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12-28 04:50 AM
The Congressional starter pistol on comprehensive immigration reform (CIR) has been fired skyward with the release of a 644-page mish-mash of proposed changes to the Immigration and Nationality Act that will both please and infuriate pro- and anti-immigration combatants in the Capitol and throughout the land. Introduced by Rep. Luis V. Gutierrez (D-IL), the bill with three names (the ��Comprehensive Immigration Reform for America�s Security and Prosperity Act of 2009,�� the ��Comprehensive Immigration Reform ASAP Act of 2009,��and the ��CIR ASAP Act of 2009��) is the first sortie in the coming Congressional ground war over immigration policy. With the release...
More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)
More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)
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Project_A
11-15 10:40 AM
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
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breddy2000
08-19 09:48 PM
Me too getting worried about my wife's status...
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
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a_yaja
02-04 05:09 PM
I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport
I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.
The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.
I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.
Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.
I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.
The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.
I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.
Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.
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willwin
04-04 10:50 PM
Congrats man. I am still waiting for mine. All the best for your perm.
Thanks and wish you the same!
My labor has been filed today (04/04/2010)
Thanks and wish you the same!
My labor has been filed today (04/04/2010)
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kumar_herald
04-04 05:28 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
more...
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nogc_noproblem
09-26 10:15 PM
Congrats!!!
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Ramba
10-24 06:53 PM
my marriage is done and she entered on H4 now I need to add her to GC.
my marriage date is 2 days prior to my GC approval and now she is in us and how to add her to my GC?
Thanks,
Well. It is tricky. You have to ask lawyer. One possibility is she has to wait till PD become current again. What happen if it takes another 6 years? Till that time she has to be on H4. If so, how she will renew H4 next time, as you already lost H1?
Other possibility is, even if USCIS accepts 485 for her, how DOS issue visa number when no visas available to your PD?
my marriage date is 2 days prior to my GC approval and now she is in us and how to add her to my GC?
Thanks,
Well. It is tricky. You have to ask lawyer. One possibility is she has to wait till PD become current again. What happen if it takes another 6 years? Till that time she has to be on H4. If so, how she will renew H4 next time, as you already lost H1?
Other possibility is, even if USCIS accepts 485 for her, how DOS issue visa number when no visas available to your PD?
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desigirl
12-02 09:42 AM
what are our chances if the Dream Act does not pass? Dream is #7 on the list.
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pom
10-02 06:17 PM
It kept reloading the page.
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gcdreamer05
02-03 01:53 PM
fairy angel, there is a very kind and helpful person called "angry white male" a.k.a "Matt krusse" a.k.a "curry lover", please PM/Phone/Fax/Email this person and he will help you....
He may even get you a job....... :p
He may even get you a job....... :p
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rockstart
04-15 09:03 AM
I think Air India is the best for elderly people.
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jaggu bhai
07-27 01:04 PM
ravi
Pl find these colleges
International Technological University (http://itu.edu/)
Herguan University (http://www.herguanuniversity.org/index.html)
i thought of these two colleges which were referred by someone, i assumed that, as these colleges are having so many F1 Indian students (i saw on social networking sites), these would be accredited colleges???????????????????
after seeing ur reply, I realised that there are so many ANNAMALAI universities here!!!!
Do u have any idea, where can we check these college status!!!!
the fees u were referring was for an year or per total studies?
I said for an year approx.....
tx
Pl find these colleges
International Technological University (http://itu.edu/)
Herguan University (http://www.herguanuniversity.org/index.html)
i thought of these two colleges which were referred by someone, i assumed that, as these colleges are having so many F1 Indian students (i saw on social networking sites), these would be accredited colleges???????????????????
after seeing ur reply, I realised that there are so many ANNAMALAI universities here!!!!
Do u have any idea, where can we check these college status!!!!
the fees u were referring was for an year or per total studies?
I said for an year approx.....
tx
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funny
09-22 04:04 PM
Keep that cell phone handy and take 20 mins from your time today..
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NKR
02-18 11:32 AM
And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
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solraj
03-19 01:24 PM
Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.
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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.
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funny
10-08 03:46 PM
Good news....Very bold move by Indian Govt.
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HV000
04-15 10:20 AM
CONGRATS! One more approval from TSC.
cherupally
09-10 10:36 PM
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
GCSOON-Ihope
12-14 02:43 PM
Where can we find information for e filing EAD/AP Renewals ?
Follow this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
Follow this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
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