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  • dvb123
    12-03 07:48 AM
    10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations

    When the permanent labor certification system used DOT system, there were a number of IT occupations that fell under SVP 8. When the DOL changed the permanent labor certification system, it abandoned DOT system which focused on SVP concept. Since then OFLC has been using O*Net Job Zone concept and applied Job Zone 4 as equivalent to SVP 7 that can require from two years to maximum four years of preparation time (education, training, and experience). The Job Zone 5 is practically equivalent to SVP 8 that can require from four years to 10 years of preparation time (education, training, and experience). During the DOT era which ended on March 27, 2005, some IT occupations fell under SVP 7 and some IT occupations fell under SVP 8. Accordingly, EB-2 labor certifications for IT occupations were filed and approved when the occupations fell under SVP 8. Software Engineer, DBA, Science/Engineering Application Programmer, etc. illustrate these IT occupations.
    When the O*Net Job Zones replaced the DOT, the system downgraded all the IT occupations into Job Zone 4 except Computer Information and System Manager occupation (IT Manager) which remained at Job Zone 5. Since all the IT occupations other than IT manager belonged to the Job Zone 4, had the DOL strictly adhered to Job Zone system as they interpreted, any applications for IT occupations that required more than a bachelor's degree plus two years of experience should have faced a business necessity challenge and denials in most of such applications. However, from March 28, 2005 until June 2007, the DOL de facto adhered to their previous practice under the DOT system and most of the EB-2 IT occupations such as Software Engineer, DBA, etc., which belonged to SVP 8 under DOT system, have been approved without much challenge.
    The landscape changed beginning from July 2007 when they started focusing on the integrity of labor certification system. The agency started challenging such EB-2 requirement even for the SVP 8 IT occupations under DOT if it belonged to the Job Zone 4. The challenge took a form of "audit." Such EB-2 requirements have faced a massive challenge and audits. However, the former SVP 8 IT cases have been approved after the audits in a large number of cases. This practice is expected to change once the new form ETA 9089 PERM application program is launched next year since the new form will automatically consider such EB-2 requirement for IT occupations as the business necessity cases for exceeding the Job Zone 4 requirement. Initinally, DOL was scheduled to launch the new ETA 9089 form beginning from January 1, 2009, but luckily they pushed off the starting date to late Spring of 2009. That was a good news.
    Bad news is a further change in O*Net Job Zone for IT manager occupations. They just changed the O*Net data into version 13.0 which down graded IT manager job zone from 5 to 4! The last vestige of Job Zone 5 in IT occupations has been cruelly crushed to death. Since EB-2 occupation must require either a master's degree or Bachelor's degree plus five years of progressive experience, now all the IT occupations exceed the Job Zone 4 allowed preparation time. We will have to wait and see how this change in Job Zone for IT manager occupation will be managed in actual adjudication of PERM applications hereon, but it is certainly not a positive news.
    The recent downgrading of professional occupations from Job Zone 5 to Job 4 does not end with the IT occupations. There are a number of professional occupations that have been downgraded practically to nonprofessional occupations in some cases. Company General Manager is downgraded to Job Zone 3!! Employers who start PERM recruitment should review the attached Job Zone changes and seek legal advice. Believe me, there are a lot of surprises.





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  • pappu
    01-27 02:16 PM
    Can this bill come out of the black hole of the committee? Most immmigration related bills never see daylight :(

    How many times have you met your lawmaker offices in person in the last 1 year asking for a bill?

    If your answer is zero or 1, then that is the reason no bill never sees light of the day.
    If our community does not go out and meet lawmakers, their plight will stay buried inside the forum threads.





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  • fide_champ
    10-15 09:35 AM
    So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    So I am in some real mess ....

    I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)

    I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.

    Now my wife and I have reconciled and I want to bring her to US.

    Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.

    I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.

    Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.

    Please help , I am very desperate.

    Do not give up your green card. You must explore all options before doing that. Your best chance will be to get her here on a F-1 visa. If she is qualified, H1-B is appropriate but these days it's not easy to get H1-B. As far as i know, once your green card is approved you may not be able to add your spouse. Anyways, it would be best to consult an attorney like murthy and if possible use their services. They know the rules and most probably USCIS knows murthy too.





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  • permfiling
    12-11 04:00 PM
    I did not like the idea of getting a red dot inspite of contributing $500 to IV. This is not a good idea of IV to flag members. I will take this up with my state chapter.

    Member of North California



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  • nozerd
    08-11 10:25 AM
    Is there anyone on the forum who is currently doing a daily commute between Canada & US in general, or Windsor and Detroit in particular ?

    Can you please share your experiences ? Good or Bad

    What are the frustrations,hassles, issues in doing this.
    I have heard that during work commute hours the cars kleep moving fast and officials doint delay if you have proper papers, but on weekends its a nightmare (so wont affect us).
    Any real experiences you can share will be appreciated.

    Also p[pl from Detroit, MI can you share info on your city. Major employers, good areas to visit/live, desi life and culture etc.

    Thanks





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  • thepaew
    02-19 01:42 PM
    I wouldn't want Laloo to get his paws on my money. It is better in a Swiss account. :-)

    THIS IS INDIA AND INDIANS
    LOOK WHERE OUR MONEY IS GOING????
    Revelation on Swiss Bank Accounts "who can save india no one knows where tax payer money is going " Revelation on Swiss Bank Accounts



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  • shana04
    11-28 08:16 PM
    Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)

    It has been a very long journey!!!

    Now, enjoy your freedom.

    Congratulations!





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  • nk2006
    09-22 02:37 PM
    I called all reps but still dont see any news related to schedule on calendar. Tried diff browser and cleard cache.

    It is there on house judiciary committee page - its the first item. Scheduled for 1PM - one of the bills is HR5882.



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  • vaishnavilakshmi
    07-10 08:52 PM
    Following intresting info is listed on the immigration-law, wish it is true :)

    "There has been going around a rumor lately that the USCIS was internally discussing retreat from the 485 rejection decision. It appears that this rumor probably started from the USCIS HQ order over the Texas Service Center to hold all the July 2007 EB-485 applications abeyanbce and not to return the applications to applicants. Unconfirmed sources indicate that because of the order, the Texas Service Center is not returning the EB-485 applications which have been received since July 2, 2007. However, there is no evidence that the decision is necessarily related to its potential decision to withdraw the rejection decision. At this point, its reasons are completion unknown. Please stay tuned. "

    Hi,

    If it is going to be true,then that is the most happiest news for everyone over here!Hope this happens!!!

    Vaishu





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  • nlssubbu
    02-08 02:34 PM
    I was in your situation during my GC process. I was in EB3 queue going nowhere, but waited for couple of years. When my division sold out to a new company, I was promoted and with the new job, I could qualify for EB2. I then port it from EB3 to EB2 and with the wait really proved to be fruitful.

    GC journey has lot of ups and downs like any journey in life need not get frustrated regarding this. Find various other avenues and ways to get over with it!

    Thanks



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  • LostInGCProcess
    10-01 05:00 PM
    I came back via Frankfurt last month. AP no prob. But be aware of Lufthansa. It was worst trip of my life. Bugger airline had cancelled flight from FRA to Mumbai without notifying. They gave me two options after I landed at FRA. 1. Wait at airport for 27 HOURS for next days flight (as they don't give Indians visa @ airport for hotel stay) or 2. Wait for another 6 hours at airport, then take flight from FRA to zurich, wait at zurich for 3 hrs, then zurich to Dubai, wait at dubai for 3 hrs and then dubai to Mumbai. Unwillingly I had to accept 2nd option.
    Staff is damn rude, had to wait in long line for 3 hours to talk to cust service.
    Never in my life will I travel with Lufthansa :mad: :mad: :mad:

    That's terrible and it could happen to anybody and I can imagine how helpless we feel at that time. I have utter contempt for those airlines. Please send emails to as many as possible to the airline and highlight your plight. Whether they hear it or not, they should know at least how you were mistreated.





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  • Pagal
    03-22 09:51 AM
    Hello,

    So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.

    He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.

    I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.



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  • krishnam70
    04-14 11:47 AM
    I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!

    receipt Number: SRC07******

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    - cheers
    kris





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  • ahmed
    12-30 03:16 PM
    i voted for soul... it's amazing=)



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  • Steve Mitchell
    June 4th, 2004, 01:55 PM
    Let me preface this by stating that I have not yet shot with a D70, however I have heard very good things about it...particularly for it's price. IMHO, the best test of a camera is done in the field. By in "in the field", I mean does it allow you to do what you want it to do. A DSLR has a learning curve if you're coming from a P&S. Once you begin to master a DSLR, theimage quality bill be much better, and you also have much greater ability for creativity. If you want a D70, I'd take the info you've read regarding various issues with a grain of salt. Buy one from a reputable dealer that allows returns if it does'nt meet your expectations.
    After deciding to buy the Nikon D70 I began to read a number of posts to the pReview forum that had D70 owners citing backfocusing problems with their new D70s. All resorted to sending their cameras to the Nikon Service Center for repair. All reported at least some measure of correction but some indicated they could not achieve precise focus within the DOF for each of the Nikon compatible lenses they owned and are useable with the D70.

    I own two Sonys (the F707 and the V1). Both, in my view achieve remarkable clarity, color and brightness right out of the box. AF on both is, again in my view, is extraordinary. So, I would be very disappointed if I were to spend 1500 or more bucks (with some accessories) to arrive at inferior imagery.

    It is possible what I am reading is the view of purists who are able to "see" focus flaws that the more casual, but still demanding, amateur photogs would dismiss?

    Has anyone out there had experience with the backfocusing problem to which I refer?





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  • gsc999
    05-26 11:33 AM
    Here is my guess on who will be in Conference from Senate side.

    Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold

    ---
    See below for Frist's ( Rep. Senate leader) comment:

    Frist said the Senate will send 14 Republicans and 12 Democrats to negotiate with the House, with seven of the Republicans and five Democrats coming from the Judiciary Committee. The remaining seven Republicans will be chosen by Frist and remaining seven Democrats chosen by Reid.

    At least one oppoenent of the compromise measure, Sen. John Cornyn, R-Texas, will be among the remaining seven Republicans appointed to the committee, spokesman Don Stewart said.



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  • amitjoey
    07-18 02:51 PM
    If you are talking about the discussion. then am referring to the items and not the discussions.Have I missed these items some where that are like the above. Then we are good to go. Can you let me know if the action items already there tries to encompass all thes issues and possible solutions. Ofcourse I know every one is talking and discussing but didn't see a concrete list except a description on the front page saying we are fighting for the cause of GC aspirants and some smaller descriptions.


    http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47

    Mission Statement
    The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority





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  • immivjj
    10-03 02:29 PM
    Hi Ultimo,

    Thanks for your quick reply. When i goto USCIS wbesite, and enter the receipt #, it still shows me the date they sent the FP notice. Am i looking at thr wrong place? please let me know.





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  • logiclife
    11-12 07:38 PM
    You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.

    Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.

    Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.

    Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”

    Geez...you cant even abandon this country in peace. Even after you give up on your greencard process and relocate your life to another country, there is still a complicated mess of paperwork to be done - mail I-94 here, fill this form, fill that form, prove that you didnt overstay your stay, this whole new thing about Kentucky where I-94 needs to be mailed, and worst case, you have to come back again and take a plane just so someone would collect this stupid little piece of 3rd grade recycled paper card called the I-94 ? WTF ?

    I'd be mad at this process and if I was leaving this country for good, and if they told me that I have to take a airline flight just so the might lords of CBP would be kind enough to collect my I-94 that they wont collect on the land border on highway, then I would not go thru that maze and mail that I-94 to Kentucky or wherever the hell is that place and leave it be.





    apahilaj
    08-22 08:41 AM
    It seems like except for one or two people here, individuals who have applied directly at TSC on 2nd July are getting their checks cashed/receipts this week.

    It would be helpful to know if they are done with the transfer of 2nd July cases from NSC to TSC; if so, when and based on that, we can make some educated estimates.





    marty
    03-16 06:32 PM
    "One additional reason for making sure that you have a valid EAD at all times is so that you can claim unemployment benefits in the event you lose your job. H nonimmigrants do not qualify for unemployment insurance. If you have an EAD, however, and can be referred out for job interviews, you do qualify for UI, even if you don't yet have your green card."

    The above is quite interesting. I saw people who were laid off and had question about applying for UI if they are on EAD and this answer explains it really well.



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