Tuesday 7 June 2011

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  • hemanth22
    06-20 04:43 PM
    Gurus
    Please advice on the usage of A number

    I came here as student and OPT before, the OPT had a A number

    In my approved I-140 i had a A number, both the numbers are different

    While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number

    Which number must i put in the field

    Regards




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  • sayantan76
    11-06 03:37 PM
    AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))

    Here is a snapshot of the GOP Class of 2010�s extremism:

    ENVIRONMENT

    - 50% deny the existence of manmade climate change
    - 86% are opposed to any climate change legislation that increases government revenue

    IMMIGRATION

    - 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
    - 32% want to reduce legal immigration

    TAXES/SPENDING

    - 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
    - 79% have pledged to permanently repeal the estate tax
    - 48% are pushing for a balanced budget amendment
    i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......

    1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.

    2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense

    3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?

    4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.

    the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........




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  • jliechty
    March 3rd, 2004, 03:25 PM
    IMHO, it's a fine composition of an interesting geometric pattern displayed in a subject. :)




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  • desigirl
    04-28 10:00 AM
    Business groups, which have clashed with Democrats over everything from health care to Wall Street reform, have been working quietly with Congressional leaders and another one of their typical opponents � unions � to seek an immigration overhaul, says Benneth Roth



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  • flex
    10-02 02:38 PM
    Thanks Pom, but I'm having a bit of a time grouping these designers http://www.kirupa.com/forums/smileys_files/stickpoke.gif




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  • sdrk
    07-09 07:34 AM
    Reached on July 2nd, 9.01 AM through FedEx, mailed on June 29th



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  • gconmymind
    08-13 06:53 PM
    Hi

    Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?

    With identical evidence, my EB2-NIW was approved at NSC.

    -Please advice.

    BP

    A friend of mine, with similar credentials like yours (from what i can get from your post) got his GC thru EB2-NIW. He didn't have to go through lengthy labor process. His lawyer recommended against filing for EB-1. Please contact a lawyer and hope for the best




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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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  • mohican
    02-14 04:36 PM
    How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

    Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

    I have an d MTR in the works in TX service center and trying to find how long they are taking these days.




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  • trueguy
    10-20 01:37 PM
    They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing



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  • purgan
    10-14 05:13 PM
    Canada attracting educated and highly skilled immigrants
    12 October 2006

    Canadian immigration policy is doing a good job of attracting skilled immigrants to this country, a Queen's University expert said. The U.S. Senate recently invited Economics professor Charles Beach to provide testimony as part of a major debate on U.S. immigration policy, driven by the large number of illegal immigrants in that country.

    Beach told a U.S. Senate committee recently that the growing importance of education, business and work experience as admission standards to Canada has significantly raised the education levels of the 230,000 immigrants who come to Canada annually.

    The result is a group of new immigrants who are better educated and experienced, younger and more fluent in either English or French than the whole immigrant population.

    Only about 20% of U.S. legal immigrants - one-third the level of Canada - enter the country under independent or economic status based on rules which reward education and work skills. The study did not deal with another touchy issue: making sure that more of these well-educated newcomers get jobs to match their skills.

    Some U.S. politicians are considering joining Canada and many other countries in adopting a similar point system tied to credentials.

    Beach said "Ironically, our findings have attracted more interest south of the border than from government officials in Ottawa."

    Beach said in a separate interview yesterday that Canada has to do a better job of recognizing the credentials of foreign-born professionals and easing the transition to the Canadian job market. "Some training, adjustment and wage subsidy programs were cut because of government deficits in the mid-1990s. I think that is a factor in the slower integration of some well-educated immigrants."

    The study found that those with university and post-graduate degrees jumped to 34% of all immigrants in 2000 from only 8% in 1980, while the proportion with only a secondary school education dropped from 59% to 35%.

    The proportion with college or related training was flat at 16%, while the balance has little formal education.

    The reason for the big shift is that 59% of all immigrants in 2000 entered Canada under independent or economic status determined by a point system - up from 35% in 1980.

    The proportion that entered under family unification status dropped from 36% to 27% and those who entered under humanitarian or refugee status dropped even more sharply, from 28% to 13%.

    Beach, along with Professor Alan Green of Queen's and Professor Christopher Worswick of Carleton University in Ottawa, studied Canadian immigration after separating out the impact of business cycles and unemployment rates in Canada and the U.S. "It appears that changing Canada's immigration policy to the point system had the desired effect of improving the quality of skill attributes of incoming immigrants," Beach said.

    The point system has gone through many changes over the years, giving greater weight to education levels, work experience, the age of entrants and their fluency in English or French. It will likely change again in the future to attract more skilled building and industrial trade people.

    Opening the immigration door wider - always a touchy political issue - has a small but negative impact on education levels.

    Increasing the total number of immigrants by 100,000 per year - about 35% - reduces the average education of economic immigrants by 2.6% and increases the average age by 1.7%. Canada has a current target of attracting and approving 200,000 immigrants annually.

    Last year, approximately 240,000 immigrants were granted visas. There has been discussion during the past summer of increasing the official target to 300,000 annually, in part a response to slightly off-setting Canada's low birth rate.

    But increasing the portion of economic immigrants by 10% raises the education and language levels, and reduces the age of all immigrants by about 2% each.




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  • vijayam
    09-15 05:34 PM
    Thank you for the reply.

    I did my Master's here.

    And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.

    ---Vijaya.



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  • panchotronera
    08-12 09:20 PM
    Mu I140 was approved back in May /07. I got a LUD today bit I don't know what it means. I have the receipt notice of my I485. I also got LUD on my I131 for me and my family.

    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?




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  • arnet
    08-14 08:32 PM
    1. H4 visa holder can study in US but cant work like F1 visa holder
    2. F1 visa holder can study and work (only for limited hours) in US but cant apply for I-485 as dependent i.e. Green Card as F1 visa is not a dual-intent visa.
    3. After filing I-485 as dependent, if anyone converts from H4 to F1 visa they will lose I-485 i.e. will get rejected.
    4. If H4 visa holder uses EAD then they are no longer in H4 visa (unless they re-enter US using H4 in port of entry). So EAD allows dependents to study and work if they use it. But staying in H4 visa is safer till you get GC compared to using EAD.

    Also the tuition fees waiver conditions changes based on each program (course) you are applying and also depends on each state/universities where you enroll.

    good luck....



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  • ItIsNotFunny
    09-22 05:06 PM
    Spoke to Aide of John Conyers (D-Mich.), Chairman

    He is in Favor of the bill so do not call him

    And yes I gave Green all those who got Red dots for motivating people :)

    I believe people not in favor should be called first but also call people in favor. Sometime few calls from antis can force them changing their view.




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  • tonyHK12
    11-09 02:18 PM
    I am sure many of you would agree with the below observations -

    I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..

    I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.

    Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)

    Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:

    As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..

    Agreed it is not good to blindly trust the media. Stocks, housing, 401K - financial institutions have a vested interest in getting a bulk of your investments and are big political contributors and fund some media outlets.

    But who would benefit if a reputed London company talks against US immigration, not the UK. This is not even an Indian news paper.

    But your GC is close anyway so its good to wait, but try to find an unbaised opinion, only your friends and relatives may be able to help you out with reality.



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  • stuckinmuck
    06-15 04:14 PM
    06/15/2007: BEC Backlog Elimination and PERM Processing Status as of Today

    DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.

    On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.

    Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.

    In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.

    With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.

    As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.




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  • webm
    11-18 06:03 PM
    180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ?

    Correct...




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  • anjans
    07-11 02:52 PM
    hold on tight and hope for the best




    a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).




    salthepal
    10-29 04:53 PM
    No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.

    I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?



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