chanduv23
11-09 08:16 AM
Did someone say beer? If you guys will bring in chips and salsa, I will get beer. Let me know if you decide for 7ish on Friday. Will be there.
Cheers,
Cool - lets have a theme for the party and we can all wear clothes based on that theme. How about ramayana?
Obama - Rama
Michelle - Sita
Sasha and malia - lava and kusa
biden - lakshmana
one of us will be ravana, kumbakarna .....
with beer chips and salsa - I would also recommend shish kebabs with spicy chutney and offocurse onion and mirchi bhajjis
and some champagne - because they may make an announcement "Best costume winners will get a green card"
Cheers,
Cool - lets have a theme for the party and we can all wear clothes based on that theme. How about ramayana?
Obama - Rama
Michelle - Sita
Sasha and malia - lava and kusa
biden - lakshmana
one of us will be ravana, kumbakarna .....
with beer chips and salsa - I would also recommend shish kebabs with spicy chutney and offocurse onion and mirchi bhajjis
and some champagne - because they may make an announcement "Best costume winners will get a green card"
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tikka
05-30 08:51 PM
ramus
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
depends on the state you select- it goes to those senators.
to send to all 50 you need to select each state
thank you
drona
07-11 02:56 PM
Perhaps instead of a rally in San Jose we could rally outside the Governor's office in Sacramento? :)
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crystal
10-06 10:22 AM
There is no specific rule for this. I read opposite opinions on this by different lawyers. Based my reading on this subject , I came to a conclusion that it is better to switch to I-485 EAD once we get it to be on safer side. This is more related to IO officer questioning about our intent of continuing on F1 even after I-485 filing rather than IRS audits
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485Mbe4001
11-10 02:34 PM
One of the funniest movies i have ever seen.:)..'swiss cake hai, thoda khao, thoda feko'
I think we should still concentrate on taking to Sen. McCains office. Immigration reform was his pet project and now that the election is over he can muster up the bipartisan effort required to move this forward. Immigration is not high on Obamas agenda and i doubt you will see action from him on that issue. The other option is to keep pushing for the 5882 during the lame duck session.
Meeting the first lady will be a waste of time and efforts...imo.
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
.
I think we should still concentrate on taking to Sen. McCains office. Immigration reform was his pet project and now that the election is over he can muster up the bipartisan effort required to move this forward. Immigration is not high on Obamas agenda and i doubt you will see action from him on that issue. The other option is to keep pushing for the 5882 during the lame duck session.
Meeting the first lady will be a waste of time and efforts...imo.
Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.
.
Enginator
09-17 12:58 PM
My school has a rule where 6 credit hours for grad school are considered full time, whereas for most other schools its 9 credits. Because of this I am forced to take 3 credits per semester because of my H1 status, and to remain as a part time. I dont recommend taking a risk at this stage, and though this makes me a quarter part time student, its better than taking no classes :)
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mena
11-18 06:02 PM
Hi Sheraz,
I still haven't received the documents yet will post once have received do let us know if you happen to get your's first.
PD: 11/22/2005 (ROW i.e. Pakistan) EB3
I140 : Approved June 2006
EAD : Received October 2007
485: Pending
Thanks
I still haven't received the documents yet will post once have received do let us know if you happen to get your's first.
PD: 11/22/2005 (ROW i.e. Pakistan) EB3
I140 : Approved June 2006
EAD : Received October 2007
485: Pending
Thanks
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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.
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.
more...
Znan
07-15 11:03 AM
I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
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neoneo
07-16 08:36 PM
I'm not sure the information is correct. You can add a spouse anytime before your I-485 is approved. Till that time it's a good idea, if you have a chance, to maintain two different applications. The difference is you can mention that you have a spouse in biometrics etc but you wont file for her EAD/ AP since she/he has a separate app since she is not a dependent.
In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.
Don't get confused with dependent and spouse, these are two very different terms.
You would add a dependent before your I-485 approval depending upon whose PD is current.
PS: As usual all the disclaimer regarding of me not being an attorney applies. :D
In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.
Don't get confused with dependent and spouse, these are two very different terms.
You would add a dependent before your I-485 approval depending upon whose PD is current.
PS: As usual all the disclaimer regarding of me not being an attorney applies. :D
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perm2gc
01-08 03:28 PM
Hello,
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.
My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.
Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?
Thanks in Advance,
The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.
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kaarmaa
05-04 09:01 AM
I just transferred to a new employer in my 7th year. All you need is a copy of the approved I-140.
DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.
DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.
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paskal
02-14 10:20 PM
guys,
i do not know how to make this clearer
if you want to join ANY iv chapter, your name and other info i listed below is mandatory. we do not admit anonymous members. if you cannot reveal yourself to your own community then you are frankly no good to us....
please DO NOT send blank requests for membership.
having to write back and ask for it is a real waste of my time.
please cooperate the first time round !!
Thanks :)
i do not know how to make this clearer
if you want to join ANY iv chapter, your name and other info i listed below is mandatory. we do not admit anonymous members. if you cannot reveal yourself to your own community then you are frankly no good to us....
please DO NOT send blank requests for membership.
having to write back and ask for it is a real waste of my time.
please cooperate the first time round !!
Thanks :)
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s_r_e_e
07-07 05:39 PM
in thw worst case, if you owe lot of taxes to IRS at the end of the year and no money was paid, you can still pay it along with the next year tax filing . Your payment will include some % penalty.
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uskiwi
05-19 12:05 PM
Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.
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pt326bc
08-03 10:33 AM
I 140 is for a future job.
You certainly could use an approved I 140 from Comapny A while applying for an H1B extension (doesn't matter if it is Company A or B which is sponsering the H1B).
The critical part here is I 140 should be active (meaning shouldn't be revoked).
Of course if you do apply for an extension beyond 6 yrs (and get it for 3 yrs if your PD is not current); AND at that point I 140 is withdrawn (after approval of H1B) then you are in a grey area.
Technically if an H1B is approved then it cannot be revoked by USCIS for the reason that the I 140 on which it was based has been withdrawn. But in the current atmosphere who knows!
Again this is not legal advice, just an opinion as I am not a lawyer!
Regards.
You certainly could use an approved I 140 from Comapny A while applying for an H1B extension (doesn't matter if it is Company A or B which is sponsering the H1B).
The critical part here is I 140 should be active (meaning shouldn't be revoked).
Of course if you do apply for an extension beyond 6 yrs (and get it for 3 yrs if your PD is not current); AND at that point I 140 is withdrawn (after approval of H1B) then you are in a grey area.
Technically if an H1B is approved then it cannot be revoked by USCIS for the reason that the I 140 on which it was based has been withdrawn. But in the current atmosphere who knows!
Again this is not legal advice, just an opinion as I am not a lawyer!
Regards.
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looivy
10-01 10:47 AM
Do they do a name check for EAD as well?
My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?
My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?
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addsf345
10-22 01:10 PM
I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.
@KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?
@KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?
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shortchanged
08-28 12:34 PM
Thank you !This whole thing has cost me a lot.I had to cancel the airtickets,the travel agent charged 300.00/ticket. $1500.00.I am sitting at home for 3 weeks as the vacation is not cancelled,as I can't carry it over to next year,per employer's policy.I wished I could finally go home first time,after 6 years in the US,now that is not happening anytime soon.
I suffered lot of anguish on september 30,2005 when I filed with a PERM certified labor that morning, my attorney took his sweet time to give it to FedEx, it indeed reach VSC at 7PM, so they rejected my application, as the next working day oct 3,2005, my country's PD jumped 6 years back to 11/1999 from current!I see a few cases of 485 approvals for persons who sent their forms on the same day 30/2005!
So even though I feel a lot weight off my chest as you do, it still rankles, as I was always on top of these things and even offered the attorney to be there on September 30,2005, and was willing to fly to Vermont even at the last moment, but he could not keep those packages ready to hand it to FedeEx. He did not faul to collect the fee for his NON-service anyway.
This forum is like a balm to a lot of people:)
I suffered lot of anguish on september 30,2005 when I filed with a PERM certified labor that morning, my attorney took his sweet time to give it to FedEx, it indeed reach VSC at 7PM, so they rejected my application, as the next working day oct 3,2005, my country's PD jumped 6 years back to 11/1999 from current!I see a few cases of 485 approvals for persons who sent their forms on the same day 30/2005!
So even though I feel a lot weight off my chest as you do, it still rankles, as I was always on top of these things and even offered the attorney to be there on September 30,2005, and was willing to fly to Vermont even at the last moment, but he could not keep those packages ready to hand it to FedeEx. He did not faul to collect the fee for his NON-service anyway.
This forum is like a balm to a lot of people:)
EndlessWait
07-09 01:08 PM
Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs
lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.
Ofcourse its protectionism for those who thought its a fair game!
lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.
Ofcourse its protectionism for those who thought its a fair game!
guesswho
04-10 11:59 AM
That sucks :(
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