copsmart
02-05 05:48 PM
This is my Attorney’s take on “same or similar job”:
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
theconfused
04-02 06:39 AM
1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.
2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.
3) Don't lie on visa application i.e. Form DS-160.
4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.
5) Case Status Report on the embassy website may or may not hold the updated information.
6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.
2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.
3) Don't lie on visa application i.e. Form DS-160.
4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.
5) Case Status Report on the embassy website may or may not hold the updated information.
6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.
dwhuser
06-15 08:40 PM
This is my openion.
POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
kcindian
05-29 12:12 PM
This is good information. Thanks for sharing.
more...
wandmaker
08-17 09:09 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
GCBy3000
07-24 12:09 PM
only members who have not yet contributed use this thread to tell others why you have not made a decision on contribution. Again contribution to IV is not mandatory.
We have 20K members and 1-2k contributors. So this thread should see at least 15k members with their views on IV.
Below are some posts you could use. This will help.
1. I dont want to contribute.
2. I want to contribute but not now, may be later.
3. I am planning to contribute.
4. How to contribute, I dont know.
5. I will contrubute right now.
etc etc.
I know, not even a single response will be posted to this thread. :)
We have 20K members and 1-2k contributors. So this thread should see at least 15k members with their views on IV.
Below are some posts you could use. This will help.
1. I dont want to contribute.
2. I want to contribute but not now, may be later.
3. I am planning to contribute.
4. How to contribute, I dont know.
5. I will contrubute right now.
etc etc.
I know, not even a single response will be posted to this thread. :)
more...
pmpforgc
12-11 02:12 PM
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
suren
10-07 01:09 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
more...
kabeer_g
08-10 03:39 PM
You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
raminmd
09-15 01:11 PM
I would like to think that there are lots of members who are interested in participating in campaigns like this. I participate in most of IV campaigns and have sent flowers and called all reps for 5882. This is a campaign that I would be interested in participating in. If you are going to chat about this on IV chat (which many members cannot access because of restrictions), then please post the transcript and summary here so that we can at least understand the viewpoints of the participants and the action plan.
more...
pappu
12-10 10:45 PM
Check the archives. I recall a long thread on this topic.
surabhi
08-15 08:33 AM
I think it can actually create huge heartburn. This is not intended to allow filing I-485 before PD is available. Rather it is to introduce one more hoop to jump over. Now I-485 will be "By invitation" after you successfully complete pre-screen.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
more...
kaisersose
09-17 12:02 PM
Hi,
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
1. As far as I know, think this will work.
2. Not required.
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
1. As far as I know, think this will work.
2. Not required.
glamzon
07-19 12:56 PM
one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
more...
wandmaker
07-19 04:34 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
Your EAD is based of a pending 485, if you withdraw then it becomes invalid. Your status will be AOS until the decision is made on 485.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
Your EAD is based of a pending 485, if you withdraw then it becomes invalid. Your status will be AOS until the decision is made on 485.
CADude
07-22 06:15 PM
cool site for analysis. I added mine in http://www..com/usa-immigration-trackers/i485-tracker1/
If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/
you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....
If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/
you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....
more...
smuggymba
03-16 10:39 AM
My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.
pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.
If anyone has gone through this please respond. Thanks.
pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.
mbartosik
09-03 09:50 PM
Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.
kawosa
08-07 09:27 AM
Its been out for month.. I am not sure what your point is!
colors
09-01 01:02 AM
Hi
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
sagittarian
12-17 03:36 PM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.