Wednesday, June 8, 2011

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  • sukhyani
    12-20 01:00 PM
    Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.

    Wonder what is the Governor's stance on legal immigration?

    Do you know if he has a website? We can look for his position on different issues on his website too.





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  • eastindia
    05-14 02:57 PM
    Any idea what Tech firms are doing to help CIR?





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  • kak1978
    09-24 10:50 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!

    What was your RFE about?





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  • kaisersose
    07-17 10:44 PM
    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!

    Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.



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  • dkupadhyay
    02-03 10:55 AM
    My I-485 application finally got denied on 02/02/10. I just got e-mail update. Don't have any details as of now.





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  • pappu
    09-01 09:52 AM
    You need to connect with company A and get your documents to prove 2 year experience.
    There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.

    It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.

    If you show 2 year experience you will be covered as per your RFE.
    For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.

    now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).

    You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.



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  • ken
    04-09 12:33 PM
    Thank you GC Struggle for your thoughts..
    But I don't live/work in Miami,FL.





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  • Kitiara
    09-06 04:50 AM
    I like that footer as well - very nice. :)

    I'd say for Photoshop expertise, ask the two guys who seem to know it inside out. Dan, vts31, I'm talking about you. :)



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  • 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.





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  • dilipb
    01-31 05:32 PM
    What I am asking is "what does processing date mean"?
    Does it mean that they have started working on my application?
    or that the cases on that date have been finalised either by way of approval OR denial ?



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  • Can2004
    10-08 08:26 PM
    H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
    Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.





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  • Asian
    05-31 10:48 AM
    Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.



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  • dsneyog
    01-15 09:36 AM
    Now I feel like they are just holding mine. LOL. Good to know.

    My application received: Dec 2
    Check cashes: Dec 7
    Status: Initial Review
    Expedite Request file: Jan 14th



    I paper filed AP at TSC on Dec 14 ( Renewal)
    Check cashed on Dec 16
    Ap received on Jan 9

    Total : 3 weeks

    Paper filing works better for AP at TSC.
    ( I had a bad experience when I E-filed at TSC last time.)





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  • piyu7444
    02-24 03:16 AM
    I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.

    It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.

    Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.

    There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.

    ------------I am not a lawyer so this is per my limited knowledge -------------------



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  • imind
    03-12 03:50 PM
    You can go to dice.com or any other jobportal and search for any IT job and you will see lot of jobs says:

    NO H1Bs....ONLY EAD/GC/CITIZENSIP .





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  • onemorecame
    06-28 12:21 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

    Good News



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  • InTheMoment
    05-17 06:17 PM
    Actually FP has nothing to do whatsoever with Name Check or when it is initiated. Name Check is a separate process that usually starts within a couple of weeks after you Notice Date. You can check when it is initiated with an Infopass or by talking to a service center IIO on the phone.





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  • imneedy
    03-24 04:00 PM
    Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category.

    Can you ask her to do inter-filing for I-485? I thought lawyer just need to send a letter to link new I-140 to your existing I-485 application.





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  • validIV
    03-09 06:27 PM
    Real estate investment right now is very good. Buy some foreclosures cheap (under 50k) then rent. Use the equity to buy more houses. Daisy chain rinse and repeat. Within a year especially with this economy you will be living the American Dream.





    langagadu
    08-21 08:43 PM
    So you are in India now. Can you give the followjg details so that IV or other folks can conatct law makers and help you.


    Upload the following scanned copies.

    1)Reciept number.
    2)Scan copy of the ticket.
    3)Address in India
    4)Univeristy name (if exist).
    5)Your real name.
    6)Baap ka naam and maa ka naam. Attested copy scanned.
    7)Passport Copy with clear photo

    we are here to help you to conatct the law makers.

    Do it right now, if you can't f'ur self.




    Hi ,

    I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .

    My visa is cancelled and I was told to go back to consulate and get a new visa .

    I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .

    thanks in advance.

    RD





    akp
    06-30 07:35 PM
    I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
    I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
    The implication of our way or highway sounds childish.
    Just my opinion in an "open" forum.



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