BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
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makemygc
04-17 09:45 AM
How did you find what job code your labor was applied for?
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
logiclife
06-04 01:10 PM
This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
That text is last years text that was initially put in place as a place-holder BEFORE the grand compromise was reached.
After the grand compromise was reached, the text of the grand compromise replaced the entire text of last year's bill (that has SKIL) was the next text.
Amendment # 1150 (S.A. 1150) Sponsored by Sen. Kennedy is a 400 page amendment that replaces the entire text that was intially in the bill with the new text. Its a "Substitute" amendment.
Read the S. A. 1150 text. Its also on IV homepage as PDF.
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
That text is last years text that was initially put in place as a place-holder BEFORE the grand compromise was reached.
After the grand compromise was reached, the text of the grand compromise replaced the entire text of last year's bill (that has SKIL) was the next text.
Amendment # 1150 (S.A. 1150) Sponsored by Sen. Kennedy is a 400 page amendment that replaces the entire text that was intially in the bill with the new text. Its a "Substitute" amendment.
Read the S. A. 1150 text. Its also on IV homepage as PDF.
2011 2010 Suzuki SX4 Front Angle
paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
more...
RedHat
08-30 12:26 PM
My PD is 2002 Aug
new_horizon
05-26 08:45 PM
I had an error message in the past few days. But when I tried it today, and I was able to schedule an appointment. There are dates available from June 1-12 (week days).
more...
gsc999
09-10 01:33 AM
It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
2010 The new 2010 SX4 Sport was
mzafar125
05-11 12:39 PM
Hello,
I am trying to file by I-485 paperwork and the only roadblock is the birth certificate. I called the Pakistani embassy and they said they would issue me with a letter stating my name, DOB, father and mothers name. Can someone for the love of god let me know if this will be acceptable to the dept of homeland security ?
This is the last hurdle I have to pass before I can file my I-485 so I would appreciate any feedback. You lot have a good weekend and thanks for all your efforts.
Thanks!
I am trying to file by I-485 paperwork and the only roadblock is the birth certificate. I called the Pakistani embassy and they said they would issue me with a letter stating my name, DOB, father and mothers name. Can someone for the love of god let me know if this will be acceptable to the dept of homeland security ?
This is the last hurdle I have to pass before I can file my I-485 so I would appreciate any feedback. You lot have a good weekend and thanks for all your efforts.
Thanks!
more...
harshailan
07-31 05:05 PM
If your H1 visa is rejected in canada, they will cancel the existing visa saying you are not eligible. You cannot come back to US again. You need to go to Chennai again for stamping.
Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).
Hope this helps.
Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)
Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).
Hope this helps.
Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)
hair 2010 Suzuki SX4 Crossover
spicy_guy
08-28 12:12 AM
There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
Another struggle with USCIS amidst a lot other... huh? :D
Another struggle with USCIS amidst a lot other... huh? :D
more...
comstar8199
08-25 09:34 PM
You plan on going to wmu? (depending on your age)
Maybe, I may end up going to Umich. Still have one more year to decide...
Maybe, I may end up going to Umich. Still have one more year to decide...
hot Suzuki SX4 2010 - Rear Side
h1bnogc
08-30 06:51 AM
The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.
Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.
It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.
How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?
thanks for your response...
Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.
It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.
How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?
thanks for your response...
more...
house 2010 Suzuki SX4 Exterior
raj1998
05-19 02:28 PM
Why don't you take an Info-Pass and check with an immigration officer? In case of GC approved but yet to be received at your end, there is a possibility that they can stamp your passport with temporary GC (I-551 i think) for urgent travel.
Try your luck!
Regards
I have booked an INFOPASS. I hope I receive welcome/approval letter well in time to take with me for I-551. I don't think they will entertain email print out
Try your luck!
Regards
I have booked an INFOPASS. I hope I receive welcome/approval letter well in time to take with me for I-551. I don't think they will entertain email print out
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WeShallOvercome
07-31 12:13 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
more...
pictures 2010 Suzuki SX4 and SX4 Sedan
Adam
08-26 11:10 AM
That one looks perfect gundark.
agreed, very nice :thumb:
redelite, I like your angry one :) Reminds me of my wife :D
agreed, very nice :thumb:
redelite, I like your angry one :) Reminds me of my wife :D
dresses 2010 Suzuki SX4 Overview
vicsthedude
04-28 09:15 AM
I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.
There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.
There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.
more...
makeup 2010 Suzuki SX4
rameshavula
06-15 08:04 PM
For me I noticed the Alien # issued on the OPT card. And I noticed that my lawyer always used the same A# for my H1-B petition.
girlfriend Maruti SX4
smartimss
10-23 10:10 AM
Spouse application (secondary 485) is approved and received card in 2 months back but mine (primary application) is still pending? Is one in same boat? Please advice?
India EB3; PD: Feb 2002
Service Center: NSC
Receipt Date: 06/06/2007.
Notice Date: 06/15/2007.
India EB3; PD: Feb 2002
Service Center: NSC
Receipt Date: 06/06/2007.
Notice Date: 06/15/2007.
hairstyles 2010 Suzuki SX4 Sportback
mbartosik
09-05 09:09 PM
So how about a fax campaign in favor.
That should not be too distracting from rally preparations.
Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.
That should not be too distracting from rally preparations.
Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.
pjalan
04-01 03:08 PM
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
Can't I myself respond to the RFE?
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
Can't I myself respond to the RFE?
rbalaji5
02-09 04:12 PM
Hi Bojja,
Do I need a canadian visa to go to Canada.?.
Thnx.
Do I need a canadian visa to go to Canada.?.
Thnx.
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