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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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  • Openarms
    12-05 01:44 PM
    Bump

    what is this bump means???





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  • gcfriend65
    12-07 02:50 PM
    USCIS is updating their system, starting today evening, till monday morning. Maybe this will take care of the problem.
    I got the same message for my I-485 application. I called the customer service representative and she transfered me to Immigration Officer. The Immigration Officer is so kind. He told me that there are two different systems in USCIS , one in mainframe system and another is DB2 System. My case is on Mainframes system so it will get transfered to DB2 System as they have few problems in updating.

    I too got my receipt numbers 8 weeks back, but still i am getting the same message.

    Thanks,
    babu work.





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  • sledge_hammer
    05-21 04:55 PM
    Thanks kalinga_sena, StuckInTheMuck, and nashim!



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  • pappu
    07-01 11:25 PM
    You need not worry about maintaining your H1B status in order to file for 485. Your 140 is already approved so when your date arrives to file for 485 you can file for it from Canada. You can come and work again based on your 485. You may go for councellor processing for your GC and get it outside the country. Councellor processing might even be faster than waiting inside US at 485 stage for long times until one finally get actual GC in hand.

    I commend your planning and applying for Canadian PR in time as plan B.





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  • quizzer
    11-01 02:38 PM
    Admins/Moderators:

    Can this be taken up with USCIS???

    Thanks



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  • pappu
    12-20 01:43 PM
    Instead i will donate the travel expenses to IV...........

    Good Luck Every one
    Thanks.
    Pls contribute for the campaign we are running
    http://immigrationvoice.org/forum/showthread.php?t=2630&page=16





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  • mmk123
    04-16 07:32 PM
    My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.

    They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.

    What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.

    Appreciate your help,
    thanks!



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  • LondonTown
    02-04 08:07 AM
    Applicants for visitor visas should generally apply the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Visa applications are now subject to a greater degree of review than in the past so it is important to apply for your visa well in advance of your travel departure date.

    As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the U.S. Embassy or Consulate website where you will apply.

    During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant�s interview by a Consular Officer.

    Read more here (http://travel.state.gov/visa/temp/types/types_1262.html).





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  • leo_loco
    08-07 10:49 AM
    As of my knowledge and talking with others, it seems like they will issue receipt to you for each of those application. Regarding I-485 processing, yes they will wait untill your labor substitution is done then they will process I-140 and once I-140 is approved they will process I-485. If I-140 is not approved then they wouldnt be able to process I-485 even if it's current.

    I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?

    I have applied in NSC. What is the approximate processing times for approving:
    1. Labor Substitution
    2. I 140
    3. I 485.

    Also, will they start processing 485 only after LC and 140 are approved?

    Thanks.



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  • eb3_nepa
    03-07 02:18 PM
    Hi,

    A while ago on one of the conference calls, if i remember correctly, it was mentioned that there wud be a team of ppl who would be aggressively calling up people and ask them to join.

    First off am i correct? If i am correct, I was wondering if the same team could look at the contributions from the various members and call the "dormant" members up and ask them why they are apprehensive to contribute.





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  • ufo2002
    05-31 11:11 AM
    Asian,
    I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
    That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
    But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.



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  • quizzer
    11-01 02:38 PM
    Admins/Moderators:

    Can this be taken up with USCIS???

    Thanks





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  • hsingh82
    04-09 05:33 PM
    I think we will be in the long wait together :D, my perm should be filed in next couple of days.



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  • pdakwala
    05-25 08:24 AM
    It is important that we make phone calls to our senators. Here is the list of senators with their phone numbers.




    Cheers





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  • Steve Mitchell
    March 3rd, 2004, 02:41 PM
    I like. The varying tones are very interesting. I'm sure the black and white version looks better than the color.



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  • justin150377
    07-01 06:14 PM
    Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:

    I can't find the option to do this even though I created the thread, if a moderator reads this please allow users to view the users voting in the poll. You bring up a good point, if there is transparency in the law suit there might as well be transparency now.





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  • prdgl
    06-28 12:06 PM
    The immigration bill before the U.S. Senate just died, likely preventing any more action on the volatile issue until after the 2008 presidential elections.

    Supporters of President Bush's plan to legalize millions of illegal immigrants and create a new guestworker program fell 14 votes short of the 60 needed in a test vote this morning. That vote would have limited debate on the bill and cleared the way for passage later this week, but senators voted 53-46 against that plan, killing the bill.

    The vote was a huge setback for President Bush, who from the beginning of his presidency has sought to change the nation's immigration laws while beefing up border security.

    Republican conservatives, including Texas' U.S. Sens. John Cornyn and Kay Bailey Hutchison, opposed the plan, calling it amnesty for people who broke the law by entering the country without proper documents





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  • eb3_nepa
    04-30 10:17 AM
    This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".

    Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.

    The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?


    Excellent points!

    Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?





    h1techSlave
    02-02 10:35 AM
    we must always have a current and valid AP even if we have no plans of travel.

    Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.

    I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.

    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik





    donsimahajan
    06-20 05:46 PM
    The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.

    That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.

    Donsi