Abhinaym
01-27 09:59 AM
Does anyone have a link to this bill/article? I don't see anything on the news yet.
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Templarian
11-11 11:20 PM
:lol: Bribery is hard.
kaisersose
10-17 11:47 AM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
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gckidhamal
11-19 02:50 PM
http://www.aila.org/content/default.aspx?docid=6727
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/
http://www.durrani.com/newsite/news_items/nactive_disp.asp?ID=4183
http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/
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sixburgh
06-28 07:29 PM
If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
Ead and h1 employer are the same.
What happens when I want to change my job by using ac21 later?
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
Ead and h1 employer are the same.
What happens when I want to change my job by using ac21 later?
somegchuh
01-28 06:59 PM
This question is specific to Indian nationals with children born in US.
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?
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x1050us
10-01 02:16 AM
This is the new thread to mention your rejection reasons.
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
My case was rejected with incorrect fee as reason. But my lawyer claims that the rejection packet did not have the original checks. So, they don't know whose fault it is. Any one with similar issue ?
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
My case was rejected with incorrect fee as reason. But my lawyer claims that the rejection packet did not have the original checks. So, they don't know whose fault it is. Any one with similar issue ?
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andy garcia
08-15 09:07 AM
If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up
You are correct. This Fiscal Year they followed the law accordingly.
INA -ACT 202 specify clearly:
(A) EB IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
You are correct. This Fiscal Year they followed the law accordingly.
INA -ACT 202 specify clearly:
(A) EB IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
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cool_desi_gc
08-10 11:15 AM
Guys please dont make such comments and scare everyone...There is no rule that that address shud match the address in ur 485 application.USCIS is not so dumb to look at the address on each of the check.No one ever in this country will ever validate the address on checks...no worries guys
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sixburgh
06-28 06:03 PM
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Thanks for your reply. It helps understand the process.
The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Thanks for your reply. It helps understand the process.
The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.
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pachai_attai
08-03 03:34 PM
I received a NOID (Notice Of Intent Deny) from USCIS.
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
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WeShallOvercome
07-31 12:13 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
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pappu
07-30 11:38 AM
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.
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GCNirvana007
10-04 06:08 PM
I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
:p:p Thats hilarious
Also a p**** sent me a red for posting this - what a loser
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
:p:p Thats hilarious
Also a p**** sent me a red for posting this - what a loser
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gcdreamer05
08-11 11:26 AM
Guys,
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
It is so pathetic to see ppl with 2001 PD have still not got GC in EB3, then what will happen to people like me who are in 2005 PD Eb3 :confused:
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
It is so pathetic to see ppl with 2001 PD have still not got GC in EB3, then what will happen to people like me who are in 2005 PD Eb3 :confused:
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MArch172008
05-23 03:32 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
more...
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calaway42
10-04 01:06 AM
but the thing is.. i dont have another strip of rentangle on either side... according to the tutes.. im suppose to have one
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vselvam
12-16 05:20 PM
I would like to know some details about EB3.
Currently the priority date for EB3 India is May�01.
My PD is Mar�2004.
When no reforms happen, how long approximately it will take to reach my PD.
I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?
Thanks
Currently the priority date for EB3 India is May�01.
My PD is Mar�2004.
When no reforms happen, how long approximately it will take to reach my PD.
I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?
Thanks
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satyasaich
04-23 12:42 AM
You are correct.
Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
satishku_2000
11-21 05:56 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
when you get an extension of stay you will have same number for all of them.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
when you get an extension of stay you will have same number for all of them.
rogerdepena
08-01 11:30 PM
nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
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