when I saw the process was so simple!)
After that they will as you for: police reports, a medical exam, to take the IELTS English test, etc. Finally, they will send you a passport request (it all takes at the most 1 year) and they will stamp your and your family's immigrant visas on your passports. The you have a year from the date of your medical exams to go to Canada and finalize the paperwork at the port of entry (land, air or sea port) and that's it.
What's really nice is that if you want/need to you can keep your U.S. job for up to 3 full years after becoming a Canadian permaent resident before you are required to actually move to Canada, which gives you great flexibility.
The CIC website is your best tool (you are even be able to track your case on there). Also, visit the Canadian Embassy's website of your country of origin for ay special instructions. Let me know if you have any questions. Thanks!
Please feel free to send me a private message or email me at jaimemrm2002@yahoo.com and I will be glad to help you as much as I can with immigration to Canada.
Actually, immigrating to Canada is quite simple if you are the right person that they are looking for (and from the qualifications that you described you are, trust me). Canada has a very low natality rate and their strategy is to grow through immigration. Canada is the 2nd largest country in the world after Russia, but it only has over 30 millio inhabitants. They are admitting roughly 250,000 new immigrants a year.
The first step is to take the eligibility test, which if you pass, it means that pretty much you are in (the rest is just paperwork). You can take the assesment online (as well as find a lot of information) on the CIC ("Citizenship and Immigration Canada) website at:
http://www.cic.gc.ca/english/skilled/assess/index.html
Many people use Canadian immigration attorneys to file their petitions, but you don't really need one (I started with oe and then fired them when I saw the process was so simple!)
After that they will as you for: police reports, a medical exam, to take the IELTS English test, etc. Finally, they will send you a passport request (it all takes at the most 1 year) and they will stamp your and your family's immigrant visas on your passports. The you have a year from the date of your medical exams to go to Canada and finalize the paperwork at the port of entry (land, air or sea port) and that's it.
What's really nice is that if you want/need to you can keep your U.S. job for up to 3 full years after becoming a Canadian permaent resident before you are required to actually move to Canada, which gives you great flexibility.
The CIC website is your best tool (you are even be able to track your case on there). Also, visit the Canadian Embassy's website of your country of origin for ay special instructions. Let me know if you have any questions. Thanks!
more...
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gc28262
03-11 11:52 PM
I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
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Jimi_Hendrix
12-29 03:15 PM
this is all quite confusing and probably you need to consult an expert.
more...
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iptel
01-30 06:13 PM
There has to be reason why greencard holder been deported likely due to some illegal act. Here we are law abiding resident waiting for our legal status in legal ways.
So I dont understand where this deportation issue coming from.
So I dont understand where this deportation issue coming from.
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ngodisha
04-01 10:42 PM
Got done with sending both the faxes. I will also get a couple of my friends to do the same.
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snathan
08-18 04:41 PM
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
Thanks for your advice. But no thanks for your so called community service. I am just wondering how come a eight months old thread showed in your PC suddenly and automatically. Basically you are ruining your reputation by your cheap tricks. In fact I had a good respect for you before you started posting here and recommended some of friends to you. But no longer. I will write to admins to ban you...you also proved not interested to pay for ad here and want a free meal. The reason everyone thinks you are looking for business here...you never give any elobrative answer. All the time you are asking people to contact you privately. But no thanks.
Thanks for your advice. But no thanks for your so called community service. I am just wondering how come a eight months old thread showed in your PC suddenly and automatically. Basically you are ruining your reputation by your cheap tricks. In fact I had a good respect for you before you started posting here and recommended some of friends to you. But no longer. I will write to admins to ban you...you also proved not interested to pay for ad here and want a free meal. The reason everyone thinks you are looking for business here...you never give any elobrative answer. All the time you are asking people to contact you privately. But no thanks.
pmb76
01-06 02:57 AM
singhsa, Your friend just has to pray for Mitt Romney to be president who may solve his problem :D
pappu
03-23 10:21 AM
please also look at your respective state chapter threads
http://immigrationvoice.org/forum/forumdisplay.php?f=17
and send messages to all members in your state chapter threads requesting them to join you in meetings.
If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.
http://immigrationvoice.org/forum/forumdisplay.php?f=17
and send messages to all members in your state chapter threads requesting them to join you in meetings.
If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.
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