mhathi
09-23 07:55 AM
I suggest you talk to a good lawyer! This kind of question is too sensitive to rely on people's opinion.
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kimbhoot
09-15 09:45 AM
Hi,
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
lazycis
04-17 04:51 PM
see http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf
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glus
10-19 08:28 AM
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
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puskeygadha
07-17 02:33 PM
any news from fragemon
Prashanthi
06-29 01:28 PM
I have questions on the facts of your case, you say that a recruiter signed a contract on your behalf?, how is that possible?, the contract would then be between the recruiter and your employer, unless you signed a separate contract with the recruiter agreeing to certain terms and conditions, also it is not clear if your recruiter is in the US or in Phillipines, many other aspects are not very clear. Therefore i gave you a general response as to what happens in these situations, if you need a more specific response to your questions, i suggest that you consult an attorney over the phone or in person, it would make more sense to look at the contract in question and then give you advice on your problem.
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Berkeleybee
04-12 12:56 PM
Thanks for putting up the link Learning01. Karin got in touch with us and I had several calls with her cluing her into the facts and figures. She herself is an immigrant from Sweden.
Good to see our leads payoff.
best,
Berkeleybee
Good to see our leads payoff.
best,
Berkeleybee
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aviko21
10-06 01:31 AM
nah i did call my lawyer who told me that i will recieve the AP and to fax him a copy for his files when i eventually do get it!
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lostinbeta
09-06 10:47 AM
Pixel Stretching and Liquifying are 2 different things. Liquifying is cool though, you can also come up with some good creations with that.
hair Photoshoot-May 18, 2009
stirfries
12-01 08:02 PM
It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.
Thanks SS777 !!!
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
Thanks SS777 !!!
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
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permfiling
02-01 09:52 PM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are
1. Working on F1 without work authorization from school is deport able
2. Not maintaining grades also will result in loss of admission
It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
If you came to know that your school got shutdown from friends which indicates that you did not go physically to school. I myself was a student 10 yrs ago and I understand the hardships the student goes through but rules where rules always which are
1. Working on F1 without work authorization from school is deport able
2. Not maintaining grades also will result in loss of admission
It looks like your concern is to get a CPT to work rather then study. Until you are enrolled in school, you cannot work without proper authorization.
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satishku_2000
11-20 12:40 PM
For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).
I know ... :)
I know ... :)
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desixp
08-31 11:36 PM
Intresting topic in NYTimes.com
http://www.nytimes.com/2009/08/31/us/31elder.html?_r=1&em
http://www.nytimes.com/2009/08/31/us/31elder.html?_r=1&em
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navyug
10-13 10:22 PM
Hi,
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
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dealsnet
09-08 12:40 PM
I don't know about them. Any way free is free, till they ask for money.
BETTER CALL FROM WORK PHONE, IF YOU ARE NOT FEELING SAFE.
If they want our number for telemarketing, do the following.
If you think the number is used for telemarketing people,
dial *67 before you dial that number so it will block your caller id.
OR
you can go via Google Voice, as your Google Voice number will be displayed to the Telemarketers and not your own number!
One big question:
Who runs this free calling service?
There is no contact information or legal disclaimers. It is just a one page website.
BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.
BETTER CALL FROM WORK PHONE, IF YOU ARE NOT FEELING SAFE.
If they want our number for telemarketing, do the following.
If you think the number is used for telemarketing people,
dial *67 before you dial that number so it will block your caller id.
OR
you can go via Google Voice, as your Google Voice number will be displayed to the Telemarketers and not your own number!
One big question:
Who runs this free calling service?
There is no contact information or legal disclaimers. It is just a one page website.
BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.
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calaway42
10-21 12:26 AM
heh.. i want edwin's comp!!:)
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gccube
04-11 03:10 PM
How would I add my details to the tracker. When I click on the IV Tracker it lists the existing entries but I am not able to find an option to add my own details.
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small2006
07-21 12:43 PM
I knew this would be the next obvious question and therefore I included that last line in my earlier post. Sorry but I tried to glean that from my attorney and there was no way he would give it to me.
If you have an attorney working on your case it should be a simple matter of him/her sending in the request. Please try that option. Also I think it would carry more weight if it goes from an attorney's office than from an applicant directly.
If you have an attorney working on your case it should be a simple matter of him/her sending in the request. Please try that option. Also I think it would carry more weight if it goes from an attorney's office than from an applicant directly.
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unseenguy
05-16 03:48 PM
Everything depends on your PD and how much time it will take to become current:
Scenario A: You are from EB3 India or China and PD later than Jun-05
In this case you can safely mark CP on your case at the time of filing I140. Always remember that it is going to take 4-6 months for a case to reach consulate, after I140 approval, when you mark CP on your I140. So if your PD will not become current in next 12-15 months, you are safe to choose this option. Because as soon as your PD is current you will get an appointment in consulate without additional fees of I824.
However, if there is a wild swing in visa bulletin like July 2007 fiasco, before your I140 is approved, then you can safely file I485.
Scenario B: You are EB2 China, PD of Jun-05.
At this time you do not have the option of filing I485, but it makes sense to mark I485 on the option & assuming your PD will be current soon. If the I140 gets approved and the PD still does not become current, like India was stuck in Jan-03 for long time, then you can take AC-I140 to the consulate the time PD gets current. If your I485 is stuck in admin processing for long time, despite a current PD, you can take AC-I140 to the consulate.
To Jun's questions: Police certificates & medical exams need to be done in home country. Personally I think, police certificates in India can be obtained pretty quickly. I personally have family ties in India, so they can get the process started when PD becomes current. I do not know about the delays in other countries.
Again choosing AOS or CP is a very tricky situation and depends on personal situation such as:
1) whether you need EAD/AP benefits for spouse or uourself.
2) your job prospects. Future and current. Vs job stability.
3) Your country and support from respective govt agencies.
On the face of it CP is not an attractive option but files must consider ACI140 and should try and get as many appointments as possible. Most EB based filers are financially secured and can afford additional expense of ACI140 & CP.
Scenario A: You are from EB3 India or China and PD later than Jun-05
In this case you can safely mark CP on your case at the time of filing I140. Always remember that it is going to take 4-6 months for a case to reach consulate, after I140 approval, when you mark CP on your I140. So if your PD will not become current in next 12-15 months, you are safe to choose this option. Because as soon as your PD is current you will get an appointment in consulate without additional fees of I824.
However, if there is a wild swing in visa bulletin like July 2007 fiasco, before your I140 is approved, then you can safely file I485.
Scenario B: You are EB2 China, PD of Jun-05.
At this time you do not have the option of filing I485, but it makes sense to mark I485 on the option & assuming your PD will be current soon. If the I140 gets approved and the PD still does not become current, like India was stuck in Jan-03 for long time, then you can take AC-I140 to the consulate the time PD gets current. If your I485 is stuck in admin processing for long time, despite a current PD, you can take AC-I140 to the consulate.
To Jun's questions: Police certificates & medical exams need to be done in home country. Personally I think, police certificates in India can be obtained pretty quickly. I personally have family ties in India, so they can get the process started when PD becomes current. I do not know about the delays in other countries.
Again choosing AOS or CP is a very tricky situation and depends on personal situation such as:
1) whether you need EAD/AP benefits for spouse or uourself.
2) your job prospects. Future and current. Vs job stability.
3) Your country and support from respective govt agencies.
On the face of it CP is not an attractive option but files must consider ACI140 and should try and get as many appointments as possible. Most EB based filers are financially secured and can afford additional expense of ACI140 & CP.
cram
08-23 09:55 PM
bumping^^^^^
krishna.ahd
02-23 04:46 PM
Can H4 dependent join college without changing his/her visa status to students visa.
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney
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