coolmanasip
08-16 08:06 PM
Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
a_yaja
01-08 09:25 PM
free "EAD and AP" for life what are you talking about??
People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
redcard
09-27 12:07 PM
Today morning�s market place on NPR had a feature on the shortage of qualified technical professionals in US, mainly because of the shortage of qualified American Professionals and difficulty in hiring foreign professionals. This discussion was in reference to a labor department report with regard to the new job creation. There was a mention that the oil and gas sector is also facing very high shortage of qualified and experienced technical since US had no major expansion in this area in the last decade as a result of which getting experienced professionals has become more difficult.
I also found this news article which also mentions the same thing.. may be it will help to bring this to notice of the lawmakers..
http://www.mercurynews.com/mld/mercurynews/15618901.htm
""
``We think the growth could be much higher,'' said Josh James, AeA senior manager, research and industry analysis, who contributed to the report. ``Numerous tech companies are having a difficult time finding qualified workers, both because fewer U.S. kids are coming out of universities with science and engineering backgrounds and companies are having a more difficult time hiring foreign nationals because of the visa process
"
Iam sure if nothing else.. it will help the H1 Cause...:)
I also found this news article which also mentions the same thing.. may be it will help to bring this to notice of the lawmakers..
http://www.mercurynews.com/mld/mercurynews/15618901.htm
""
``We think the growth could be much higher,'' said Josh James, AeA senior manager, research and industry analysis, who contributed to the report. ``Numerous tech companies are having a difficult time finding qualified workers, both because fewer U.S. kids are coming out of universities with science and engineering backgrounds and companies are having a more difficult time hiring foreign nationals because of the visa process
"
Iam sure if nothing else.. it will help the H1 Cause...:)
Pallavi79
02-10 10:35 PM
I spend lot of time to check status, emails, news.
If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:
If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:
more...
amitjoey
07-18 01:02 PM
Please post on the media thread as well, to get attention.
clockwork
07-18 05:24 PM
I have some more docs about 485 standard op process, AC21 relief, 485 interview waiver, filing guidelines for EB based immigration petition etc.. but not able to upload. they do fall under max size limits.. Any hints..
Hey,
you can mail me to this id <received>. I can split up the doc and post it as multiple items. Thanks -
Thanks. I received it. Files are pretty small. I dont know why you were not able to post it. Let me try.
Hey,
you can mail me to this id <received>. I can split up the doc and post it as multiple items. Thanks -
Thanks. I received it. Files are pretty small. I dont know why you were not able to post it. Let me try.
more...
kumar1
07-18 01:57 PM
Sorry admin, I got mad at this guy.
newyorker123
09-28 10:53 AM
Yes. You can file another FOIA to get the I-140 approval notice.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
more...
makemygc
08-01 09:36 AM
The link on USCIS page sends only the user id thru email. It does not send password.
Once you get your userid. Click on the forgot password link again and enter both your userid and email address, it will send you a link to reset your password.
If you just enter the email address, it will only send the userid.
Try this. I helped one of my friend yesterday to get his password reset.
Once you get your userid. Click on the forgot password link again and enter both your userid and email address, it will send you a link to reset your password.
If you just enter the email address, it will only send the userid.
Try this. I helped one of my friend yesterday to get his password reset.
shantanup
03-18 11:10 AM
How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.
more...
anjans
07-10 08:15 PM
Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?
kalyan
02-13 08:05 AM
Brothers and sisters,
IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.
By the time, they think of co-ordination, our grand kids will come up.
USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.
IRS and USCIS dont talk to each other. They dont co-ordinate . So dont worry.
By the time, they think of co-ordination, our grand kids will come up.
USCIS does'nt even look at w2 and payslips in depth. All they do is, did the guy submitted as per the LCA or not.
more...
martinvisalaw
04-06 12:48 PM
The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
greyhair
07-01 07:43 AM
Recently I started looking other options in India, Britain, Canada and Australia.
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
more...
ilikekilo
04-28 02:46 PM
I was hoping some one will be able to tell us something abt it but seems as no one has recd. a mail like that from USCIS.:confused:
hey iam not sure what would be the RFE is about, i dont see a GC coming since ur PD is 05 and its not current. please wait until u get the RFE and post ur message again...cant fathom what the rfe is about as u arleady got one for TB test...it might be for somethinig else too..just wait ad see
hey iam not sure what would be the RFE is about, i dont see a GC coming since ur PD is 05 and its not current. please wait until u get the RFE and post ur message again...cant fathom what the rfe is about as u arleady got one for TB test...it might be for somethinig else too..just wait ad see
malibuguy007
10-02 09:40 AM
Many of you would have had the chance to discuss with your better halves yesterday night - ready to contribute now? :D
more...
sweet_jungle
12-07 12:30 AM
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
pthoko
07-05 03:07 PM
Hi All,
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
neobuddha
10-14 03:28 PM
You can provided:
a- If have not used your AP, if it is single entry
b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.
Good Luck,
-Neo
a- If have not used your AP, if it is single entry
b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.
Good Luck,
-Neo
milind70
11-06 11:29 PM
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
cooldudesfo
09-11 01:46 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
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