deecha
07-16 01:25 PM
Hello,
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
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RNGC
07-12 01:08 PM
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
snathan
03-27 12:49 AM
Hello,
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
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vkmurthy260
06-20 05:48 PM
Hi,
I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .
Thanks
Kris.
I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .
Thanks
Kris.
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chinna2003
07-03 09:13 AM
Sorry if you find it offensive, but I dont think its going to prove anything to the USCIS and I am not even sure they will notice it.
Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
What are we afraid of? its not the lack of issues, its the lack of resolve
Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios
Please read, sign and observe
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
What are we afraid of? its not the lack of issues, its the lack of resolve
Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios
Please read, sign and observe
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
k_sing
09-18 04:08 PM
This is H1B specifc though.. not taxation specifc for others
more...
Queen Josephine
June 20th, 2005, 02:45 PM
Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!
I'll post it tonight when I get home from work.
I'll post it tonight when I get home from work.