Gravitation
01-04 09:11 AM
The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.
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FinalGC
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....
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....
adibhatla
02-18 12:15 PM
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
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amaran18
08-13 04:23 PM
First of all, Congrats !!
You should talk to a lawyer to get this clarified.
You should talk to a lawyer to get this clarified.
more...
McLuvin
08-03 12:18 PM
Long ago received this mail from pnp office
AINP US Visa Holder Category Applicants
Priority processing will be given to those who have a job offer from an Alberta Employer.
If you have a job offer from an Alberta employer send us a copy of the offer along with the job description. Click here
A job offer can be your contract or letter of employment from an Alberta employer. The job offer must be in a field related to your current occupation in the US. The document must be on the official letterhead of the Alberta employer you will be working for.
Download our Websites for Alberta Job Seekers document to assist you in finding a job in Alberta.
Few days ago Again i got one mail like below
RECEIPT OF ALBERTA IMMIGRANT NOMINEE PROGRAM (AINP) APPLICATION
Candidate Name: xxxxxxxxxxxxxxxxxx
Candidate File Number: xxxx-xx-xxxx
Thank you for applying to the Alberta Immigrant Nominee Program (AINP). This is to confirm receipt of the AINP application for the abovementioned on July 31, 2009. Please visit Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html) for our most current processing times.
During our assessment, an applicant or their authorized representative will only be contacted by our office if we require additional information. Please do not call to inquire about the status of the application as this will increase our processing times. If you wish to add information to the application, or change information already submitted, you may mail or fax the information to:
Alberta Immigrant Nominee Program
Suite 940 , Telus Plaza North Tower
10025 Jasper Avenue
Edmonton , Alberta T5J 1S6 Canada
Fax: (780) 427-6560
can some one help me whether i am in or not?
KumKum,
You are in.... dont worry...
There are a lot of people who have been waiting/praying to see the file number email... The one which you recieved a few days ago...
Take a vacation and come back after 4 months... thats what Alberta says :)
BR,
Karthik
AINP US Visa Holder Category Applicants
Priority processing will be given to those who have a job offer from an Alberta Employer.
If you have a job offer from an Alberta employer send us a copy of the offer along with the job description. Click here
A job offer can be your contract or letter of employment from an Alberta employer. The job offer must be in a field related to your current occupation in the US. The document must be on the official letterhead of the Alberta employer you will be working for.
Download our Websites for Alberta Job Seekers document to assist you in finding a job in Alberta.
Few days ago Again i got one mail like below
RECEIPT OF ALBERTA IMMIGRANT NOMINEE PROGRAM (AINP) APPLICATION
Candidate Name: xxxxxxxxxxxxxxxxxx
Candidate File Number: xxxx-xx-xxxx
Thank you for applying to the Alberta Immigrant Nominee Program (AINP). This is to confirm receipt of the AINP application for the abovementioned on July 31, 2009. Please visit Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html) for our most current processing times.
During our assessment, an applicant or their authorized representative will only be contacted by our office if we require additional information. Please do not call to inquire about the status of the application as this will increase our processing times. If you wish to add information to the application, or change information already submitted, you may mail or fax the information to:
Alberta Immigrant Nominee Program
Suite 940 , Telus Plaza North Tower
10025 Jasper Avenue
Edmonton , Alberta T5J 1S6 Canada
Fax: (780) 427-6560
can some one help me whether i am in or not?
KumKum,
You are in.... dont worry...
There are a lot of people who have been waiting/praying to see the file number email... The one which you recieved a few days ago...
Take a vacation and come back after 4 months... thats what Alberta says :)
BR,
Karthik
shana04
02-26 03:27 PM
What are the steps and actions to initiate the case to be picked up when the priority date is current.
Please advice!
Thanks in advance
Please advice!
Thanks in advance
more...
a_yaja
07-18 09:24 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
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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 FLCDataCenter.com 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.
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 FLCDataCenter.com 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.
more...
mmpsbarad
09-27 07:31 PM
Thank you all for your useful suggestions.
Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.
1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.
2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?
Thank you.
Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.
1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.
2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?
Thank you.
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kum31
10-01 09:53 PM
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
more...
abhijitp
07-25 08:44 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
I dont know how true this is, experts please opine.
http://www.google.com/answers/threadview?id=559556
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
I dont know how true this is, experts please opine.
http://www.google.com/answers/threadview?id=559556
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samcam
05-18 05:03 PM
Welcome to our news member Selvaela..
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eb2_mumbai
10-28 03:48 PM
Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.
FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.
FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.
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leo2606
09-26 09:12 PM
Hey GC_SUCK,
Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
more...
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rameshhi
06-17 07:15 PM
What does this mean ?
"Our electronic records show that your application is with the adjudications officer for review."
EB2
PD JAN-06(NSC)
Thanks
Please let me know th outcome..
I recd the same responce for "Cross-Chargeability", I owe you, If you can direct me.. please.. please...
"Our electronic records show that your application is with the adjudications officer for review."
EB2
PD JAN-06(NSC)
Thanks
Please let me know th outcome..
I recd the same responce for "Cross-Chargeability", I owe you, If you can direct me.. please.. please...
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saji007
05-03 09:45 AM
1. No need to apply extn with the new employer, when you file for H1-Transfer you get 3 year extenstion
2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.
2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.
more...
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ImmiRam
09-13 02:31 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
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singhsa3
01-07 11:17 AM
It is a family event also, so please feel free to bring your spouses, fiancee , kids, etc..
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nixstor
06-24 05:14 PM
may be this will help you
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
hnordberg
October 24th, 2005, 12:40 AM
A weekend based in the City? If the weather is good, Marin, Point Reyes, and urban shooting... If the weather is bad, the city museums, food, and entertainment...
Sounds great. I haven't been to Point Reyes in a while and maybe we can get some shots of the Golden Gate Bridge from the Marin Headlands at sunset.
I'll share my bag of glass ;)
Cool! You can borrow my new lenspen! ;)
I don't have as much glass as you do, but I'll bring my 5D, which I am still very excited about.
I am available most weekends. How about you Bob, Kevin, others? It would be great to meet you all.
Sounds great. I haven't been to Point Reyes in a while and maybe we can get some shots of the Golden Gate Bridge from the Marin Headlands at sunset.
I'll share my bag of glass ;)
Cool! You can borrow my new lenspen! ;)
I don't have as much glass as you do, but I'll bring my 5D, which I am still very excited about.
I am available most weekends. How about you Bob, Kevin, others? It would be great to meet you all.
diptam
06-23 01:01 AM
Suppose we use OverNight Express USPS mail ... I was wondering
when i can send the package ?
If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
when i can send the package ?
If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
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