saajed
11-16 09:54 AM
Thanks all for the advice.
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EB-VoiceImmigration
07-31 06:34 PM
Great news :eek: This is what we are looking for...
I dont know how to thank USCIS for this.
I dont know how to thank USCIS for this.
shantanup
04-08 12:17 PM
This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
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tnite
07-19 10:18 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
more...
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.
xela
11-19 06:27 PM
No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.
Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
Fear drives people to find a black sheep but let us not jump in there too and start hating...
Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:
Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
Fear drives people to find a black sheep but let us not jump in there too and start hating...
Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:
more...
hoolahoous
10-28 01:26 PM
This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?
since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?
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sanjay
04-04 11:37 AM
For my son PIO ( applied in Chicago ) took 17 days to be delivered at my home address. I went to Indian Consulate in Chicago and asked them which way should I go. Visa or PIO and they told me to go for PIO as it is for 10 years and also had very less paper work involved.
If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.
If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.
more...
shana04
02-28 01:14 PM
the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.
Chandu,
When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.
Good luck.
Chandu,
When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.
Good luck.
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walking_dude
12-05 02:10 PM
I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
more...
yomaan
08-21 01:31 PM
troll alert
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singhsa3
02-28 10:20 AM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
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kosu
05-11 11:25 PM
At last, I received my approval on May 8th 2008. What a relief. I have learned a lot from this fourm. Thanks a lot guys.
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LostInGCProcess
10-24 01:18 PM
Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
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chadoubra
06-21 01:38 PM
i'm going to make an appointment at the local USCIS office and see if they can help. if they can't, i'll apply for the I-539 straight away. thanks!
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optimystic
09-10 04:43 PM
Glad you liked my thoughts. Just felt this might be a novel and practical campaign rather than doing flowers again or something else.
I think IV can even have such cubes available as IV merchandice and people can donate via a 'Send a F cube to USCIS' button probably !
<< BEGIN: Shameless request :
If you liked my ideas please give me some green dots so I could become eligible for IV chat. :)
END : Shameless request >>
I think IV can even have such cubes available as IV merchandice and people can donate via a 'Send a F cube to USCIS' button probably !
<< BEGIN: Shameless request :
If you liked my ideas please give me some green dots so I could become eligible for IV chat. :)
END : Shameless request >>
more...
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bigboy007
07-10 07:13 AM
The only advantage now is if lawsuit wins then people who has submitted will be better position but i dont recommend submitting now as the current situations will help if at all it is , for who applied before July 2.
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MAC
March 29th, 2004, 05:23 PM
I'm sure a lot of folks are pretty bored with basketball by now, but I kinda like this one from tonight. Don't worry, if Indiana goes to the Finals (which there is a very good chance they will, we only have until June. :)
http://www.dphoto.us/forumphotos/data/543/1miami1.jpg
Outstanding! Hope they make it! I'll be off-line a bit!
Later,
MAC
http://www.dphoto.us/forumphotos/data/543/1miami1.jpg
Outstanding! Hope they make it! I'll be off-line a bit!
Later,
MAC