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Hello Unseenguy,
Thanks for the reply .
I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
This is the reason i applied for H1 from h4 as previously i was on H1B

Thanks tnite. Enjoy!!!

I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....

Where do guys see the LUD? And what number do you call the USCIS on? Thanx.

Thanks tnite. Enjoy!!!

I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....

Where do guys see the LUD? And what number do you call the USCIS on? Thanx.

3 year extension is availabe only if your PD is not current and 140 is approved. 1 year extension is only available when you have GC process started 365 day prior. You can go between 1 year and 3 year extensions (depending on PD situation).

I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..


I am not an lawyer. The information provided here is my personal opinion.

How do i Vote ? when i click that Vote up or Down, its not doing anything...do we get a confirmation ?

thanks for your help.

I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.

1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?

Thanks,
Ag

1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.

As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.

The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.

Use your AC21 privelege wisely.

Hi,

I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

A short description of this role (for those of you who don't know about this role)

The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

Appreciate your thoughts on this

Hi Kanaka,

Unfortunately, any medical exams/tests conducted in India and any documents resulting from such are not valid.

Your best bet is to bring your family back and respond to the RFE with documentation based in the US.

Hope this helps.


Hi,

My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.

Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?

Thanks for the help.

Kanaka

I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

I have applied in NSC. What is the approximate processing times for approving:
1. Labor Substitution
2. I 140
3. I 485.

Also, will they start processing 485 only after LC and 140 are approved?

Thanks.

http://www..com/ will help you.

You will have to pay again and again and again.
But you have a chance to get 2 year EAD. Thanks to IV for the effort.

Hi needhelp!,

How is that someone who applies in August 07 with a fee of $340 doesnt have to pay for their renewal while I have to pay even though I had applied in 2008 and with the same fee of $340??
It really beats me...well I guess that's USCIS::(((

Can you please point me to any documentation on this?

Thanks

hmmm....cannot say in my case i had all the paystubs for the months before i resigned...it was only i left i didnt got the 2 paystubs though for 1 salary was paid and even bank statement is reflecting that and my employer confirmed by sending a mail......

It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....

I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....

I hope this helps.......

Canada attracting educated and highly skilled immigrants
12 October 2006

Canadian immigration policy is doing a good job of attracting skilled immigrants to this country, a Queen's University expert said. The U.S. Senate recently invited Economics professor Charles Beach to provide testimony as part of a major debate on U.S. immigration policy, driven by the large number of illegal immigrants in that country.

Beach told a U.S. Senate committee recently that the growing importance of education, business and work experience as admission standards to Canada has significantly raised the education levels of the 230,000 immigrants who come to Canada annually.

The result is a group of new immigrants who are better educated and experienced, younger and more fluent in either English or French than the whole immigrant population.

Only about 20% of U.S. legal immigrants - one-third the level of Canada - enter the country under independent or economic status based on rules which reward education and work skills. The study did not deal with another touchy issue: making sure that more of these well-educated newcomers get jobs to match their skills.

Some U.S. politicians are considering joining Canada and many other countries in adopting a similar point system tied to credentials.

Beach said "Ironically, our findings have attracted more interest south of the border than from government officials in Ottawa."

Beach said in a separate interview yesterday that Canada has to do a better job of recognizing the credentials of foreign-born professionals and easing the transition to the Canadian job market. "Some training, adjustment and wage subsidy programs were cut because of government deficits in the mid-1990s. I think that is a factor in the slower integration of some well-educated immigrants."

The study found that those with university and post-graduate degrees jumped to 34% of all immigrants in 2000 from only 8% in 1980, while the proportion with only a secondary school education dropped from 59% to 35%.

The proportion with college or related training was flat at 16%, while the balance has little formal education.

The reason for the big shift is that 59% of all immigrants in 2000 entered Canada under independent or economic status determined by a point system - up from 35% in 1980.

The proportion that entered under family unification status dropped from 36% to 27% and those who entered under humanitarian or refugee status dropped even more sharply, from 28% to 13%.

Beach, along with Professor Alan Green of Queen's and Professor Christopher Worswick of Carleton University in Ottawa, studied Canadian immigration after separating out the impact of business cycles and unemployment rates in Canada and the U.S. "It appears that changing Canada's immigration policy to the point system had the desired effect of improving the quality of skill attributes of incoming immigrants," Beach said.

The point system has gone through many changes over the years, giving greater weight to education levels, work experience, the age of entrants and their fluency in English or French. It will likely change again in the future to attract more skilled building and industrial trade people.

Opening the immigration door wider - always a touchy political issue - has a small but negative impact on education levels.

Increasing the total number of immigrants by 100,000 per year - about 35% - reduces the average education of economic immigrants by 2.6% and increases the average age by 1.7%. Canada has a current target of attracting and approving 200,000 immigrants annually.

Last year, approximately 240,000 immigrants were granted visas. There has been discussion during the past summer of increasing the official target to 300,000 annually, in part a response to slightly off-setting Canada's low birth rate.

But increasing the portion of economic immigrants by 10% raises the education and language levels, and reduces the age of all immigrants by about 2% each.

Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
Has anyone ever filed with e-approval email printout as initial evidence ?

Thanks
All that you need is 140 recepit notice to file for 485 if you do not have the approval notice. e-notice should be fine.Please talk to your attorney.

I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.

I will help with drafting something. Any more guidance on what needs to be included? Also, can we have a 'editor' who can help with finalizing the letters? Somebody who has good English speaking skills and is good at weeding out unnecessary stuff from the letters.

We also need to get hold of solid numbers which would justify not having this amendment. In this economic climate, people might wonder why new H1B hires are required.

Hi all,

There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??

vaishu

Are EB2 Indians Losers and EB3 Indians locusts?

I found this in Chinese group.
http://www.mitbbs.com/article_t/EB23/31240163.html

Copy this URL in any web translation service and you will see.


Title: initiate talk about 7% - 10%, and recapture of EB2 / 3 CI of letters points: BBS Unnamed Space Station (Sat Sep 25

7%- 10% 和recapture对EB2/3 CI Gods now put forward two options, initiate talk about 7% - 10%, and recapture of EB2 / 3 CI effect.

1 7%- 10% 17% - 10%
This program is not the pie bigger, just change the way the bread. Winner：EB3C; Loser: EB2I Winner: EB3C; Loser: EB2I
对EB3C明显利好，估计通过的话，2 ，3年EB3C 可能赶上EB2C!!! Significantly positive for EB3C estimated through, 2, 3 EB3C could catch EB2C!!!
对蝗虫一样的EB3I基本 意义，多1200基本名额杯水车薪。 EB3I on the same basic meaningless locusts, drop in the bucket more than 1200 basic quota.
对EB2C短期难以预料，长期略有好处。 Difficult to predict on the EB2C short and long-term slight advantage. 这个方案本质上是把全世界剩余名额给中印墨菲三类多给1200个。 The program is essentially the world's remaining three places to give Murphy and India 1200. 因为以前全世界剩余名额全给了中印二类，现在中印二类 少了约5000个！ The remaining places in the whole world because in the past to the second category in India, China and India are now two categories for about 5000 less! ！ ! ！ ! ！ ! 。 . 虽然中国二类多了1200基本名额，但由于中印捆绑，EB2C从剩余名额分的 更少了！ Although China's 1200 basic quota of more than two categories, but because India bundled, EB2C points from the remaining places for even less! ！ ! 长期来讲，经济恢复后，剩余名额会减少很多，EB2C多的1200也许能够补偿从剩余名额少分 的数额。 Long term, economic recovery, the remaining places will reduce a lot, EB2C 1,200 more places may be able to compensate for a smaller share from the remaining amount.
EB2I， BIG LOSER！ EB2I, BIG LOSER! ！ ! ，其他国家多的， 是EB2I少的！ , Many other countries, is EB2I less! ！ ! ！ ! ！ !


2 Recapture 2 Recapture
把饼做大了，对所有的人都有好处。 The pie bigger for all the people are good. 如果把自2000年浪费的名额拿回来，全世界二类、三类都没有排期！ If the waste places since 2000 to get back to the world II, III are not waiting! ！ ! ！ ! 这个方案对EB3I影响最大，因为EB2C/I 还有盼头，EB3I已经在深渊里呆着了！ The greatest impact on the EB3I this program, because EB2C / I also rewarding, EB3I has been left alone in the abyss!



大家可以理解谁在大力鼓动两方案了吧，没有 缘 故的爱，也没有 缘 故的恨啊。 We can understand the two programs who strongly encouraged it, no love for no reason, no reason to hate missed ah.

from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.

We don't need a web based status check system for our labor it just might be another tack tick to further delay labor processing. We have waited so long some even more then 5 yrs and we know that our case is still in process ; we simply shouldn�t care if BRC create some stupid website or not to show that our case is still processing, as long as they keep their word this time and finish all pending labor processing by September 07

Please help....I am in a little bit precarious situation here...


I am frustrated working for Company A and I have a job offer from Company B..

My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then

leave the Company A and join Company B
Now Company A revokes I140

Will by H1B with Company B still valid?

I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.

I wish...:)

But on a serious note, I think It could be this. My wife is currently on an h4 visa and has applied for her I-485, I-765 and I-131 with me.

She had an EAD when she was on L2, when I was on L1 before switching to H1.

When we applied for her I-765, lawyer suggested we select Renewal of EAD option for my wife bcoz she already has an EAD and there is no need for a new EAD now.

May be that is why they may be waiving the fee ?? I don't know....my guess

I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.

I heard Changes must be made in I140 to do Consular processing from I485