coolmanasip
08-16 02:26 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
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abc
09-07 06:51 PM
Put the year also to get an idea.
nchendica
06-24 06:53 PM
I am also on the same boat. Did you get answer for your question? i.e. linking your old 485 to new I-140?
Thanks,
Naga
Hi,
My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.
1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?
2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.
Please advice.
Raj Soni
Thanks,
Naga
Hi,
My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.
1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?
2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.
Please advice.
Raj Soni
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meridiani.planum
11-06 05:01 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
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gcdreamer05
09-19 12:39 PM
If I go for appointment and they put case under PIMS review as I just got ext approval last months. Will they take passport with them ? if Not can I travel with passport and ask to close case of stamping ?
I read in IV forums that few ppl had sent their 797 copy to kentucky center asking to check in to PIMS, you ca ntry that.
Ya they will take ur passport, if you request to release you need to basically cancel stamping and use ur EAD/AP to enter back but that will make you in to parolee status.
Please do post your experience after you go for stamping.
I read in IV forums that few ppl had sent their 797 copy to kentucky center asking to check in to PIMS, you ca ntry that.
Ya they will take ur passport, if you request to release you need to basically cancel stamping and use ur EAD/AP to enter back but that will make you in to parolee status.
Please do post your experience after you go for stamping.
kanshul
02-01 09:50 AM
OK, there is still one important thing missing. Did you file for I485? You could have filed in July 07.
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jay
05-19 08:22 PM
Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
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itsokgc
08-10 05:14 PM
I am in the same boat. However, I have issue with my I-140, where there is typo in the Priority Date.
I have infopass appointment tomorrow. Hope dates will not retrogress behind Feb 2006.
I have infopass appointment tomorrow. Hope dates will not retrogress behind Feb 2006.
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EndlessWait
04-12 07:34 PM
I hate the fact, we let ourselves be discussed amongst the ILLEGAL immigration pool. We are not here illegally, there is no reason we should call this "GC for sale". We are helping the govt. by not just words but with our $$$.
We are here legally , paying taxes, paying rents etc. This fee is meant to speed up processing. No other terminology should be used at IV. Let anti-immigrants talk what they want.
Please remember, at any point there are always opposing forces at work. For those anti-immigrants I have no time or energy to ponder on there xenophobic reservations.
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
We are here legally , paying taxes, paying rents etc. This fee is meant to speed up processing. No other terminology should be used at IV. Let anti-immigrants talk what they want.
Please remember, at any point there are always opposing forces at work. For those anti-immigrants I have no time or energy to ponder on there xenophobic reservations.
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
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sts_seeker
02-07 01:11 PM
you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.
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santosh19
01-23 02:07 PM
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy
If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(
If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(
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popoye
08-20 02:07 AM
Or is it only for EB3
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frostrated
10-26 02:07 PM
EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.
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snathan
12-22 05:09 PM
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
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desi3933
05-10 09:43 AM
More like an idle mind ;)
Thanks. I have fixed the typo.
.
Thanks. I have fixed the typo.
.
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oaktree
01-12 12:57 PM
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
more...
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dilvahabilyeha
08-09 01:20 PM
It is your passport number
no friend it cannot be
no friend it cannot be
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rajsand
09-20 01:38 PM
Hey Jaime you seem to be all charged up!!
Great energy, will inspire many!!
Hope we have one more rally soon!
Great energy, will inspire many!!
Hope we have one more rally soon!
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mgmanoj
08-27 06:21 PM
He has 20 years experience means 13 + 9 years of experience will make bachelors equivalent and 10 years of experience.
Will the job requirement saying bachelors equivalent + 10 year experience will qualify as EB2 ? rather than masters or bachelors plus 5 years ?
Will the job requirement saying bachelors equivalent + 10 year experience will qualify as EB2 ? rather than masters or bachelors plus 5 years ?
watzgc
02-12 06:58 PM
You can work upto 240 days after your H1 expiry date while your H1B is pending. To continue working from 241st day, you would need EAD otherwise stop working until the decision is made on H1B.
Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
sathishav
02-24 08:54 AM
Congrats Beautiful Mind. It is good to hear EB3 to EB2 porting. (Though I don't have plans to do it)