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  • rb_248
    10-19 04:58 PM
    Friends,

    If you want to use AC21 and are worried about matching job descriptions, you may do the following:

    Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)

    Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.

    My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.

    My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.

    I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.

    PM me if you have any further questions.





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  • logiclife
    12-20 08:06 PM
    Accuracy of is really really bogus.

    Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".

    Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.

    data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?





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  • Saralayar
    05-14 06:28 PM
    Hello friends,
    On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
    Please provide all your GC personal details in IV so that you will get better answers.





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  • bbenhill
    08-05 11:30 AM
    I did spend EAD renewal for me and wife. Within 1 week our GC is approved. I think because of this application, they took my file out and approved. So I didn't regret the amount spend for this. I have received EAD denial letter after 3 weeks. So this is our last amount for USCIS. Many people with older priority date still in their shelf. Think about it and be happy.

    I think you will need to pay USCIS when you apply for citizenship :D



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  • little_willy
    05-22 08:46 PM
    What will happen to people who already made the move hoping to preserve their priority date from previous employer? Isn't this unfair to these folks. Do you think they may be exempt from this? I wish at least.





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  • cram
    06-14 07:43 PM
    I have the same question. Help.... somebody. Thanks.



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  • chanukya
    10-18 12:39 PM
    Dutta,

    Thank you very much for the link.
    This helps many of us to decide on even approaching a Lawyer.

    Excellent link.

    My LC filed as Programmer Analyst and I am working as a Sys Admin, the detailed work activities listed for programmer analyst and Sys Admin seems to match or similar.

    I think Lawyer can take on from there and I guess we need make sure we consult a lawyer and get his inputs to make sure some minimum activities of the new job role whatever may be it is called .("Rose" or "Lilly" as long it is not a "Mangoe" or "orange" or vice-versa), match or similar when we get the employer app letter and refernce letters.

    Thank you once again for the link.



    See this link:

    http://www.onetcodeconnector.org/ccreport/11-3021.00

    It says that "Computer Programmers" is a related occupation. Can I not accept this designation.

    Also, what if the job title varies as "Application Architect" but the job duties are similar?





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  • Stan09
    07-16 11:37 AM
    Well, not quite.
    They cannot demand reimbursement for official filing fee, it's about $1500.
    But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
    And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.



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  • nihar
    11-23 09:45 AM
    Thanks a lot for ur reply .. bt can u pls tell me as to hw can i do my opt on h1 ie if its approved ??? also the query and approval notice was sent on the same day . wen i call up the uscis they dnt mention this qry thgh my consultant sent this to me . nw wat shud i do in this case where im nt sure as to is this true that their is a qry or my employer is doing somethng else .





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  • p_kumar
    11-25 09:12 PM
    I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.

    How do you know that your namecheck is cleared?. thanks



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  • chanukya
    04-06 08:31 AM
    I think its high time, we step in and say enough of this excessive outsourcing, India has created more than enough jobs in India, ecomomy has grown to a very good level.

    There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.

    The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.




    "As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas."





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  • eastindia
    09-27 12:43 PM
    If you feel IV is our only hope/interpreter, then lets fuel it.
    We all know IV needs funds to operate and to drive our concerns.
    I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
    each ticket may be sold for $10 ,
    $10 x 20,000 tickets = 200k
    100k for IV , 100k can be split to top 10 winners.

    Please take your poll above.

    Experts can add suggestions to help it construct.

    Ideas are like a**holes. Everybody as got one. :D



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  • austingc
    12-26 10:41 PM
    Dear Mr. Rude Know it all aka austin gc,

    I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

    I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

    On the topic, the thread opener can talk with his lawyer on what i posted.

    Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

    Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

    varumo_varatho,

    I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.

    Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.

    You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.

    If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.





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  • lvinaykumar
    04-18 04:13 PM
    I got married after applying for I-485, and did not apply EAD, I am hopeing if i get my PD current i will send the new application and use the EAD option...until that i have to stay on H1 ;)


    Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?



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  • casinoroyale
    09-05 10:11 PM
    Yeah, call customer service and ask them to send new copies with correct picture.

    Now the funny part is, who is going to get your picture on their AP. :D





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  • roseball
    04-03 09:13 AM
    You can get a 3 yr extension. However, if you happen to go for stamping, I would advise to get it done in your new PP, if possible. Depending on which Indian Embassy's jurisdiction you fall under, you can apply for PP renewal within 1 year to 6 months of your PP expiry. Note that the renewal process might take anywhere between 4 - 8 weeks.



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  • senthil
    02-06 05:20 PM
    all your points look ok to me. although it may differ for different prople.

    in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.

    EAD
    - ability to switch jobs as nessary - you decide
    - AP to easy your life when you want to fly out and come back
    ( no hassle stamping tention etc, but comes with yearly price )
    - of couse the important thing is your spouse can work
    - need to stick with same designation

    H1B:
    - no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
    [ you have to jump if you decide to stay more than 6 years. no option here, i guess ]

    - same as EAD jumping jobs is easy, also can climb up the ladder
    - if above 6 year limit and I-140 not approved, you get only yearly exentions

    thanks.





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  • actonwang
    06-16 09:25 PM
    thanks! GC4menow,

    Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:

    1. What is USDOS for? Department of state? Who decides Retrogression?

    2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD.
    Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?

    I hope that sb can write "inside gc process":)





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  • acecupid
    06-09 12:30 PM
    Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:

    1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?


    2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?

    Please help. Thanks a lot.

    1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
    If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
    You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx

    2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.





    fromnaija
    07-21 03:45 AM
    If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
    You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.

    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.





    xyz2005
    08-14 04:38 PM
    I-485 AD: Jul-02-2007
    I-485 ND: Jul-31-2007

    still waiting for fingerprint notice.

    Hi,
    Same case like you but got FP notices for me and wife together just yesterday evening. Just wait and you should be getting yours in a day or two.

    Best Regards,



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