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  • PavanV
    11-19 07:39 PM
    The OP poster was not scorning against the average american, I think you are mixing two issues up, I am sure he has done his share of charity work, and he probably sympathizes with families who don't have a job, I don't think you can direct your anger against him.

    This is a capitalistic society not a communist or a socialist society, the market will/should balance itself out, new industries come up, people get hired, if the attitude of the people is protectionist, which it is, it stifles innovation and growth, which in turns stifles the growth of new companies, which in turn would have helped the folks laid off get a job. Being emotional is OK, but one must be pragmatic. That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
    May there be peace (Om shanti Om)

    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:

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  • rkg000
    05-12 04:47 PM
    Fall1998, I am still waiting. I am a July 2007 filer. Don't worry you have company. If you are current in May, then one thing you can be sure of is that you'll be current from here on :).

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  • webm
    12-15 08:55 PM
    I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....

    I thought you got second FP i got your point..that you have received FP notice with some sort of stamp after your FP was done..but I dont think they sent this type of notice to everyone/rarely..

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  • neoklaus
    11-01 01:44 PM

    NSC ( I 485, EAD, AP)
    Receipt: Aug.16
    RN: Oct.1

    FP(notice): Oct.22
    FP: Nov.9

    EAD: me+child:Oct.24
    wife- not yet

    AP: nothing


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  • munnu77
    04-29 08:44 PM

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  • kanta80
    04-03 11:20 AM
    Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

    If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

    You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

    There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.


    Now my situaion is: I have the receipt for H4 status change from F1, my employer has applied for my H1B in premium processing today (Apr 3), so that means I would be getting the H1B approval hopefully by the third week of April but in my understanding the I-94 for H1B will be valid from October 1 only while my H4 I-94 will be valid right after I get the approval (probably sometime in May).

    In this case, do I still have to go back in my country to validate my H1B I-94 given that H1B is valid from Oct 1?

    Please suggest me. I am getting really tensed.

    Thank you.


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  • prabasiodia
    08-01 11:13 AM
    All they need to do is add "text message" functionality and a new Cascaded Style Sheet.
    I sincerely hope that's not the case though. :rolleyes:

    If you look at the new features list:
    A customer-centric home page that provides applicants with a “one-stop shop” of immigration services information.

    Simplified navigation and improved search capability.

    Enhanced customer service tools including expanded Case Status Online with both email and text functionality.

    Information that is written clearly and meets the needs of our customers.

    It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!

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  • Phat7
    10-07 12:51 AM
    :( that's bad... I confess I voted for myself yesterday, just couldn't resist the mischievous evil inside :evil: I can't change my vote can I? We can count one off me and I give my vote to Coppertop. ;)

    If you disqualify me I will totally understand. :sigh:


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  • Mr. Brown
    09-30 05:53 PM
    ... there are always idiots in any group.

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  • chanduv23
    12-24 09:50 PM
    There won't be chat on Thursday, 25th, December 2008 as it is Christmas.


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  • Berkeleybee
    05-31 01:31 PM
    Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.

    Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)

    But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.

    What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.


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  • neelu
    12-28 08:48 AM
    Thank you everyone for the reply.

    Thanks for joining, IV.

    We need more membership. Kindly help IV by introducing ONE member.
    And this request is to everyone - Please help add ONE member to IV by dec 31st.

    Thank you.


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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 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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  • InTheMoment
    04-28 01:04 PM
    ....and that is precisely what happened when thousands of "pending demand" GC's were issued in June 2007 and the early hours of July 2nd, just before the fiasco.

    Pre-adjudication as a policy started in early 2006 especially at the NSC resulting in tons of "pending demand" cases just before the fiasco.

    Coming to the present time, with several receiving RFE's when their PD's are not current, I would suspect that many would en-masse get their GC when DoS moves the dates forward substantially compared to now.


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  • willwin
    04-05 09:16 AM
    How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds

    Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.

    Perhaps, the attorney team here on this forum can help us understand how this works.

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  • vxb2004
    04-28 08:23 PM
    have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.

    I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!


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  • tpcool
    05-31 05:21 PM

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this

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  • manderson
    01-19 07:41 AM
    Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?

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  • looivy
    07-17 01:34 AM
    I can re-apply, but my 485 is already approved on July 8th!

    Sorry to hear that. What does your lawyer have to say?

    Also, why did they not inform you until now. You must have filed hers around Feb 2005.

    05-14 04:40 PM
    Thanks for the update and we are still here to support the efforts of IV.

    10-24 11:19 AM
    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....

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