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Saturday, June 25, 2011

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  • centrum
    10-28 10:23 AM
    Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)

    Is the statement under passport true? I still shouldn't have any problem right?

    Can someone answer this please?





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  • Dhundhun
    04-24 01:25 AM
    Hi god_bless_you,

    Title should have been: "God blessed me !! Got GC." Fix the title, other wise it looks like "God blessed you !! I got into trouble", Unless you feel GC as some trouble imposed on you.

    I am (and most of IV visitors) still without GC and years to go before getting GC.

    Any way, whatever, congratulations.

    --Dhundhun





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  • fake_id
    09-05 04:53 PM
    Welcome to reality.





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  • Maqrkk
    01-26 05:33 AM
    I really like The Swarm :thumb2:



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  • s416504
    11-02 11:36 AM
    I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).

    I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.





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  • gcpool
    11-28 09:42 AM
    Now a days I head the appointments are easily available.



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  • piyu7444
    03-26 02:58 PM
    We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.

    Many say when the 485 is transferred to a field office there could be an interview.


    Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)

    Documents one shall carry
    -Employment Letter from current as well as past employers
    -W2 for last 3 or more years
    -Pay Stub last X month (take as many as you have-wont hurt)
    -Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
    -Marriage Certificate
    -Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
    -140 approval copy
    -H1b petition copy or copies for both primary and secondary applicant
    -Should remember Last entry date (entry into US)
    -They will ask if you took any kind of money in welfare etc rom government or any other agency in US
    -They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
    http://www.uscis.gov/files/form/i-485.pdf

    I will post more questions if I can recall something later.........

    Cheers





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  • mmanurker
    09-04 10:56 AM
    My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:

    I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.



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  • myimmiv
    02-25 02:48 PM
    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.





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  • mdipi
    10-31 09:38 PM
    thanks



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  • ek_bechara
    10-13 01:45 PM
    This is clearly a case of pharma companies wanting to make more money. My question is, why target only immigrants? There is something fishy here. I dont buy their argument. Fuck the green card. I'm not putting my wife through this shit. The sad part is that everything is commercialized in USA. Dont bring it upon your health. A slew of medicines have been pulled off the shelf and for heavens sake, this is a vaccine. I'm not scaring anybody.





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  • bayarea07
    07-18 02:34 PM
    :-)



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  • bandhu
    02-04 04:22 PM
    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.





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  • johnggberg
    08-10 12:00 PM
    go to http://www.uscis.gov/ and click on Press Room top right hand corner, but its not realsed yet



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  • SL%%
    03-02 08:10 PM
    Thanks SL & Lost in GC process,

    Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

    One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

    Thanks
    Senthil

    For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you.

    For the second one, seems like desi3933 answered your question.





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  • cs.0
    09-28 05:52 PM
    hi,

    I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.

    regards,
    c



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  • GCnightmare
    08-13 09:32 PM
    Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
    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.





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  • calboy78
    08-18 10:45 PM
    Sorry to hear about this.

    This is so ridiculous - I have had friends who had degree in metallurgy and they successfully got their h1 and even green card :mad:





    chanduv23
    12-04 04:32 PM
    Bump





    Can2004
    10-08 08:26 PM
    H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
    Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.



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