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  • Voters: 89
    freeskier89

    Suspicious. :P

    Anyways, yay. haha!! This poll was rigged from the start! :P Just kidding of course. Congrats everyone





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  • Its been 2 weeks that I have received my receipts for 485,765,131 from NSC. Thanks

    ihabosman and MUKRAW6,

    Do any of you guys have a TSC approved I140??????????????

    THANKSSSSSSSSSS for your REPLY





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  • Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!

    FEEL THE FORCE obiwan!! :D:D:D:D:D

    Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA

    Oh, ISO 6---> buy ND filters!

    Scott

    I am trying to convince myself Canon will sell the 1Ds for $5,500 on April 1, throwing in a free 24-70/2.8L, in order to compete against the revived (and proven by then) all mighty King of the Hills Kodak DSC PRO SLR/n. LOL.

    Steven





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  • I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?





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  • When she was 19, I applied for her on behalf of me.
    She was my dependent.





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  • "Service Center Processing Dates for Texas Service Center as of: August 31, 2008 " :confused::mad:





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  • How can we be sure unless we ask them?

    Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?

    Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.

    I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
    Thanks.





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  • We hear a lot about good credit.. but not a very good understanding of what it means

    So is a score 670 considered to be good one? How much approx.. would be mortgage/month for $300K house. Ofcourse there are many factors but just to get a ball park free..





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  • REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......





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  • Plase make those Calls...





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  • I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

    We Canucks are not on the "out" list.





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  • Hey Guys, count me in too





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  • I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.

    This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.

    I maybe wrong, but the trend suggests what I have mentioned.





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  • RD Texas: 3rd Aug
    AP - Case pending
    FP- Not Received
    EAD - Card Prod. ordered





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  • tpcool,

    I am not familiar with ur line of work. I am into manufacturing.I used my AC21 and working on EAD now.

    You can invoke AC21 and work either on h1b(provided newcompany transfers) or EAD. It is highly advisable NOT to port on a pending I-140.

    Hope this helps.





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  • Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.

    Incorrect!

    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • I really like The Swarm :thumb2:





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  • 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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  • Hi Friends,

    While filing I 131, I came across this information

    "{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    A. You are in one of the following nonimmigrant categories:

    1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
    2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
    3. A K-3, spouse, or K-4, child of a U.S. citizen; or
    4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"

    My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..

    Should I get H1B stamped in Mexico / Canada / India

    OR

    Should I apply for AP.

    I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.

    I don't know what to do. Any help pls..

    Thanks

    Omved

    1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
    H1b 7th year in extension
    EB 2 - PD April 06





    Here is the post from immigrationpotal stating the final verdict of IV. I think it might be true. Look at the post by NYC8300.
    http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
    Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.





    Some loser gave me red with the following message.
    Don't keep posting same message.

    Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
    So do your part & call.

    Ignore them. Someone gave me red with following comment:
    "not funny but silly "

    These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.



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