Sunday, June 12, 2011

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  • HumHongeKamiyab
    03-16 12:37 PM
    Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.


    expect an RFE in a month or two. Also fill in your profile to help others...





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  • bfadlia
    03-17 01:00 PM
    We had to go through the same situation. If you have registered for online notifications then you will get an email about the RFE. The actual letter reaches the lawyer around 7 days after the RFE was generated. So you have enough time to complete the medical tests once you get the RFE email and then submit the response immediately when you get the letter.
    The only thing is that USCIS sends back the original medical form along with the letter and asks the doctor to update that form.

    Hope this helps.

    Thank you so much. This is very helpful.
    Thanks to the other members who replied too..
    could you please tell me where do I sign up for those online notifications?





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  • belmontboy
    04-09 05:26 PM
    i'll kick start this thread myself :D

    i am planning to buy a house, i would appreciate if anybody can suggest some good realtors in socal?





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  • dogking
    08-14 02:56 PM
    there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
    I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.

    rb_248, after you filed the conversion how long for you to got it approved?



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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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  • gc_chahiye
    09-25 01:44 PM
    hermione,

    How to know if name check has been done. Is there a number to call to confirm NC clearance?.

    We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know

    name check is separate from the FP clearance.



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  • desibob
    06-21 01:08 PM
    Ajay,

    Any RFEs? Is so - can you give some details like what was it, when was it?

    Bob





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  • dbevis
    March 3rd, 2004, 07:22 PM
    Very cool. Gets the Vertigo award from me. That has to be the tallest spiral staircase I've ever seen. They don't design em like that much over here - probably to minimize the possibility of jumpers.



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  • GCNeophyte
    08-16 01:32 PM
    Thanks for the replies. I am going to consult with an Attorney.

    I wanted to get other valuable opinions.

    Congratulations...

    I don't think your EB2 was automatically ported. This approval is one of the USCIS's unknown GC processing strategy. I have known two cases in EB3 got approved when PD's were in "Unavailable", Yes, its for EB3-I.

    Don't think too much, have a professional advise and Enjoy your freedom.





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  • jatinr
    08-03 05:40 PM
    My I-140 is approved.

    But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?

    You are right, if you apply now, you will get 3 yr extension. The extenion is based on whether your I-140 is approved and if the visa numbers are unavailable at the time of applying for extension.



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  • mariner5555
    05-24 10:17 PM
    Hi Gurus...


    I am one of the July 2007 EAD filers and did not file for AP at that time.

    So I am in the process of the renewing EAD & Applying for AP for the first time.

    I have couple of questions..
    http://immigrationvoice.org/forum/images/icons/icon8.gif
    Angry
    do you get Finger Printing for EAD Renewal ?

    do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

    Your help is much appreciated
    this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, I sent my postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
    I had efiled mine few days before her and so
    far nothing - only soft LUD's.
    and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!
    http://immigrationvoice.org/forum/images/icons/icon8.gif
    Angry





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  • GCBoy786
    09-13 03:57 PM
    I received my receipts today... Most of your's might be on the way too...



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  • steffit
    June 16th, 2006, 10:28 AM
    Hi Antonio,
    Great stuff!!!
    I love no. 2, 3 and 4.
    2 for the dynamic composition, 3 just cracked me up because the percussion instruments are so domineering and 4 seems pure concentration. 2 and 4 could maybe be cropped slightly, but that's very minor.
    Cheers,
    Stefanie





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  • green-mile
    01-18 03:17 PM
    Hey NJBOY , here no one is against no one .....
    Planum is trying to tell you , check your facts before you post some thing (This includes your heading)...

    your heading clearly says [B]recession = 485 deny?, how does any one will assume if NJBOy says 485 what he exactly meant is labour certification.


    Before you blame some one double check your post.


    BTW , I don't think USCIS has history of denieng 485 on the grounds of recession, if any one who already crossed 180 days after filing 485 are required to show that the person is still working in the similar job..as long as person working , USCIS should be able to grant greencard, provided visa numbers availability.



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  • talash
    10-16 08:28 PM
    As for as i know they are very strict about MTR timings but if u can prove that u didnt get notice on time it may work .MTR is 580 bucks so it wouldnt hurt if u give a shot .I think if u file new labour u may loose ur old PD but im not sure about that .My 140 was denaied on A2p basis .didnt get denail notice till i mad 4 calls and asked attorney to write then but was abl to file MTR on 28th day which was sucessfull .
    good luck





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  • bikram_das_in
    04-20 09:48 AM
    Immigration reform is for all.....

    1) Path to citizenship for undocumented workers
    2) Relief to backlogged EB/FB immigration - pork for us
    3) Foolproof border security and enforcement of immigration law - pork for Antis

    So it's a win win for everybody. We should support this march and show our solidarity to CIR.



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  • sk.aggarwal
    03-19 01:50 PM
    Still waiting for PWD. My 6th year on H1 including recapture time will end on May 1st 2011. I dont think I will be able to file perm before May.





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  • talash
    10-16 08:30 PM
    I had also gone to local centre with info pass to buy some more time to reply MTR coz i didnt have enough evidence to prove A2P .they told me file within 30 days with what ever i have as tell them that u got notice on 28th day n buy more time .But advice was to file within 30 days .





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  • pmlboy
    05-01 04:57 PM
    Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?

    Thanks.





    MYGC2008
    07-19 09:17 AM
    07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

    As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.





    shirish
    09-17 02:53 PM
    Bump
    Any one who did not send the medicals with the I-485 application, got RFE yet?



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