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  • ash0210
    12-02 11:53 AM
    **** READ question 3 from May12,2005 MEMO (or search/read the full Memo)

    20 Massachusetts Avenue, NW Washington, DC 20529 HQPRD 70/6.2.8-P To: REGIONAL DIRECTORS SERVICE CENTER DIRECTORS From: William R. Yates /S/ Associate Director for Operations United States Citizenship and Immigration Services Department of Homeland Security Date: May 12, 2005

    Memorandum for Service Center Directors, et al.

    Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    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).



    Guys,

    Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?

    Thanks




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  • gcdeena
    02-01 09:47 AM
    Congrats! Enjoy your freedom!!!




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  • gc_chahiye
    09-23 02:11 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi

    1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
    http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230

    2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.

    3. our receipt also had the PD field blank. Apparently thats normal




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  • waitingnwaiting
    01-25 09:51 PM
    Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.



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  • TeddyKoochu
    05-19 03:09 PM
    I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.

    I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).




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  • rayen
    02-05 03:47 PM
    Chris,

    Thanks a lot I will try to reach them now.

    Thanks, again.

    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.



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  • mambarg
    08-01 01:03 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????




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  • alterego
    09-17 11:16 PM
    go to ECGFMG.org, you will get a lot more info and more accurate info there.



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  • zephyrr
    12-02 10:15 PM
    From another thread on IV, I've read that you should keep a copy of
    you approved 140 as proof that your 140 was approved. You should
    definitely check with a lawyer before making a move. It is true that
    you can get a 3 yr H1B extension based on your old 140. If the old
    140 is revoked, according to the law, you are not allowed to get an
    extension based on it - however, a memorandum issued by USCIS
    says that you can. It would be best to get a 3 yr extension before you switch.

    but employer keeps the LC and I-140. If I move to new employer
    what is the proof that my I-140 was approved.

    Thanks




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  • kumar2203
    11-09 09:21 PM
    Hello gurus,

    I have one doubt abt requirements to port EB2.

    my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


    thanks a lot for your help



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  • pappu
    06-15 09:19 AM
    In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.

    We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.

    The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.

    Other issues we have noticed are
    - USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
    - 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current

    and other similar issues.

    In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.

    As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.

    In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time

    Difficulties faced by applicants who get wrongful 485 denials:
    - When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
    - Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
    - Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
    - Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
    - Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
    - If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
    - Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
    The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
    That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
    Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
    The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
    We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
    We request our members who have faced such issues or are facing such issues to
    - post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
    and
    - Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)

    Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously

    At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.

    By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
    We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
    With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
    Thank you,
    Immigration Voice

    Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817

    If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.




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  • PDDec05
    06-29 11:44 PM
    Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.

    I just called the 1-800 number on their website, but your lawyer may know someone in person at the USCIS.



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  • bhayzone
    05-01 08:21 PM
    First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.

    Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.

    1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
    2] Then get I-20 for my wife
    3] Then get her F1 stamped.

    Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.




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  • walking_dude
    11-27 09:24 PM
    Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.

    Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.



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  • pathiren
    07-19 10:14 PM
    Congrats to all those who are lucky enough to file their I-485 by August 17. I am kind of on the unlucky side. My mandatory labor recruitment wait period of 30 days end on August 17. Wonder if anyone has any idea about I-485 availability or unavailability by september or october or may even next time this year to use up the available numbers.

    I appreciate all your responses.

    Thanks
    HP




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  • go_guy123
    01-26 03:49 PM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    Actually US needs innovation and good talent. Not all PhD are that extra ordinary.
    One goes through the motions of adding incremental knowledge (that quality also depends of the reputation of the university). Most PhDs struggle from one post doc to another.

    Piled Higher and Deeper - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Piled_Higher_and_Deeper)

    PS: I mylelf dropped out of PhD like many of my friends. My experience was that
    only a few PhD students were doing "good" and relevant research. Rest were very acedemic in nature and all about working on questionable commercial value of DARPA and NSF grants.



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  • paskal
    12-22 10:16 PM
    Mark you calenders/palms/outlooks etc

    AND

    watch this space for details on calling in

    AND

    let us all know if you can attend

    Thanks!




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  • vineet
    01-17 07:32 PM
    Heard about a similar issue with the EAD for a colleague at work today. Will let you know what the company lawyers recommend him to do....

    -Viny




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  • phillyag
    05-30 04:43 PM
    2. I140 receipt
    3. I485 receipt


    Would photocopies do for the above 2 docs ?




    aj1234567
    09-27 05:04 PM
    Hi Gurus-
    One of my friends had received strange letter from the consulate saying that

    We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.

    With this letter we are returning your passport. no additional information or documents are required from you.

    We will contact you once a final decision has been made on your application

    Please advice me why they send this letter and what necessary action we need to take..


    Thanks
    Aj




    roseball
    08-07 11:10 AM
    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M


    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......



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