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shaa

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  1. little confused here. whose GC is not approved ? Primary GC applicnat or derivative ? and whose GC is approved ?
  2. Its not EB2NIW , 12 years ago when PERM was approved it was for ' engineer' and new the role is 'engineering manager'
  3. shaa

    AC-21 with different SOC codes

    Hello Attorney_15 Are you saying that one can not start a new job until I-485 J is approved ? or you are saying that it is safest for an applicant to leave the current employer only after I-485 J is approved by new employer ? Is 485-j approval a relatively fast process ? Like a month or so ? Thank you.
  4. Hi All, My PD ( Sept 2009, EB2) is current for more than a month now but no RFE yet from USCIS . I applied GC in 2009 as an Individual contributor and now I have an offer from new employer for engineering managerial role. This is a great opportunity which wont wait until I get green card. Looking at the current processing speeds, I think its going to take at least 2 months to get green card in hand ( assuming all goes smooth) So I was wondering by accepting this offer as a manager from a new employer am I taking a big risk ? Especially when its a new employer. Per AC21 statements ( pasted below) from USICS , to me it seems safe to accept managerial role for following reasons. -My I485 is pending for more than 7 years - It would be a normal career progression for me where I will be managing engineers from the same field. - AC21 lets you change employers as well Following is pasted form USCIS website. https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21 If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether the original and the new positions are in the same or similar occupational classifications. Further, if you move into a managerial or supervisory role and establish that the new position involves managing the same or similar occupational classifications as your original position, USCIS may treat such evidence favorably. You may still be eligible for 204(j) portability if you are able to establish through a preponderance of the evidence that your job change reflects a normal career progression, even if you are not managing anyone whose job is in the same or similar occupational classification as your position, if you can demonstrate that you are performing or overseeing some of the same types of duties or functions that are associated with your original position.
  5. See this link from USCIS and I am pasting particular section from the link below. https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21 If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether the original and the new positions are in the same or similar occupational classifications. Further, if you move into a managerial or supervisory role and establish that the new position involves managing the same or similar occupational classifications as your original position, USCIS may treat such evidence favorably. You may still be eligible for 204(j) portability if you are able to establish through a preponderance of the evidence that your job change reflects a normal career progression, even if you are not managing anyone whose job is in the same or similar occupational classification as your position, if you can demonstrate that you are performing or overseeing some of the same types of duties or functions that are associated with your original position.
  6. In which year your medical was done ?
  7. Hello Situation – Filed GC in EB2 (India) about 8 years ago as a Mechanical Engineer –SOC code 17-2141.00. I -485 is pending for last 6 years. Working on EAD. Now I see an engineering manager opportunity with designation as engineering manager in same organization but different department. My new role will have combination of individual contributor role and managerial responsibilities with engineers reporting to me. I wonder if it’s a problem if I accept the role from green card stand point. I understand that there is different SOC code for managerial role but won’t my new designation would be considered as a normal career progression? . Details on SOC code 17-2141.00 do have couple statements saying ' performing personnel functions such as supervision or engineers and technicians'. I would appreciate your thoughts.
  8. Dear Madam/Sir With recent immigration related executive order (26/27 Jan) , does an Indian National need to worry about travel on employment based AP ? Thanks in advance.
  9. Hello Friends, Do we know if any of the recent executive orders affect travel on AP (485 based) ? Has anyone traveled on AP from India post immigration related executive order ? Thanks in advance.
  10. Hello Friends, I updated AR-11 online successfully but step 2 for I485 address update link didnt work right. I have pdf copy of AR-11 with ref number which probably indicate that address change went through succefully for AR-11 but I485 address is not updated successsfully. Do I need fill in AR-11 once again to complete 485 address update? Is there any online way to update address for just I-485 or I have to fill it in all over again ? I would appreciate your inputs. Thank you
  11. H1B transfer : Do I have to start the new job (emplyr B) on the start day mentioned on new H1B or I can join few days later? Employer A would like me to stay for few more weeks , he wont cancel my current h1b till I leave... Is h1 overlap allowed? or I have to resume work with new employer on start day of new H1B only? When does my current h1 expire? I would appreciate your response.
  12. Belly, here is the confusion, I just heard that you can have multiple H1s approved and as long as your current employer doesnt revoke your H1, you can keep working for current employer up 60 days from the start date of new H1B but you can not work for 2 employers at the same time. H1B approved for employer B doesnt not mean you have to join there the next day (as long as empoyer A doesnt cancel your current H1B)..again you can work for current employer up to 60 days. can somebody comment , if above is true?
  13. Hello Here is the situation I will be changing employer with H1B transfer , i485 PENDING for more than 180 days. New employer has filed H1B and Start date asked on new H1B : 1st March New empolyer wants me to join company on 15th March. If my current employer has not cancelled my H1B yet, Can I work at current employer till 14 th March eventhough H1B start date on the new H1B is 1st March? Does my current employment has to end just before the start of new H1B or the actual start date of new job? When does new H1B come into effect , on acutal start date of job or actual H1B period start date mentioned on h1b approval? I would appreciate your response.
  14. Hello, While changing job using H1B transfer, Does one have to leave employer A just a day before the first day of new H1B start date for EMPLYER B? or when does the current H1B expire (employer A) during H1B transfer process? I understand that one can not receive 2 pay stubs if the h1b filing is not concurrent but whts the rule for end date for job A and start date for job B? does it have to be back to back? or is it like , current h1b wont expire untill one acutally starts working at job B with new H1B? I would appreciate your response. Thank you.
  15. Friends, My I485 is pending for more than 180 days. If I change job using H1B transfer from current to new employer 1) Am I still invoking AC21? 2) if get laid off by new employer before I get a green card , Will my status change to AOS pending immediately after lay off? (assuming new employer cancels my H1B right away) or I need to leave the country and enter back on AP? I would appreciate your response.
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