
coolmanasip
08-16 08:06 PM
Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
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ssdtm
11-06 02:23 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.

thomachan72
03-28 03:05 PM
Durbin (father of Dream Act) hates us. He loves to grand stand for "children of undocumented" "the down torn, the poor, the under privileged" and thinks we are like spoilt rich kid. This is a good thought, but who will bell the cat? Durbin is totally irrational when it comes to children of legal and undocumented. Not sure that you know this, but just thought of laying the facts as they are..
I understand what you want to convey. However, let us imagine a situation;
1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".
I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.
I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.
I understand what you want to convey. However, let us imagine a situation;
1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".
I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.
I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.
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ronhira
05-15 10:37 PM
startup visa is all smoke & mirrors..... this is another way for rich people to make more money..... how will startup visa create entrepreneurship? just as h1/j1/l1 exploit foreign works..... this is just another way for rich people to start new ventures exploiting the ideas of foreigners..... immigrants will not become this so called "entrepreneur"..... the bill is designed such that only 170 "registered" venture capitalist could exploit immigrants...... if immigrants want to start their own companies, using funding from anywhere other than those "registered" 170 venture capitalist.... then those immigrants will not qualify for this "startup visa" the next generation greatest idea on the planet.... to exploit more immigrants keeping them in probationary limbo state......
if anyone in america actually care for entrepreneurship.... they ought to give green cards to people who are already here.... who already understand the system... people who already have their own savings & ideas.... & people who are willing to take risk in starting their own businesses, which will create more jobs.....
creating system in which rich people will become richer is not "boost" entrepreneurship.... rather this is another way to trap & kill innovative ideas/minds.... startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....
some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....
if anyone in america actually care for entrepreneurship.... they ought to give green cards to people who are already here.... who already understand the system... people who already have their own savings & ideas.... & people who are willing to take risk in starting their own businesses, which will create more jobs.....
creating system in which rich people will become richer is not "boost" entrepreneurship.... rather this is another way to trap & kill innovative ideas/minds.... startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....
some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....
more...

FinalGC
03-30 10:40 AM
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....

msyedy
12-13 12:03 PM
What are you saying he has no valid visa on his passportm his papers are valid. People who have a valid I-94 and like H1B - Valid i-797 can legally work in US without a valid visa on the passport.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
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BharatPremi
12-05 04:13 PM
at Saturday's Meet and Greet in Texas..
Please bring a farewell poetry to share..
Thanks needhelp.
Please bring a farewell poetry to share..
Thanks needhelp.
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SREE_485
08-13 04:31 PM
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
more...

coolpal
02-06 10:34 AM
thanks sanju for the quick response..
My information in the profile is the most up to date info I have. My priority date is not current, and I am sorry if something in my previous post gave you that impression.
I am still using my H1B status and my wife is using her EAD, but since we applied for 485 in 2007, we have applied for EAD twice (once with 485 appl and a renewal later) but never received FPs.
Do you think I should still setup an Infopass?
thanks,
pal
My information in the profile is the most up to date info I have. My priority date is not current, and I am sorry if something in my previous post gave you that impression.
I am still using my H1B status and my wife is using her EAD, but since we applied for 485 in 2007, we have applied for EAD twice (once with 485 appl and a renewal later) but never received FPs.
Do you think I should still setup an Infopass?
thanks,
pal
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redcard
09-27 07:49 PM
http://marketplace.publicradio.org/am.html
Dont see anything you mentioned about shortage of workers on Marketplace.
It would be great if we can get some support from David Heenan like Richard Florida.
Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..
Dont see anything you mentioned about shortage of workers on Marketplace.
It would be great if we can get some support from David Heenan like Richard Florida.
Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..
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dpp
08-18 04:40 PM
Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.
Ok. keep speculating... enjoy with that.
Ok. keep speculating... enjoy with that.
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skpanda
05-17 07:10 PM
Upgrade of the existing case.
Good Luck!
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
Good Luck!
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
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smisachu
12-09 05:52 PM
Just out of curiosity, what kind of jobs do you guys do? What is your educational qualification? I am getting my PhD but it is still some time before I finish, I want to know if there is any way to port from EB2 to EB1 before that.
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surabhi
07-13 01:08 PM
I took infopass to clarify my situation with 2 I-485, different A#, and one I-140.
The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.
The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.
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saint_2010
07-11 04:33 PM
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
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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.
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.
more...
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waiting_4_gc
07-18 10:49 AM
This is a personal Message from me TO the IV Core and its founder.People can keep it alive by thanking the core.
I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...
THANKS AND REGARDS
Thanks, IV. Again, you guys are great and this is a great achievement from you.
I'm really impressed and donated $100.00.
I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...
THANKS AND REGARDS
Thanks, IV. Again, you guys are great and this is a great achievement from you.
I'm really impressed and donated $100.00.
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wanaparthy
03-25 01:57 PM
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waitin_toolong
10-29 02:10 PM
Guys....
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
EAD comes into effect only if used for employment not for any other purpose.
This question has bee asked and answered several time.
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
EAD comes into effect only if used for employment not for any other purpose.
This question has bee asked and answered several time.
chanduv23
09-14 06:53 AM
LETS ALL STAND UP AND CHEER THE MOMENT - THE RALLY AND SURROUNDING EVENTS HAS OFFICIALLY BEGUN.
FEW HOURS BACK OUR PROUD, SINCERE, HONEST AND DEDICATED MEMBERS VIJAY(SEAHAWKS) AND VANDANA(VANDANAVERDIA) STARTED THEIR LONG JOURNEY FROM THE SEATTLE TACOMA AIRPORT AND WILL BE FLYING INTO WASHINGTON DC LATER TODAY - THIS MARKS THE OFFICIAL START OF THIS HISTORIC EVENT.
IV SALUTES ITS DEDICATED MEMBERS WHO ARE WORKING DAY AND NIGHT AND MAKING THIS EVENT A BIG SUCCESS
A HUGE TURNOUT IS EXPECTED AND THIS WILL BE AN EVENT, IF MISSED, YOU WILL DEFINITELY REPENT.
FEW HOURS BACK OUR PROUD, SINCERE, HONEST AND DEDICATED MEMBERS VIJAY(SEAHAWKS) AND VANDANA(VANDANAVERDIA) STARTED THEIR LONG JOURNEY FROM THE SEATTLE TACOMA AIRPORT AND WILL BE FLYING INTO WASHINGTON DC LATER TODAY - THIS MARKS THE OFFICIAL START OF THIS HISTORIC EVENT.
IV SALUTES ITS DEDICATED MEMBERS WHO ARE WORKING DAY AND NIGHT AND MAKING THIS EVENT A BIG SUCCESS
A HUGE TURNOUT IS EXPECTED AND THIS WILL BE AN EVENT, IF MISSED, YOU WILL DEFINITELY REPENT.
conundrum
10-09 06:17 PM
Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.
Couldn't have said it any better!!!:D:D:D
Couldn't have said it any better!!!:D:D:D
