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  • copsmart
    02-05 05:48 PM
    This is my Attorney’s take on “same or similar job”:

    Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.

    I also asked him about Location and Salary requirements. This what he said…

    Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.

    So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.





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  • anilvt
    08-13 09:10 PM
    IO told me in infopass that she can't tell me about my name check and don't worry about it since 180 day rule applies ,....i guess she had good knowledge of the rule





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  • prdgl
    02-12 10:27 PM
    Thanks a lot.

    The reason is I cannot show my 2.5 yrs of experience which i have with my current employer who is filing my LC. I am desperately trying to show MS+x yrs of experience so that its easy to get through

    Thanks





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  • klpd4dc
    08-20 01:44 PM
    All,

    I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with USCIS A# A08xxxxxxx. I wonder if this means that a visa number has been assigned to my case. If not, is it merely another case or alien number? I found the following at http://www.kkeane.com/general-faq.shtml and am not sure what the A# stands for. Also, any idea why the priority date field is empty on my FP notice?

    <QUOTE>
    There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.

    Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
    </QUOTE>

    My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.



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  • guidance
    02-25 11:46 AM
    I am in same boat.

    I have asked my attorney and she said, they will be going for COS from H1B to H4 and will produce leave of absence from OCT1, 2008 till date(no pay-stubs) and H4 will be based on my husbands H1b status and will produce his paystub and not mone.
    Does it look right option?





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  • desi485
    02-25 05:39 PM
    The title of this thread should be: "God of Cricket".

    Don't believe me... Just Google (http://www.google.com/search?hl=en&source=hp&q=God+of+Cricket&aq=f&aqi=g1g-m2&aql=&oq=) with these words.:)

    "Former England skipper Nasser Hussain said the knock - the first-ever 200 in the 50-over game - should settle the debate on who is the greatest of all time, Tendulkar or Don Bradman.

    "I have never liked comparisons between great players, but after Wednesday's incredible game it must be said Sachin Tendulkar is the greatest of all time," Hussain wrote in Daily Mail."

    I think that 'Sir Don Bradman' should be called Australia's 'Sachin Tendulkar' :rolleyes:



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  • ysramu
    03-31 02:09 PM
    previously when entering on AP, they used to ask for receipt of 485.
    so main proof they look for is a valid 'inprogress' 485 appln.

    i dont think theyll ask ur wife to show her EAD card at the port of entry.

    to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.

    having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.

    this shud be an easy qn for ur attorney.

    Thank you for the response. I asked my Attorney all but my change of employment, since he represents my employer, and I still haven't decided on my new employer, little cautious this time.





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  • mchundi
    12-17 10:54 PM
    Can any senior Guy/Guru confirm this...

    "USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
    I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.



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  • gc_buddy
    09-12 09:54 AM
    I believe the consulates aborad depend on the information on the internet.

    Some times they try to verify the information of the company such as the kind of business the company is into that the applicant is talking by doing a google search. It happened at one of my interviews..

    They do all on the fly when the interview is happening. I could see the interviewer typing Google and then the name of the company..



    I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

    RFEs or Denials May Not Be Based on Wikipedia Information

    The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

    It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

    Link http://www.murthy.com/bulletin.html





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  • pappu
    09-03 08:29 AM
    Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.
    http://immigrationvoice.org/forum/showthread.php?t=1566&page=2


    pls. also send webfaxes if you have not sent one

    http://www.immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46



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  • john2255
    07-21 08:32 AM
    What you should do immediately.

    If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.

    SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],

    COSPONSORS(6):

    Sen Enzi, Michael B. [WY]
    Sen Gregg, Judd [NH]
    Sen Smith, Gordon H. [OR]
    Sen Sununu, John E. [NH]
    Sen Coleman, Norm [MN]
    Sen Voinovich, George V. [OH]

    If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.

    If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).

    http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    Grouped by Home State

    Alabama: (R-AL), Nay Shelby (R-AL), Yea
    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
    California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
    Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
    Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
    Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
    Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
    Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
    Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
    Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
    Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
    Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
    Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea





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  • caforum2
    12-15 11:40 AM
    I strongly disagree with previous comment. CA is though certification, it has course work which can be claimed as Masters degree (or advanced degree). I am a CA but even have Master degree got GC under EB2. But I know atleast one more person who is CA but without Master degree got GC under EB2. You need to get education evaluation done such a way that you qualify as done course work equivalent to Master degree. Good Luck

    I am courious why you want to qualify for EB2, EB3 has later date than EB2.



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  • windycloud
    09-29 04:05 PM
    EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/

    Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
    Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.





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  • sanju_dba
    12-21 12:36 PM
    Hi,

    In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?

    Regards,
    My understanding is you can setup business even with your H1 status, and has no dependency on 485.



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  • atlfp
    04-08 02:44 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.


    Atlfp,

    I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.

    Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.

    So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.

    Will keep members posted on this.

    best,
    Berkeleybee





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  • aksaharan
    08-07 08:18 PM
    > Immigrants from ROW (Rest Of World) seem to be immune from it
    Certainly not true for EB3



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  • Caliber
    09-02 11:00 AM
    Yes lot of EB3 approvals for many in their SWEET DREAMS.. yesterday night...:)

    Dear Saralayar,

    I envy you.... for getting sweet dreams.

    I am withdrawn....defeated...so will get only bad dreams..

    Good luck





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  • detroit2009
    07-10 06:05 PM
    Thanks for the reply. Let me explain my case more clearly. Assume that I work at MEIJER/WALMART as 'cashier' in Detroit on H1B and because the store is unable to give enough hours, I find a contingent position in another MEIJER/WALMART as Cashier may be in another city.

    When I received my H1B it was issued to MEIJER at its headoffice address and not at a particular facility


    Please advice





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  • ItIsNotFunny
    04-17 09:01 PM
    the problem is if it works

    Me too! But this can only happen in dreams :p





    chanduv23
    09-14 11:46 AM
    IF YOU STILL NOT ABLE TO DECIDE FOR NO REASON -

    DEAR FRIENDS - LYING LOW AND HOPING FOR SITUATIONS TO IMPROVE HAVE NEVER WORKED.

    POLICIES CHANGES CAN HAPPEN ONLY IF YOU WANT TO MAKE THEM HAPPEN

    REMEMBER - WE ARE ALL HERE WORKING HARD AND CONTRIBUTING TO THE COUNTRY. WE DEFINITELY NEED FAIRNESS IN THE PROCESS AND THATS WHY ARE ARE STANDING UP FOR OURSELVES.

    IF WE DONT DO WHAT WE AARE DDOING

    (1) LOU DOBBS WILL LABEL US AS LABOURERS FROM THIRD WORLD COUNTRY
    (2) WE CONTINUE TO HIDE BEHIND CLOSETS AND THE NATION WOOULD NEVER KNOW THAT WE EXIST THOUGH WE CONTRIBUTE
    (3) ANTI IMMIGRANTS WILL THINK THAT WE DO NOT HAVE COOPERAATION AND WILL INFLUENCE POLICY DECISIONS - THE JULY FIASCO IS AN EXAMPLE
    (4) EMPLOYERS WILL CONTINUE TO GOUGE VISAS AND BRAIN DRAAIN WILL CONTINUE
    (5) JOBS WILL MOVE OUT OF THE US

    DO WE STILL WANT TO BE LIKE THAT?

    LETS ALL STAND UP FOR OURSELVES.

    LETS ALL SHOW OUR FACES IN DC.

    LETS ALL UNITE FOR A CAUSE.

    YOU - YES YOU CHANGE YOUR STANCE, AND FOLLOW YOUR HEART.





    thomachan72
    09-04 08:46 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.
    Did you leave the country on your own will or were you let go by the employer? Just curious. Hope things work out.



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