obelix
07-25 08:12 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
gg_ny
04-07 04:59 PM
Can we get an appointment with the President and explain the problems faced by EB immigrants
Since the 43rd is counting weeks now, may be, one might want talk to all of the three 44-wannabes to extract a promise/create awareness in them and to prime them in advance.
Since the 43rd is counting weeks now, may be, one might want talk to all of the three 44-wannabes to extract a promise/create awareness in them and to prime them in advance.
kanakabyraju
07-31 02:09 PM
My wife arrived on Saturday and we completed the medical exam on Monday.
My lawyer did receive the original RFE along with the original medical that we submitted. I had to carry the document to the doctor.
Doctor did miss MMR last time because of pregnancy. He completed that and update the same document with new dates of vaccination with signature and gave us back in sealed envelope.
RFE Response had reached Texas center yesterday.
PS: Do not complete the pending medical exam though you are aware of this. You will have to wait till you get RFE. looks like the doctor would have to complete again the original document with new dates.
Thanks for everything.
My lawyer did receive the original RFE along with the original medical that we submitted. I had to carry the document to the doctor.
Doctor did miss MMR last time because of pregnancy. He completed that and update the same document with new dates of vaccination with signature and gave us back in sealed envelope.
RFE Response had reached Texas center yesterday.
PS: Do not complete the pending medical exam though you are aware of this. You will have to wait till you get RFE. looks like the doctor would have to complete again the original document with new dates.
Thanks for everything.
gc28262
03-25 03:52 PM
thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.
Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.
Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.
more...
Steve Mitchell
March 27th, 2004, 08:11 AM
Yes I will be there.
Well.. speak of the devil.. I did score the publisher's tickets for the Heat game.. Not where I thought they were though.. It's section 14, row 5, seats 10,11,12,13. So I'm over in the corner behind you it appears.
Checking the Fieldhouse website it says:
"Camcorders/Recording Devices:
�Still� cameras are permitted at Pacers, Fever and Firebirds games. No Video cameras are allowed. During other events this policy will vary, and guests may be asked to check these items in at Guest Relations in the Entry Pavilion."
I've never bothered to bring a camera into the games ever.. It seems as they are pretty liberal in the policy -- kudos to them.
Now I'm going to exploit it. :-) My wife is going to the game with me and I'm guessing she is going to give me grief if I drag the borrowed 300 w/o the hood into the game.. I went down to work to borrow it this afternoon.. I'll probably have to settle for the 70-200 after she throws a fit.
Are you shooting the game Steve?
-- Matt
Well.. speak of the devil.. I did score the publisher's tickets for the Heat game.. Not where I thought they were though.. It's section 14, row 5, seats 10,11,12,13. So I'm over in the corner behind you it appears.
Checking the Fieldhouse website it says:
"Camcorders/Recording Devices:
�Still� cameras are permitted at Pacers, Fever and Firebirds games. No Video cameras are allowed. During other events this policy will vary, and guests may be asked to check these items in at Guest Relations in the Entry Pavilion."
I've never bothered to bring a camera into the games ever.. It seems as they are pretty liberal in the policy -- kudos to them.
Now I'm going to exploit it. :-) My wife is going to the game with me and I'm guessing she is going to give me grief if I drag the borrowed 300 w/o the hood into the game.. I went down to work to borrow it this afternoon.. I'll probably have to settle for the 70-200 after she throws a fit.
Are you shooting the game Steve?
-- Matt
Hassanz123
10-30 01:39 PM
I filed Concurrently I485 and I140 on August 13 . I have recieved the application rejected notice due to missing signatures on the financial statement by my employer (Hard luck i guess or smartness by employer dont know). As per USCIS statetment they have requested to complete the Application as signed and sent back including the fee and form.
The notice havent mentioned to refile with new fee . COuld anyone please advise on urgent basis
if new fees is required ?
Would i still be assigned old processing date or it would be considered as new application ?
The notice havent mentioned to refile with new fee . COuld anyone please advise on urgent basis
if new fees is required ?
Would i still be assigned old processing date or it would be considered as new application ?
more...
sk.aggarwal
08-04 01:38 PM
Can some one help me out what i have to do in my specific case.
I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?
Please help me.
I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.
I applied for AINP on Feb-2009.That time my martial status is single.I got married on April-2009.I got my file number last week.If i want to include my spouse on my AINP process what i have to do?Did anyone faced this kind of situation?
Please help me.
I applied in April and we had a baby after that. I called on the number on the form and they said once I get the file number, I need to again fill out the forms which need dependent information and send them over with additional documentation. You may just want to call them and re verify. I found the CSR very helpful and polite.
Ann Ruben
07-23 11:37 PM
The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.
USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:
"Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"
The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.
USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:
"Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"
The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.
more...
banta4u
07-13 04:23 PM
Looks like the PERMANENT SOLUTION was to allow all applicants to apply for AOS....but it's losing ground, it seems...
Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...
http://blogs.ilw.com/gregsiskind/
>>>>>>>>>>>>
BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.
Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.
An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.
I'll update you as I learn more.
Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...
http://blogs.ilw.com/gregsiskind/
>>>>>>>>>>>>
BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.
Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.
An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.
I'll update you as I learn more.
pragir
07-18 11:47 AM
What risks are there? I tried to search the archives but probably am not using the right search terms. Can somebody help me out?
Check the archives where people have done extensive study on this subject. In a nutshell, it is not a good idea to do multiple 485s. There are risks.
Check the archives where people have done extensive study on this subject. In a nutshell, it is not a good idea to do multiple 485s. There are risks.
more...
nmember
05-25 05:54 AM
fax send
srarao
07-23 12:22 PM
Fedex receipt.
more...
finimits
05-02 11:38 AM
Hello Everyone!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
pitha
01-21 12:12 AM
IV in good faith shared there plan about 485 provision with everybody. And it backfired spectacularly, though for no fault of IV. There were (and still are) a lot of bad apples who made a lot of noise not just here but also went on to other sites to carry there agenda. There agenda is to oppose 485. I am not against idea of opposite point of view but look at the extent these people went to push there agenda. They are calling IV all sorts of names and casting aspirations on IV team.
I personally support the filing of 485 provision. But whatever decision IV has about 485 issues may be it is better of that they not disclose it. Hind sight is 20-20 but it might have been better if IV pushed this idea without informing everybody.
I am not second guessing or doing Monday night quarterbacking but just saying with the lessons learned going forward not to disclose information. Democracy does not mean leadership has to run by each decision or explain each decision to everybody. IV is stuck between the devil and deep sea. Damned if the disclose damned if they do not disclose. Bottom line of what I am trying to say is we should get used to information blackouts. We are not getting any information but the important thing is our opposition is also not getting information about IV plans. It might be better that way. Now the difficult part is explaining that to people who want updates.
I personally support the filing of 485 provision. But whatever decision IV has about 485 issues may be it is better of that they not disclose it. Hind sight is 20-20 but it might have been better if IV pushed this idea without informing everybody.
I am not second guessing or doing Monday night quarterbacking but just saying with the lessons learned going forward not to disclose information. Democracy does not mean leadership has to run by each decision or explain each decision to everybody. IV is stuck between the devil and deep sea. Damned if the disclose damned if they do not disclose. Bottom line of what I am trying to say is we should get used to information blackouts. We are not getting any information but the important thing is our opposition is also not getting information about IV plans. It might be better that way. Now the difficult part is explaining that to people who want updates.
more...
sbajaj80
09-12 03:40 PM
Register in USCIS.gov and then enter the I140 info in your portfolio and you will see the LUD(last updated date)
18003755283
and then press 12126
Thank you! :)
18003755283
and then press 12126
Thank you! :)
Geni
05-30 09:43 PM
Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
They'll probably start with what Senate passes. and make some minor amendments.
If it passes the house, conference will be piece of cake.
Our best hope is:
1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.
2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.
I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.
more...
champu
03-09 03:31 PM
start a consulting company. ;)
perm2gc
01-08 03:30 PM
How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..
The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..
lostinbeta
10-02 12:52 PM
That is great eilsoe! You have much talent with Photoshop=)
h1b_forever
09-13 02:08 PM
It is so frustrating to not have a receipt for Jul2 filing yet. Should be poll to see how many are still waiting
adde72
07-17 06:03 PM
I agree.. The flower campaign shouldn't be taken for granted.. let it just be special.. Thank you cards adn notes will be the best..
Agreed. Its should remain in History for USCIS july VB fiasco
Agreed. Its should remain in History for USCIS july VB fiasco
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