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  • Legal
    05-20 08:16 AM
    http://www.immigration-law.com/

    05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date

    The House floor failed to pass this bill and postponed until the undetermined date for final action. :(

    This bill was supposed to be less controversial than EB recapture bills?





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  • bikram_das_in
    04-20 09:48 AM
    Immigration reform is for all.....

    1) Path to citizenship for undocumented workers
    2) Relief to backlogged EB/FB immigration - pork for us
    3) Foolproof border security and enforcement of immigration law - pork for Antis

    So it's a win win for everybody. We should support this march and show our solidarity to CIR.





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  • HV000
    01-15 12:51 PM
    $1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
    Its only extensions which are a long time.





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  • vxb2004
    04-28 08:29 PM
    If you dont mind, can you keep us updated.
    I will really appreciate that.

    Sure I will. Hope this soft LUD is not a big deal.



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  • dvb123
    02-10 06:17 PM
    Once these categories are eliminated how can a spill over take place?





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  • n4nature
    02-05 11:59 AM
    Hello,

    I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

    Or is there any other combination, that would help approve labor in EB2?

    I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

    Thanks in advance for all your insights.



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  • obelix
    07-27 03:03 PM
    Thanks Kaiser.

    Usual suspects :). This might interest you. http://corky.net/scripts/usualSuspects.html





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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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  • dolicus
    08-27 12:11 PM
    Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
    Thx





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  • vivache
    10-04 04:32 PM
    So can I submit the docs through my family .. now and just go for the final interview?
    This way I can go to the embassy the day I land in Mumbai.



    Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.



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  • neelu
    12-28 08:48 AM
    Thank you everyone for the reply.


    Thanks for joining, IV.

    We need more membership. Kindly help IV by introducing ONE member.
    And this request is to everyone - Please help add ONE member to IV by dec 31st.

    Thank you.





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  • isthereawayout
    02-22 01:47 PM
    snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.

    I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.

    Thanks



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  • cygent
    01-06 01:25 PM
    Thank you for your kind words Everybody!!

    gc28262: I don't think $485 on AOS is out of the question! It feels like I have been infused with energy and so am able to better focus on career/future.
    seahawks: True
    pappu: You are welcome





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  • kondur_007
    10-21 10:35 AM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
    Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.

    One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).

    Good Luck.



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  • Nikhil2
    02-10 05:01 PM
    Thanks for everybody's reply. I am still confused. Here is more info about my case.

    I plan to transfer PD from EB3 to EB2.

    My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.

    MY EB2 PERM was filed and pending. The job description required Master and nothing else.

    I obtained the Master degree even before filing EB3.

    Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.

    Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.

    Any more comments?


    I think it all depends on what the job qualifications required are.
    Hope this helps





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  • franklin
    07-17 05:37 PM
    [I]A. STATUTORY NUMBERS



    You seriously think anyone is going to answer given your user name?!



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  • GCwaitforever
    11-16 02:46 PM
    This is my personal opinion. F-1 is strictly non-immigrant VISA. Hence your wife will be out of status once I-485 is filed. So she must convert to dual intent VISA H4 till she gets EAD. Check with an attorney or USCIS if your wife's status is governed by the special protection accorded by US attorney general while she is waiting for EAD. Then it would not be an issue.





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  • saratswain
    11-05 04:08 PM
    Hi, I had a similar case and I could port it. My case was

    EB3 -> 06/2004
    EB2 -> 08/2006
    (Same employer, Texas center)

    Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.


    I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.

    Has anyone had any success with Texas Service Center for this kind of request recently?





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  • raysaikat
    09-05 05:00 PM
    What is the reason your university cited for their position that you might be violating J status? Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status. On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.





    Aah_GC
    03-01 05:25 PM
    the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.

    Good Point. Guess I should get my act together too.. So can somebody give me some information on what I should do to get an FP appointment on Infopass website?

    Here is where I am -

    Make Your Appointment with INFOPASS -> "Please select Kind of Service you need"

    I have these many options - which one should I choose?

    1. You need Service on a case that has already been filed


    2. You are a new Permanent Resident and have not yet received your Permanent Resident Card


    3. You want to file an application in person


    4. You need information or other services


    5. You need a form





    CRAZYMONK
    08-11 09:17 AM
    cademic Evaluation Services, Inc.
    11700 N 58th Street G & H
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    Phone: (813) 374-2020
    Fax: (813) 374-2023
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    Website: Academic Evaluation Services (http://www.aes-edu.org)

    cademic Evaluation Services, Inc.
    11700 N 58th Street G & H
    Tampa, FL, 33617
    Phone: (813) 374-2020
    Fax: (813) 374-2023
    email: info@aes-edu.org
    Website: Academic Evaluation Services (http://www.aes-edu.org)

    The Foreign Educational Document Service
    PO Box 4091
    Stockton, CA 95204
    Phone (209) 948-6589
    Fax (209) 937-0717
    Center for Applied Research, Evaluations & Education, Inc.
    PO Box 20348
    Long Beach, CA 90801
    Phone (562) 430-1105
    Or (562) 430-2030
    Fax: (562) 430-8215
    email: evalcaree@earthlink.net

    Foundation for International Services, Inc.
    14926 35th Avenue W.
    Suite 210
    Lynnwood, WA 98087
    Phone (425) 248-2255
    Fax (425) 248-2262
    email: info@fis-web.com
    Website: Home | FIS Translation and Foreign Credential Evaluation Services (http://www.fis-web.com)
    Education Evaluators International, Inc.
    11 South Angell Street #348
    Providence, RI 02906
    Phone (401) 521-5340
    Fax (401) 437-6474
    email: eval@educei.com
    Website: Education Evaluators International (http://www.educei.com)
    Global Credential Evaluators, Inc.
    P.O. Box 9203
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    Phone: (512) 528-0908
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    email: gce@gceus.com
    Website: Global Credential Evaluators, Inc.. (http://www.gceus.com) or Global Credential Evaluators, Inc.. (http://www.gcevaluators.com)

    Education International, Inc.
    29 Denton Road
    Wellesley, MA 02482
    Phone: (781) 235-7425
    Fax: (781) 235-6831
    email: edint@gis.net
    Website: Credential Evaluation Services from Education International, Inc. (http://www.educationinternational.org)
    Globe Language Services, Inc.
    319 Broadway
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    Phone (212) 227-1994
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    Educational Credential Evaluators, Inc.
    PO Box 514070
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    Phone (414) 289-3400
    Fax (414) 289-3411
    email: eval@ece.org
    Website: www.ece.org

    Global Services Associates
    2554 Lincoln Blvd. #445
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    Phone: (310) 828-5709
    Fax: (302) 828-5709
    email: info@globaleval.org
    Website: Global Services Associates (http://www.globaleval.org)
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    P.O. Box 618056
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    Phone: (312) 421-9300)
    Fax: (312) 421-9353
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    Phone (916) 921-0790
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    Toll Free: 866-411-3737
    email: edu@eres.com
    Website: Welcome to E.R.E.S. (http://www.eres.com)

    International Education Research Foundation, Inc.
    PO Box 3665
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    Phone (310) 258-9451
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    Website: IERF - International Education Research Foundation, Inc. (http://www.ierf.org)

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    Phone: (425) 349-5199
    Fax: (425) 349-3420
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    Josef Silny & Associates, Inc. International Education Consultants
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    Phone (800) 937-3895
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    email: info@wes.org
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