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  • punjabi
    03-16 04:26 PM
    I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.

    On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)

    On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.

    I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.

    If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.

    Let go of the negativity. Do it.

    Good luck.



    Hi,

    .... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
    Job Description on offer letter? should match word to word with LC
    ......
    Please let me know if all the above assumptions are correct.




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  • mohitb272
    07-16 07:24 PM
    Hats off to IV :) :)

    Waiting for the good news...




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  • glus
    03-19 11:31 AM
    GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
    If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
    If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
    Mind you, I-140 is not your application, it is employers!

    See my previous statement. There is nothing in the law that states one needs to 'work' for a company when I140 is being processed. Period.




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  • krishgreen
    05-25 11:30 PM
    Thanks for sharing your experience.I have appt on Thursday May 27th. I am carrying all the documents with me including the letter from my project manager.

    Also, did VO asked any specific questions about employee & employer relationship if you are working for a small consulting firm.

    When you say VO asked about Employment verification letter, does he mean letter from the client or letter from your employer confirming your employment and salary details?

    Chicagobuddy: I will share my experience once I attend interview on May 27th.



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  • santb1975
    02-15 01:22 PM
    ^^^




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  • swamy
    06-08 11:13 PM
    this should be pushed simultaneously with delinking 485 filing based on vb so theres some justice to the way gc's are dispensed;



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  • keerthisagar
    01-06 09:26 AM
    75% of us in this forum do not qualify for the legislation being proposed here!




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  • desi3933
    02-25 09:07 PM
    ......

    what are the options for me?

    can I apply for a H1b transfer?

    please help

    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?



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  • mmanurker
    12-08 06:38 PM
    vet04, Unfortunatly I dont have an answer to your question but if you dont mind can u pls let us know more about your current job so that I can start looking at your current job as an option for me incase if I get a green card. I am serious and not kidding. I want to know who is paying
    200k salary in this job market and what is the job requirement for that.




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  • ItIsNotFunny
    10-15 04:39 PM
    Guys,

    Lets not repeat this type of threads. We recently had to ban ScratchingHead for similar type of threads. This diverts attention and energy. There are other money related forums and communities available.



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  • YesGC_NoGC
    06-19 07:31 PM
    Hi

    Here is my situation

    My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.

    I-140 is approved in 2005. 485 Applied in June 2007.
    8th year on H1B - H1 Valid till November 2009.

    I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.

    This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?

    I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.

    Just tired of waiting for GC and losing the opportunities, What options do I have ?

    � Should I stay put and continue to wait till I get GC in hand?
    � If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
    - Would USCIS makes the decision on my 485 right there saying it's a no go?
    - or Would they send me the RFE later on when my PD is current?
    - What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)

    Any Suggestion - Anybody?

    Need to make the decision in next couple of days.




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  • smarth
    02-01 09:42 AM
    congratulations...
    We r sill waiting for GC, no idea when I will give message "Received GC"...:-)



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  • bfadlia
    11-30 10:48 AM
    you may try to send them other evidence of your language skills, presence, study, or work in the US, a letter of explanation, .. but there is no guarantee they'll accept this, especially if you gave yourself maximum points in the language skills. I know people who got their phd's in the US and they were still adked to do IELTS.
    But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
    I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.




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  • intheyan
    08-20 02:34 PM
    The same here. The primary got approved and the dependent is still pending.



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  • aph0025
    11-12 09:41 AM
    Hi Gurus,
    It's amazing to see all the good work here! Please keep it up.
    My question is:
    I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?




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  • ganguteli
    06-12 06:40 PM
    Hi, Now what are my options going forward and how does this affect my chances of a successful SPERM filing ??


    Stop drinking too much beer and lazing around. Go and upgrade your skills and sperm count. Only then you can do a a successful SPERM filing :D



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  • tonyHK12
    01-21 11:35 AM
    I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)

    What do you think?

    This is a Good one, defenitely a useful point:

    "Not allowed to not be.... the No. 1 student in every subject except gym and drama"

    "almost 70% of the Western mothers said either that "stressing academic success is not good for children" or that "parents need to foster the idea that learning is fun."




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  • Green.Tech
    09-24 01:47 PM
    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.

    Seba,

    If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?




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  • GCapplicant
    10-12 04:17 PM
    I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.

    When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)

    By the way my PD is March,2003


    How come TSC is slow in yr case?Try giving a call to them if you get helpful IO its good.I was thinking guys who are in TSC are lucky.

    infact mine is from Nebraska...my A # numbers are changed...First name Last name my lawyer has made a confusion thats also wrong interchanged.As I have EAD adjudicated I have to pay new fees for new EAD with corrected name accepting my mistake of filing with interchanged names. Thats what IO told me yesterday.


    Most of my friends in NYC-applied in TSC July 2...They have got evertything by Aug end infact some of them have done FP too in sep.

    I am waiting for FP so that I can request them for correction too.

    Sorry for writing blah blah blah....




    gimmemygreen
    10-12 12:59 PM
    Fox recruiting Lou Dobbs for war on Obama administration? | ChattahBox News Blog (http://chattahbox.com/us/2009/10/12/fox-recruiting-lou-dobbs-for-war-on-obama-administration/)




    marlon2006
    06-13 02:49 PM
    Hi Renata,
    I am from Brazil as well. My PD is April 2002. This cut-off date is making my professional life miserable. My wife questions on whether it is worthed the wait or we should just go to the South in Brazil and enjoy professional freedom there.

    I hope that the potential unused visas from EB2 World can get transferred to EB3 World in October. Also, who knows perhaps the visa numbers on October 2006 can make our dates advance to 2002 ? Let's see, but in this process, nothing is certain. The only thing that it seems certain is that USCIS/DOS made a remark that advancement in cut-off dates should slow down or even retrogress further this Summer. Gloom scenario.


    Hi camberiu,

    my PD is November 2001 and we are hoping that next bulletin will get us there. Keeping our fingers crossed. I am from Europe and my husband from Brazil (on H4 and probably the only unemployed software engineer!!!!!) We cannot wait to file and get his EAD! Good luck!

    Renata



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