Sunday, June 12, 2011

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  • Aah_GC
    06-01 01:37 AM
    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





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  • needhelp!
    10-25 11:23 AM
    If you live in DFW, you are wanted at the IV booth!





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  • new_horizon
    08-03 11:22 PM
    Great idea. But make sure the replies you send are appropriate to the questions. I think those who add that to their signature should be more careful in avoiding jokes or vain words so that others don't take it (signature) lightly.





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  • djsnug
    06-10 09:28 PM
    I think I'll secretly keep Phat7's image as wallpaper on my computer. The woman in there is absolutely beautiful! :D



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  • gc28262
    03-25 03:33 PM
    so what's the problem here.

    Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.

    BTW isn't I-485 for a future job ? How does the current work location matter ?





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  • arao
    12-21 03:49 PM
    I recently confirmed Netherlands does not need transit visa.
    So, I am flying Northwest.

    Hi

    I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.

    I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.

    My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?

    IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.

    YOUR input will help me lot in be prepared and planing for my summer trip.

    Thanks



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  • VisaHelp
    07-26 09:21 AM
    Sounds good, but I didn't apply for an extension. Do you think that makes a difference? I applied to TRANSFER my H1 from company A to company B. While waiting for the transfer my H1 expired. First of all, I didn't think I could apply for an extension while waiting for the transfer. But, even more importantly, I was told by my lawyers that I am not eligible for an extension because I applied for a green card through family, not employer.

    I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.

    In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"

    RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)





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  • SeanDell
    06-04 10:35 PM
    ?



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  • flex
    10-02 02:23 PM
    Eilsoe - save some of that inspiration for the game.





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  • Krishanpal
    07-22 06:57 AM
    I believe both are right. I do not think 123456mg is wrong. S/He is a law-abiding person like us and has a right to state his opinion. I agree, the statements were a bit harsher but so the truth is. Also, I guess we must stop discussing more on these matters as such since it is past and can not be changed now. Though you have my personal symphathies unlike 123456mg, I do not think the actions you chose were correct and you require a correction from that perspective. I suggest you talk to experts regarding your immigration matters since your looks like a difficult case to me.



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  • karan2004m
    07-29 01:38 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.





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  • ssterian01
    07-02 12:18 PM
    Hi All,

    I have I485 pending,
    EB3 NON-India or China ,
    EAD ,
    wife on H4 , not added on 485 (married after filed I485)

    If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
    1. The process is smooth for language training if I am the sponsor and the school is accredited

    2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?

    Thanks everyone for any piece of information



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  • whitecollarslave
    03-18 04:56 PM
    If you really need help on this kind of case. Talk to Shah Peerally in Fremont, a good attorney.510-798-2742. He is accessible and good.

    Thx.

    Wasn't this the same "good attorney" who made some very immature, irresponsible and completely unsubstantiated remarks about immigrants or aspiring immigrants as quoted by a recent article on a local bay area newspaper?





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  • mihird
    11-15 10:48 PM
    It will be YOUR I-140, not your spouse's...your spouse doesn't even have to disclose your I-140 story while going through F1 stamping...

    The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...



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  • puvathoor
    03-14 03:27 PM
    I read at Ron Gotcher's website that Admin fix cannot recapture unused visa #s (for that one needs a congressional mandate).. Is this correct? Can someone from IV team who has had contact with legal community comment on this?

    At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..





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  • vroapp
    02-22 10:26 AM
    1--> you should qualify for a J1 as 140 is filed by your Husband's employer; better check with an attorney.

    2--> HRR applies and hence you have to get a waiver to file 485 after completion of your Residency.

    3--> Once your status changes to J1; HRR applies.

    5--> depends on the specialty.



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  • garybanz
    10-28 01:45 PM
    You may get your green card with out giving a new set of finger prints. Sometimes, you will get the green card first and then they ask you to give the finger prints if necessary.

    In my case, I didn't have to give FP for receiving the physical cards.

    How long did it take for you to get the card after the case was approved? Also when your case was approved did the status change to Card production ordered immediately or was there a gap between approved status and card production ordered status?





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  • floridasun
    01-30 11:55 AM
    Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?





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  • LostInGCProcess
    10-24 12:58 PM
    I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?

    This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)





    InTheMoment
    05-17 06:17 PM
    Actually FP has nothing to do whatsoever with Name Check or when it is initiated. Name Check is a separate process that usually starts within a couple of weeks after you Notice Date. You can check when it is initiated with an Infopass or by talking to a service center IIO on the phone.





    prabhu07
    05-21 12:42 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.



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