immigrationvoice1
10-08 10:29 PM
Answer to question 1: Yes you can, but make sure that at least on paper the job responsibilities remain the same as the job for which your present employer sponsored your GC. The designation can be anything.
Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
Answer to question 2: USCIS is not very clear on the percentage increase/decrease in salary that a person should draw in a new job from the job which sponsored the GC. However, it says, that there should not be a huge disparity between the two. Looking at the figures that you provided, it looks like a huge disparity. I am pretty sure that the "bonus" in your first job was not accounted for in the salary which was mentioned in the LC by your sponsor. Even if they did, the difference seems to be huge. If it is possible, ask the BIG employer to offer you the same amount of 65K as salary and the rest as "bonus".
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
wallpaper VALENTINES DAY WINDOW DISPLAYS
felix31
04-30 11:55 AM
And has a lot of backing from the hi-tech industry.
Also, this bill (as per my understanding) does not have to do anything with the illegal aliens and so should not rankle anyone. Also since Cornyn is the author, other conservatives (hopefully) will not have many issues with it and not many will argue about a bill that has to do with American Competitiveness.
good news...
when will the debate start in the senate?
Also, this bill (as per my understanding) does not have to do anything with the illegal aliens and so should not rankle anyone. Also since Cornyn is the author, other conservatives (hopefully) will not have many issues with it and not many will argue about a bill that has to do with American Competitiveness.
good news...
when will the debate start in the senate?
Refugee_New
08-18 03:07 PM
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also. Becasue bloody whole immigration system is broken and we are taken for granted. There's no accountability here.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also. Becasue bloody whole immigration system is broken and we are taken for granted. There's no accountability here.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
2011 In love on valentines day
diptam
06-23 10:51 AM
I believe we did sufficient Brain storming on this and the following bottom lines came out to extract EMPLOYER LETTER :-
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.
b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.
c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.
Following 2 are little more aggressive approaches (Single's can pursue)
d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.
e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER
Following one is a extreme risky approach and is not recommended
f) Some one mentioned about somehow getting a Letter head and helping
yourself .... But your whole efforts and money could be wasted at a later point of time.
here's my 2 cents.
There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.
it may work.
more...
sankap
07-10 05:07 PM
So, we're back to the semantics. We need USCIS/DOL definitions of "permanent" and "legitimate"--not the definition just for educators/tenured teaching positions, as desi3933 gave. If we don't have the definitions, we can/can't assume anything/everything. Therefore, self-employment in same/similar occupation, with a *projected* cash flow, should be classified as "FT, permanent."
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
vinabath
04-23 04:38 PM
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
more...
dicarol18
08-13 03:06 PM
Did you file I-140/I-485 concurrently. Where is employer's office location? and your residency?
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:
2010 portrait valentines day
desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
zoooom
08-13 02:01 PM
No Receipt notice yet..Mine reached at 7:55 AM on july 2nd. (NSC)
hair valentines day coloring
bmoni
05-01 01:08 PM
Did any one discussed this with an attorney. May be a conference call with Mr. Rajiv Khanna ? Can anyone from IV core member respond what is their take on such a class action. Will we have the support from IV if such lawsuit is filled.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
Again i strongly believe our only way out of this mess especially for EB3 India is lawsuit.
more...
unitednations
03-08 10:26 PM
While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.
Well,
Good luck to you then. :)
Well,
Good luck to you then. :)
hot Valentine#39;s day Coloring
guchi472000
03-26 09:41 AM
My PD is EB2 Nov 2006.
more...
house valentine color pages
maag
05-30 12:37 PM
http://www..com/discussion-forums/i485-1/122557139/page/1/
I was planning to land tomorrow and read this on , I guess, I might not be landing.
I was planning to land tomorrow and read this on , I guess, I might not be landing.
tattoo day pikachu coloring pages
ameryki
09-24 08:43 PM
Received FP notice today. The online tracker says following:
Current Status: Case received and pending.
On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.
My lawyer confirmed that the application was posted on august 2nd 07.
Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?
I am in the same boat as you. Got FP notices for me and the wife today in the mail and online tracker states received on Sept 10th. My lawyer sent it on Aug 1st to NSC and file # starts with LIN so we are ok there. any thoughts? how important is the receipt notice if we have the receipt number information handy?
Current Status: Case received and pending.
On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.
My lawyer confirmed that the application was posted on august 2nd 07.
Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?
I am in the same boat as you. Got FP notices for me and the wife today in the mail and online tracker states received on Sept 10th. My lawyer sent it on Aug 1st to NSC and file # starts with LIN so we are ok there. any thoughts? how important is the receipt notice if we have the receipt number information handy?
more...
pictures puppy pictures to color
suresh1
08-20 09:29 AM
140- approved by TSC 6/06
LUD - 7/28/07
485 - sent to NSC on 7/03..
No response yet..
LUD - 7/28/07
485 - sent to NSC on 7/03..
No response yet..
dresses chipette coloring pages
rtarar
07-02 08:37 AM
Sent on Jun 30 to reach on 2'nd July.
more...
makeup DISNEY VALENTINES DAY COLORING
rvurady14
02-09 02:44 PM
I will mail my $50 Contribution Today.
GO IV GO-
GO IV GO-
girlfriend valentines day coloring
dskhabra
09-23 07:51 PM
I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...
hairstyles valentines day flowers for men
gcspace
10-16 10:07 AM
I emailed CIS Ombudsman. Not sure if its going to cause any affect.
I might call them tomorrow..but we know what the reply is going to be ...WAIT for another 30 days.
I might call them tomorrow..but we know what the reply is going to be ...WAIT for another 30 days.
krishnam70
07-02 09:02 AM
That thing is there for quite some time now... like more than a day. nothin new about it. just search the forums and you will be able to see what it says.
true
true
glus
06-04 11:11 AM
e-mailed my 2 NY senators with a personal letter explaining the problem in the new immigration bill. Requested changes to be made.
G
G
No comments:
Post a Comment