Sunday, June 26, 2011

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  • ekkatip
    10-15 12:25 PM
    SR --> Service request




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  • vishwak
    08-20 02:23 PM
    goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.

    If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010


    See my point?

    Btw this just came out I think yesterday.

    YOU NEED TO PAY FEE BEFORE SEP 1ST. SO GO TO SOCTIA BANK BEFORE 32-AUG AND PYA FEE. Take the Receipt with you when you attend interview.
    Thats the mean I get.




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  • garamchai2go
    12-19 10:30 AM
    Do we have to carry all the Tax filing papers or just W2 is good enough?
    I am planning to go for stamping in Jan. Thanks in advance for the input.

    In my case they did not ask me any documents. They asked me about GC when applied, when I am travelling, etc., and that's all. It took less than 1 minute.

    I carried W-2 of last few years and last 2 pay-slips. Check consulate or vfs website and you might get pointers or mandatory docs. I recommend, take everything you have..just in case..




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  • skv
    07-05 03:57 PM
    It's unfortunate, but that's the reality. History says that "British took advantage of divide and rule concept in India during their rule." If the empherors/kings/people were united, that wouldn't have possible for the British.

    I know their are few people really good, but the numbers aren't good enough. Hope and wish the coming generation wil, change the history. :-)


    Sorry for the typo, I was typing really fast. I meant "I know there are"



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  • lazycis
    01-04 02:15 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=71d9903772614512bc3881aaefb1d 8d8

    10.11 Order of Processing.

    (a) Routine and Expedited Cases . Generally, applications and petitions should be processed in the order in which they are received. Exceptions can, and should, be made for a number of different reasons, and sometimes those reasons may appear to conflict with one another.




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  • shreekhand
    07-16 03:01 PM
    BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.

    see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    So there is now a choice till July 30 for everybody's kind information!



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  • uslegals
    11-04 11:30 AM
    Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).

    I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.

    Would appreciate any advice i can get. Thank you!




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  • gcdreamer05
    08-04 10:49 AM
    How about some green dots guys for sharing such a inspirational story...

    Good Story will really be given a green, here you go green from me !!!!



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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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  • sk.aggarwal
    03-19 03:28 PM
    Thank you for your quick response Attorney Ruben.
    Is there a way to avoid this step or get PWD from some other source?



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  • marlo
    07-18 12:24 AM
    This is totally a lawyer matter. Do not rely on any forum for this.




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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!



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  • prasadn
    04-20 02:34 PM
    Since we got conflicting/confusing answers we went to San Diego, parked our car at the border, walked across the border and walked back in with a new I-94. It was an easy process and took about an hour.




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  • gccube
    06-01 03:23 PM
    Because the PDs are valid for the whole month I guess the date of filing should not matter it as long as it is before 30th June, I think.

    Do you think it does affect us in some way?



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  • BharatPremi
    03-13 11:25 AM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.

    Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.




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  • GKBest
    07-14 01:45 PM
    I too am surprised to see Philippines being on top of the GC Allocation when in fact only a few are applying for skilled categories in comparison to India and China. What you said about the Schedule A (nurses) now made sense.



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  • FinalGC
    08-04 09:25 AM
    Great idea




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  • gc_on_demand
    08-05 04:34 PM
    If you start now and if get ur labor in 2-3 months chances are good for Eb2 that dates will be close to current by end of next year. So u can have EAD.

    If congress passes HR 5882 then Eb3 should be current. Depends on company I 140 is not taking more than 1 year average for non concurrent filling.

    Assuming some relief to EB community Eb2 will take 2-2.5 years and Eb3 may take upto 4 years. Everything is based on assumption here.

    To get GC you need to be in line sooner or later then why not now..




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  • orion
    11-07 05:01 PM
    Yes i had also applied OCI for my child about 6 months back and was denied since we parents hold indian citizenship. Does anybody know that registering every 6 months is a must ? Some of my friends have permanentely gone back to India i am not sure what they are doing though since there kids hold US Citizenship. Any infomation on this will be helpful.

    - A child under age 16 (with any visa, including PIO) don't need to register with FRRO. But many Indian immigration officials conveniently forget this and harass you. So you better take a print out from official Indian Government website.
    - PIO card holder needs to register with FRRO when the stay exceeds 6 months for the first time and that registration is valid until PIO expires. PIO is valid for 15 years, so you will register once in 15 years at the most.

    Google for references. If you don't find it, I will look up and post it.




    Sakthisagar
    11-17 10:09 AM
    it means playing politics... just showing the grass infront of the Cows .. saying something lipservice to satisfy the audience... KULFI is kind of Pot icecream ( I do not know pot icecream is the exact translation!)

    Hope this helps




    Gravitation
    06-15 12:41 PM
    I have edited the poll to add that option. Literally.

    Thanks Logiclife!



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