Ramba
11-21 05:14 PM
Ramba, what are different levels? example, I found something similar on flc data center website. How can I know which level I am in to?
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year
Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.
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desi3933
03-04 01:17 PM
From what I know TN visa is not dual intent like H1B.
This is correct.
So you can't continue processing your GC when holding a TN visa.
This is NOT correct.
I-140 Filing Not Dispositive for TN - NAFTA TN Lawyer - Brian D. Zuccaro - Buffalo, NY (http://www.naftatnlawyer.com/i-140-filing-not-dispositive-f/)
[From the link]
The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay if the alien�s intent is to remain in the United States temporarily.
_______________________
Not a legal advice.
US citizen of Indian origin
This is correct.
So you can't continue processing your GC when holding a TN visa.
This is NOT correct.
I-140 Filing Not Dispositive for TN - NAFTA TN Lawyer - Brian D. Zuccaro - Buffalo, NY (http://www.naftatnlawyer.com/i-140-filing-not-dispositive-f/)
[From the link]
The fact that an alien is the beneficiary of an approved I-140 petition may not be, in and of itself, a reason to deny an application for admission, readmission, or extension of stay if the alien�s intent is to remain in the United States temporarily.
_______________________
Not a legal advice.
US citizen of Indian origin
akr_roy
07-19 05:56 PM
The point is that to lobby for keeping the spouse out of the "VISA NUMBERS CURRENT" constrain may not be politically hot as it becomes a very compulsive and humanitarian issue. There is expected to be less resistance and public support as its a family issue. Success may be relatively easy and hence its a ponderable issue.
That does not mean that IV should stop considering any other topic.:)
That does not mean that IV should stop considering any other topic.:)
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srikondoji
06-16 01:18 PM
eb3_nepa,
Multi national aspect of IV team should come up on its own without anyone of us forcing it that way. One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
Again we should also be concerned about how we are interfacing the outside world. At this point in time we should be result focused than process focused.
thanks
sri
Multi national aspect of IV team should come up on its own without anyone of us forcing it that way. One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
Again we should also be concerned about how we are interfacing the outside world. At this point in time we should be result focused than process focused.
thanks
sri
more...
champu
02-11 01:49 PM
My client is offering me a Project Manager position while my GC application is for Software Engineer.
Is it okay to take such a position?
How good match should be Job Profile match?
Please share your knowledge and experience.
Is it okay to take such a position?
How good match should be Job Profile match?
Please share your knowledge and experience.
samirpatel08
08-03 11:19 PM
I just started this thread to learn how other members are considering option to transfer EB3 case to EB2.
- Please let us know,
- Is it worth trying?
- Is there any issue if you have tried? Success or failure.
- If you got success, let everyone know.
Thanks,
Samir.
- Please let us know,
- Is it worth trying?
- Is there any issue if you have tried? Success or failure.
- If you got success, let everyone know.
Thanks,
Samir.
more...
coopheal
03-24 05:38 PM
I have recently moved out of state and started on a different job. I updated my address with USCIS online last week. I just got a email from CRIS for RFE. I have I-140 has been approved since 2004 and applied for I-485 in July 07. My lawyer is from Frogman firm. This was the firm used by my GC sponsor employer. My new position is slight different from Software Developer to Lead System Analyst. I think this should be covered with same or similar clause.
If you have prior experience please let me what to expect and do any preparation now itself.
If you have prior experience please let me what to expect and do any preparation now itself.
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nk2006
10-09 04:00 PM
As far as H-1, I don't understand: wont you need an H-1 transfer from your new employer, in that case the 3 yr extension will come from him, so it shouldnt matter if your old employer revokes I-140, since anyway you are planning to restart gc process.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
more...
nomi
12-11 02:14 PM
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong
I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.
what do you guys think about it ??
thx.
We do not need any Congress approval for that Right?
If so can we explore this option??
I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong
I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.
what do you guys think about it ??
thx.
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truthinspector
01-07 11:40 AM
Of Satyam's reported cash and bank balances of 53.61 billion rupees on Sept. 30, 50.4 billion rupees was non-existent, Raju said in the letter sent to the Bombay Stock Exchange.
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santb1975
12-09 12:16 AM
and 2 years exp. listed. Why does EB2 require 5 years?. The Job description that was included during my LC had masters plus 2 years exp DOL audits have increased for small companies for sure
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voldemar
03-07 04:12 PM
I did not understand the "time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS" part.
My situation is as follows - My I-140 is approved and judging by the current situation my child will be above 21years (currently on H4) when visa becomes available.
My questions are - Will I be able to extend my child's H4 beyond his 21 years, assuming I continue on H1? And will I be able to adjust my child's status when visa becomes available?
ThanksShort answer No. Long answer: it depends on when you will apply for 485. For example: you filed I-140 on Jan 1-st 2006, it was approved on Jan 1-st 2007, so it was pending for 365 days. You are applying for 485 when you child is 21 years and 364 days old - he is covered by CPA (Child protection act) and can file 485 as your dependent. One day later - he is not covered and could not file 485.
Hope it helps.
My situation is as follows - My I-140 is approved and judging by the current situation my child will be above 21years (currently on H4) when visa becomes available.
My questions are - Will I be able to extend my child's H4 beyond his 21 years, assuming I continue on H1? And will I be able to adjust my child's status when visa becomes available?
ThanksShort answer No. Long answer: it depends on when you will apply for 485. For example: you filed I-140 on Jan 1-st 2006, it was approved on Jan 1-st 2007, so it was pending for 365 days. You are applying for 485 when you child is 21 years and 364 days old - he is covered by CPA (Child protection act) and can file 485 as your dependent. One day later - he is not covered and could not file 485.
Hope it helps.
more...
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virald
10-04 11:34 AM
We cannot predict the future but we can predict with some given statistics!
If people who got their AP from NSC could just menion how long it took for them to receive ap document it would be statistical and we can there upon make some judgements !!
Noone is asking for exact dates from USCIS. We are all still very much in a limbo and this is just for getting some heads up!!
TSC is taking about three months. Mine took three months and I applied on July 2nd to TSC. So, my guess is statistically, at least 3+ months for NSC, since they will be concentrating on sending out EAD's.
But, I leave it to others to give specific numbers.
If people who got their AP from NSC could just menion how long it took for them to receive ap document it would be statistical and we can there upon make some judgements !!
Noone is asking for exact dates from USCIS. We are all still very much in a limbo and this is just for getting some heads up!!
TSC is taking about three months. Mine took three months and I applied on July 2nd to TSC. So, my guess is statistically, at least 3+ months for NSC, since they will be concentrating on sending out EAD's.
But, I leave it to others to give specific numbers.
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HV000
04-03 02:23 PM
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
more...
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reddymjm
09-25 09:56 AM
What is the normal time frame for receiving AP papers?
My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
Are they sent to applicants home or attorney's office?
Thanks in advance.
485_spouse
If your attorney had filled A G28 right. He will get them. Ususally they come in 3 days or so after they said they mailed it.
My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
Are they sent to applicants home or attorney's office?
Thanks in advance.
485_spouse
If your attorney had filled A G28 right. He will get them. Ususally they come in 3 days or so after they said they mailed it.
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somegchuh
02-08 02:56 PM
I think you make some very good point about funding. I see some people complaining how a lot of members aren't contributing. I think it is plain naive to expect everyone to contribute.
People can be divided into three types:
1. People willing to fight what they percieve as injustice.
2. People who complain but do nothing about what they think is unjust.
3. People who accept injustice as part of life.
This isn't just about immigration. It could be any issue. Most ppl want someone else to do what's needed. They don't want to spend time or money. There will always be a few ppl who are active. If you belong to category 1, don't expect everyone to belong there.
The other aspect IV should consider is broadening the goals. IV has done good work but the core focus seems to be retrogression. Tens of thousands of ppl have cases rotting in BEC for 3-5 years they are not going to contribute to an organization that will put them at par with ppl who filed for labor in the last couple of years. It goes against human psychology.
Just my 2 cents....
--for you only.please read below the reply posted by fellow member franklin--
First off - I have contributed, but here is an explanation of my initial reluctance to do so and possibly why I haven't contributed more than I have, since you asked.
I have often been offended by the tone and bias on this board, when it is plainly evident that the majority of power posters think their own situation as being the only thing that should be resolved, alienating others as a result.
Don't tell me to donate by spending less money on stuff that culturally I never do, or refer to people that I know little about - all for cultural reasons. It was this thread that spurred me to contribute, and ironically, this thread that also offended me first. I still haven't forgotten that.
Wonder how else you alienate people? Try posting in a language that isn't English.
Regarding the recent pledge drive in particular, it gives me a nasty taste in my mouth since it stings of hypocrisy that I can't get over. A similar one was attempted by a member here (which I signed up for), using the ""I will donate $10 monthly to Immigration Voice for one year but only if 1,000 other people will do the same."
That effort, although endorsed by the core group, got 88 people to vote, and was criticized in these very forums as being a waste of time, or not the proper way to do it. Of course, fast forward a few months and now look...
I also find it distasteful to have to read through threads that could be of some importance or value, but find that good chunks are just "Hey, look at me, look at how much I contributed"
So, since I'm all bitter and alienated , why did I actually contribute?
Every time I get annoyed or offended by someone's insensitive or cultural narrow mindedness, I try to ignore it and remind myself that that single person does not represent the values of the core group and this organization as a whole. It gets challenging.
Please don't flame me, I am trying to be honest
-----
People can be divided into three types:
1. People willing to fight what they percieve as injustice.
2. People who complain but do nothing about what they think is unjust.
3. People who accept injustice as part of life.
This isn't just about immigration. It could be any issue. Most ppl want someone else to do what's needed. They don't want to spend time or money. There will always be a few ppl who are active. If you belong to category 1, don't expect everyone to belong there.
The other aspect IV should consider is broadening the goals. IV has done good work but the core focus seems to be retrogression. Tens of thousands of ppl have cases rotting in BEC for 3-5 years they are not going to contribute to an organization that will put them at par with ppl who filed for labor in the last couple of years. It goes against human psychology.
Just my 2 cents....
--for you only.please read below the reply posted by fellow member franklin--
First off - I have contributed, but here is an explanation of my initial reluctance to do so and possibly why I haven't contributed more than I have, since you asked.
I have often been offended by the tone and bias on this board, when it is plainly evident that the majority of power posters think their own situation as being the only thing that should be resolved, alienating others as a result.
Don't tell me to donate by spending less money on stuff that culturally I never do, or refer to people that I know little about - all for cultural reasons. It was this thread that spurred me to contribute, and ironically, this thread that also offended me first. I still haven't forgotten that.
Wonder how else you alienate people? Try posting in a language that isn't English.
Regarding the recent pledge drive in particular, it gives me a nasty taste in my mouth since it stings of hypocrisy that I can't get over. A similar one was attempted by a member here (which I signed up for), using the ""I will donate $10 monthly to Immigration Voice for one year but only if 1,000 other people will do the same."
That effort, although endorsed by the core group, got 88 people to vote, and was criticized in these very forums as being a waste of time, or not the proper way to do it. Of course, fast forward a few months and now look...
I also find it distasteful to have to read through threads that could be of some importance or value, but find that good chunks are just "Hey, look at me, look at how much I contributed"
So, since I'm all bitter and alienated , why did I actually contribute?
Every time I get annoyed or offended by someone's insensitive or cultural narrow mindedness, I try to ignore it and remind myself that that single person does not represent the values of the core group and this organization as a whole. It gets challenging.
Please don't flame me, I am trying to be honest
-----
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gc_on_demand
09-22 11:24 AM
I have lost hope since last time it failed to even talk HR 5882. Let Antis be happy.. This is my/our fate..
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jonty_11
05-22 03:39 PM
What kind of businesses will give u certificate of work? to prove u were illegal before jan 1 , 2007
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jayleno
10-06 08:00 PM
Its is very sad to read the story about the family.
Indeed, what an ironic day... we have two headline news items concerning Indian Americans...
The Good: A 35 year old Indian American is tapped to head the $700B bailout fund...
The Ugly: A family of 6 dies in LA in a murder-suicide ...
What does this say?
Indeed, what an ironic day... we have two headline news items concerning Indian Americans...
The Good: A 35 year old Indian American is tapped to head the $700B bailout fund...
The Ugly: A family of 6 dies in LA in a murder-suicide ...
What does this say?
qplearn
10-09 11:04 AM
yes!!
with AC21, you do not have to do the whole thing again......... that I am sure of!!
Thanks for responding!!! Kisses (free beer if you are a guy):) :) :)
I can actually move!!!!
with AC21, you do not have to do the whole thing again......... that I am sure of!!
Thanks for responding!!! Kisses (free beer if you are a guy):) :) :)
I can actually move!!!!
alterego
12-25 02:24 PM
It was most likely due to the withdrawn underlying 140. Although AC21 protects you in such situations, I think it sometimes takes MTR etc. A whole lot of stress and money expended in the process.
Wow! what a roller-coaster that must have been!
Wow! what a roller-coaster that must have been!
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