Monday, June 13, 2011

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  • sidd_k2002
    02-11 05:35 PM
    No i dont have any brothers or sisters. I am the alone child of my parents.




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  • neeidd
    11-10 04:09 PM
    I entered US using AP on this Sunday from Chicago.
    AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
    carry older passports if any.

    I also carried I-485 notice and EAD but was not asked for it.
    Thanks for your reply, Rajiv




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  • indyanguy
    08-07 10:43 AM
    While I agree that yours is a genuine case, I must say that you are asking a wrong question. How do one know when would your recipt come out from USCIS? No one has a crystal ball dude...Think before you send out a question there.....

    I understand that one cannot guess when USCIS sends out receipts. All I wanted to know was if there will be different receipts sent out for LC/140/485 and if the processing will be done simultaneously or separately.




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  • uscis_prob
    07-31 06:17 PM
    Hi all,

    I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.

    the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
    They sent rfe for 5 more years despite me having Masters.
    The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
    I was not in the loop during this process. the web site is not updated too. i got denial last week.

    After talking to attorney, he filed motion to reconsider with all the proofs.

    its been 10 days, i have not received any notice of receipt yet.
    how long does it take to get a receipt.

    can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?



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  • sathishkrish
    08-13 10:33 PM
    Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
    Thanks

    I got an LUD too for 8/12 but not on my underlying 140 petition but on a differant I140 petition. I have two I140's - I applied 485 thru my current employer on 8/3 at TSC.




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  • dpp
    06-20 06:17 PM
    Thanks.

    Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.

    I think you are ok. Nobody got I-485 approval in 4 months. So, don't worry. You can apply anytime before your 485 gets approved.



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  • eadguru
    11-02 12:59 PM
    I got the same queries guys.
    i think most of vermont transferred applications are getting it.

    i will also send color copies of all the documents mentined by you.

    how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.

    appreciate any responses.

    thanks,
    srikanth
    Sent the all the existing I 94's and Passport.




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  • iman.karta
    04-15 06:59 PM
    tx1hb,

    Thanks for the kind response. I am still using the same lawyer as before when I was doing my H1B and OPT. In fact, I do have a proof at some point, they asked for my I-20s. But when they asked them, they said that they dont have it. I am so angry - I am not sure whether it is to the situation or to them. I will NOT recommend them to anybody.
    But it's kind of odd because I always have all my I-20s and other documentations in my emergency briefcase. While the other documentations are still there, only my I-20s (I have 4 or 5 of them) are all gone. So it is not simply I dropped them somewhere. It's gotta be I take them out for some reasons and perhaps never return them back to the briefcase. And to be frank, I feel that the attorney might have the original copy.

    Do you have any idea to provoke the attorney to look for the copies? I resent the email they sent me 2 years ago when they asked for my I-20s copies. And today the secretary still said that she does not have the copies. The attorney does not respond to me altogether.



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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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  • Hewa
    09-22 06:55 AM
    My case was also transferred to CSC. The transfer notice has a different receipt date than the receipt notice. MY case is now transferred back to NSC.
    I would like to know if anybody of you have received finger print notice. I have not received it yet.

    No FP, or any other communication whatsoever. Just the transfer notice.



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  • shx
    07-17 12:13 PM
    /\/\/\
    \/\/\/




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  • Bobby Digital
    May 25th, 2005, 03:05 PM
    You probably put the update on your camera (if you followed Nikon's directions) but you may have not installed it. What I mean is if you go to firmware to see what version your using you should see at the bottom update available, install? Or something along those lines. You then must select that and hit the enter button. When it is installed the menu should be a dark grey color. That is the 2.0 menu.
    Bracketing can be done by holding the button on the left side of camera (with back facing you) behind the auto,m,a...dial. It's beside the format button. If you hold that and roll your thumb dial on the right hand side it should turn on your backeting. If you want to adjust the settings you should be able to do that using, I think, your index finger dial on the front.

    Hope this helps.



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  • GCneeded
    11-08 12:24 PM
    Hello Everyone,

    Thank you everyone for the responses.

    RBharol, My parents did not overstay last time. Even though they have 10 yr multiple entry and 6-month validity on I-94, they stayed only for 3 months. My concern was that my brother who had sponsored their visa is not living in USA anymore and was questioning the validity of their visa.

    I had posted this question on other forums and the general consensus has been that my parent�s visa is still valid and should not be a problem. I am trying to talk to a lawyer and will post the response I get.




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  • waitin_toolong
    08-16 05:57 PM
    you dont need to have ssn in hand to start work only EAD. Apply for SSn and the employer will be handed over docs of application, it takes 4-6 weeks to get the card.

    if she already has TIN then do inform irs of the change and paprfile tax returns next year



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  • glus
    01-20 05:04 PM
    Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!


    It does mean that me need more funds. IV has not announced it has dropped the I485 idea. Now a lot depends on us, the members.

    G




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  • reachinus
    10-02 12:33 PM
    If she enters in H4 her H1 is gone. So be sure if she wants to enter in H4.



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  • eers
    07-17 11:03 PM
    if u go to the doc, they will perform the the tests that are ok to perform..

    Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

    Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

    I went through same thing..

    Will the case be accepted with this partial report-- It will be.

    Will there be an RFE? -- i dont know.. may be




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  • jonty_11
    07-24 01:47 PM
    "filing 2 AOS is not possible"..it is not written is law....so dont advise that it is illegal.

    However, as a part of this community, we encourage people to file one AOS per individual...it not only reduces the long lines at USCIS...but also will avoid u unecessary delays as teh general notion is taht USCIS will send RFE or a letter stating u have 2 AOS's fo r same individual which one u wanna keep....so lets all just file one per application...
    Already there are close to half a million applications looming at USCIS's doorstep...




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  • samcam
    05-19 11:28 AM
    Senate discussing High skilled immigration... log on to the live commentary thread to know more...




    GlobalCitizen
    08-21 01:16 PM
    Gurus,
    I need help please!

    My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.




    ahnewGC
    04-10 07:17 PM
    Hi,

    I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

    How long will it take to clear labour?

    Thanks for valuable suggestions



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