WaitingYaar
01-18 06:50 PM
Is there any reason that NSC I-140 processing times not moving forward. Moving by 5-10 days every month? It seems that the processing times are over 7 months.
wallpaper Anime - Maybe one of these
desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
diptam
06-26 02:13 PM
Is that what you meant ?
If yes - then i try doing that every time i go for H1B stamping... Talking as if you a temp worker going to US for helping with some extra work ...
That gives the consular officer a comfort feeling probably !
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
If yes - then i try doing that every time i go for H1B stamping... Talking as if you a temp worker going to US for helping with some extra work ...
That gives the consular officer a comfort feeling probably !
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
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vxg
10-31 03:33 PM
Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
I had the same query for my wife. I sent color copies of passport front and back, latest visa, I-94, DL and EAD all in color. Keep me posted how long it took for you to get approval after you sent the docs.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
I had the same query for my wife. I sent color copies of passport front and back, latest visa, I-94, DL and EAD all in color. Keep me posted how long it took for you to get approval after you sent the docs.
more...
pappu
07-16 10:12 PM
In that case you will have to file I970 (I485+I485) :)
Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.
Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.
eagerr2i
11-15 05:22 PM
In California,
www.edjoin.org
You need to be a credentailed teacher to get a H1B in most cases. For credentialing, you either need a B Ed from India or complete the teacher credentailing program in US. For the credentailing program, you will need to get your degree evaulated, pass the CSET exam or Praxis in some cases and finish the university requirement.
Pls PM me if you need more details.
www.edjoin.org
You need to be a credentailed teacher to get a H1B in most cases. For credentialing, you either need a B Ed from India or complete the teacher credentailing program in US. For the credentailing program, you will need to get your degree evaulated, pass the CSET exam or Praxis in some cases and finish the university requirement.
Pls PM me if you need more details.
more...
purgan
12-18 06:40 PM
Immigrantion Restrictionist/Racists have been calling Congresional offices and pounding the privelege of their One vote each, so they can be spared of foreign competition even though US competitiveness goes down the drain. I guess each one to himself. Here are some of the more interesting conversations...
==
Senator Kyl:
Q. What is Senator Kyl's position to be on Cornyn's "dark of the night"
attempt to ramrod an H-1B increase?
A. Are you calling on behalf of any organization?
A. Yes, the org's name is Sandra. I only have one vote and no campaign
donations.
"Very low likelihood of this passing, and in the future Senator Kyl will
take into careful consideration such meansures."
A. You haven't answered my question. Kyl has been a consistent supporter
of H-1Bs
A. Senator hasn't made a decision and is still considering.
Q. How did the Senator vote on the H1-C two days ago?
A. I'm not finding a record.
Q. It was HR1285--on December 5.
A. Oh, that was a unanimous voice vote.
Q. So does that mean Senator Kyl voted for it?
A. I can check, just a moment........it was a unanimous voice vote
================================================== ========
Senator McCain:
Q What is McCain's position on Cornyn's "dark of the night" attempt to
ramrod an H-1B increase?
A. He hasn't yet taken a position.
================================================== ========
Senator Grassley (Casey Mills)
Asked for Casey but aide couldn't find him
Q. Does Grassley support H1-B increases?
A He doesn't know.
I gave him a rundown as if I were Debbie--nursing shortage is artificially
created. Grassley probably voted for H1-C, etc.
I retrained for a job after 20 years to go into nursing, and now find wages
are kept low by foreign nurses.
A. He'll pass concerns along.
================================================== ==============
Senator Dorgan
Express thanks to Senator Dorgan for opposing H1-Bs.
================================================== =================
Sandra
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I called Cornyn's office just now - male staffer got really annoyed when I
asked him if Senator Coryn supports displacing well-educated American
workers with Foreign H-1B Visa holders. He immediately passed me off to a
voice mail box of a staffer who handles immigration matters. (Yes, I know
H-1B's are so-called "non-immigrant Visas" but we all know most of these
people end up staying here -)
Of course the staffer did not pick up his phone - but the staffer's name is
Landon Bell. Why not ring up Senator Corn-Hole's office and ask for Landon
Bell, and ring Landon's bell a bit?
Gerard
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I called Cornyn's office just now - stated my opposition of course. The
person I spoke with said that Cornyn was trying to get his bill introduced
today, and he was not sure if it would be voted on today.
Hopefully Cornyn fails. I think he is getting our message, but I also
think he does not care.
Roy
++++++++++++++++++++++++++++++++++++++++++++++++++ +
Maybe you all have different information that I just obtained from both
Senator Pete Domenici's office (Republican) and Senator Jeff Bingaman's
office (Democrat) -- both of New Mexico. But both of their offices claim
that Skil Bill "Access to High Skilled Foreign Workers" S 2691 has NOT left
committee yet and thus cannot be voted on yet. (It is certainly possible
that you all have different or better information than was conveyed to me
but this is what I obtained.)
Domenici's office staff person couldn't tell me which side of the fence he
was on as he hasn't "made a press release" yet. And, as long as it is in
committee he apparently doesn't voice an opinion.
Senator Bingaman's office staff also told me that he had not expressed an
opinion to him on his position on the bill. The young, female staff woman
who answered the DC phone seemed STUNNED when she pulled up the bill and
started to read parts of it. She thought they'd have to take some kind of
special test to get into the USA for these jobs -- no. I only wish she
were casting a vote as I know how she'd vote! Again, she told me that
the bill was not out of committee YET and the Senators are going home
tomorrow afternoon. They are doing "yesterday morning's" work tonight or
some such backward thinking. There has been no floor debate on the bill so
the staff claimed would mean there will NOT be a vote on the bill tonight.
No one would guarantee me that NO voting would take place tomorrow but did
say it was UNlikely.
Finally, when I got to the staff woman in DC she was a bit surprised
because someone had called her on the bill from one of the Senator's New
Mexico offices. (A bit strange unless it was my calling the Senator's 800
number which connected me some place in New Mexico and they called the DC
office for information regarding my inquiry.)
(BE careful when you call, however, one Bingaman's staff males that I
spoke with tried to give me the WRONG Senate Bill number reference. He
asked "This is Senate Bill 2626?" I said "The one I am calling on is
"Senate Bill 2691 "Access to High Skilled Foreign Workers" so unless the
bill has been reassigned a number that I don't know about -- I am calling
on the Skil Bill "Access to High Skilled Foreign Workers.")
Oh, yeah! the woman from Bingaman's office said "Oh, THAT's a
Republican sponsored bill!"
Cynthia
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I, too, phoned Cornyn's office and the person I spoke with kept insisting
that the H-1B's had to be paid the same as Americans and then he said the
senator wants to make America more competitive by bringing in skilled
workers. I directed him to Norm's article in the San Francisco paper and to
the Programmers Guild. I asked him how it would make our nation more
competetive to bring in a worldwide supply of cheaper labor to take our
jobs. Silence.
LC Evans
http://lcevans.com
Jobless Recovery
A satirical novel about American job losses
==
Senator Kyl:
Q. What is Senator Kyl's position to be on Cornyn's "dark of the night"
attempt to ramrod an H-1B increase?
A. Are you calling on behalf of any organization?
A. Yes, the org's name is Sandra. I only have one vote and no campaign
donations.
"Very low likelihood of this passing, and in the future Senator Kyl will
take into careful consideration such meansures."
A. You haven't answered my question. Kyl has been a consistent supporter
of H-1Bs
A. Senator hasn't made a decision and is still considering.
Q. How did the Senator vote on the H1-C two days ago?
A. I'm not finding a record.
Q. It was HR1285--on December 5.
A. Oh, that was a unanimous voice vote.
Q. So does that mean Senator Kyl voted for it?
A. I can check, just a moment........it was a unanimous voice vote
================================================== ========
Senator McCain:
Q What is McCain's position on Cornyn's "dark of the night" attempt to
ramrod an H-1B increase?
A. He hasn't yet taken a position.
================================================== ========
Senator Grassley (Casey Mills)
Asked for Casey but aide couldn't find him
Q. Does Grassley support H1-B increases?
A He doesn't know.
I gave him a rundown as if I were Debbie--nursing shortage is artificially
created. Grassley probably voted for H1-C, etc.
I retrained for a job after 20 years to go into nursing, and now find wages
are kept low by foreign nurses.
A. He'll pass concerns along.
================================================== ==============
Senator Dorgan
Express thanks to Senator Dorgan for opposing H1-Bs.
================================================== =================
Sandra
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I called Cornyn's office just now - male staffer got really annoyed when I
asked him if Senator Coryn supports displacing well-educated American
workers with Foreign H-1B Visa holders. He immediately passed me off to a
voice mail box of a staffer who handles immigration matters. (Yes, I know
H-1B's are so-called "non-immigrant Visas" but we all know most of these
people end up staying here -)
Of course the staffer did not pick up his phone - but the staffer's name is
Landon Bell. Why not ring up Senator Corn-Hole's office and ask for Landon
Bell, and ring Landon's bell a bit?
Gerard
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I called Cornyn's office just now - stated my opposition of course. The
person I spoke with said that Cornyn was trying to get his bill introduced
today, and he was not sure if it would be voted on today.
Hopefully Cornyn fails. I think he is getting our message, but I also
think he does not care.
Roy
++++++++++++++++++++++++++++++++++++++++++++++++++ +
Maybe you all have different information that I just obtained from both
Senator Pete Domenici's office (Republican) and Senator Jeff Bingaman's
office (Democrat) -- both of New Mexico. But both of their offices claim
that Skil Bill "Access to High Skilled Foreign Workers" S 2691 has NOT left
committee yet and thus cannot be voted on yet. (It is certainly possible
that you all have different or better information than was conveyed to me
but this is what I obtained.)
Domenici's office staff person couldn't tell me which side of the fence he
was on as he hasn't "made a press release" yet. And, as long as it is in
committee he apparently doesn't voice an opinion.
Senator Bingaman's office staff also told me that he had not expressed an
opinion to him on his position on the bill. The young, female staff woman
who answered the DC phone seemed STUNNED when she pulled up the bill and
started to read parts of it. She thought they'd have to take some kind of
special test to get into the USA for these jobs -- no. I only wish she
were casting a vote as I know how she'd vote! Again, she told me that
the bill was not out of committee YET and the Senators are going home
tomorrow afternoon. They are doing "yesterday morning's" work tonight or
some such backward thinking. There has been no floor debate on the bill so
the staff claimed would mean there will NOT be a vote on the bill tonight.
No one would guarantee me that NO voting would take place tomorrow but did
say it was UNlikely.
Finally, when I got to the staff woman in DC she was a bit surprised
because someone had called her on the bill from one of the Senator's New
Mexico offices. (A bit strange unless it was my calling the Senator's 800
number which connected me some place in New Mexico and they called the DC
office for information regarding my inquiry.)
(BE careful when you call, however, one Bingaman's staff males that I
spoke with tried to give me the WRONG Senate Bill number reference. He
asked "This is Senate Bill 2626?" I said "The one I am calling on is
"Senate Bill 2691 "Access to High Skilled Foreign Workers" so unless the
bill has been reassigned a number that I don't know about -- I am calling
on the Skil Bill "Access to High Skilled Foreign Workers.")
Oh, yeah! the woman from Bingaman's office said "Oh, THAT's a
Republican sponsored bill!"
Cynthia
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I, too, phoned Cornyn's office and the person I spoke with kept insisting
that the H-1B's had to be paid the same as Americans and then he said the
senator wants to make America more competitive by bringing in skilled
workers. I directed him to Norm's article in the San Francisco paper and to
the Programmers Guild. I asked him how it would make our nation more
competetive to bring in a worldwide supply of cheaper labor to take our
jobs. Silence.
LC Evans
http://lcevans.com
Jobless Recovery
A satirical novel about American job losses
2010 images ecchi anime wallpaper.
dixie
06-20 01:56 PM
:(
I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.
supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...
Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.
I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.
supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...
Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.
more...
w000f
04-22 12:08 AM
How can you check that FBI namecheck has cleared? Call the FBI? I see quite a few people with date of the FBI namecheck on their sig.
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bobzibub
12-08 05:07 PM
I wish! :)
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
We Canucks are not on the "out" list.
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
We Canucks are not on the "out" list.
more...
Prashanthi
10-20 05:52 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.
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eb3_nepa
02-18 10:06 AM
Hello everyone,
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
more...
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whitecollarslave
02-10 01:05 PM
All the tactics used by groups opposing EB immigration and in particular H-1B visas center around one central theme - foreign (H-1B) workers are cheap labor. While they may have identified specific cases, it is not representative of the entire EB (and H-1B) community. Most of us are paid much more than higher end of prevailing wage, plus 10-20K in immigration costs. Many of us are physicians with NIW and working in medically under served areas.
How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -
Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.
I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.
Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.
How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -
Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.
I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.
Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.
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waitin_toolong
09-05 06:16 AM
it is fairly common, if you used separate checks then look at the backs of cashed checks for case number else call USCIS.
more...
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krustycat
10-30 10:00 AM
No activity at all
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anilsal
06-29 04:10 PM
My passport is filled with various schengen visas.
I take the insurance from Travelex. It costs around $25 for one person.
I once had an issue where one of the connecting flights was missed because the previous flight got delayed due to technical issues and since I booked from different travel agents, I had to shell out $300 bucks.
I called Travelex to get the details about refund. They sent me a form. After that I procrastinated. Travelex kept sending me reminders that I have not sent the filled form (really, which insurance company wants to remind users about claims?).
I sent the form and my refund came back within a week.
I like Travelex insurance because it takes 10 minutes online and I expense it as part of my biz trips.
I really really would like to see Europe issue longer duration visas. Their Schengen visa is plain ridiculous.
By the way, I just came back from Europe yesterday.
Many countries in Europe have free healthcare. So it is not really an issue to get healthcare. The insurance helps you when you have to be transported back or such in very very unfortunate cases.
I take the insurance from Travelex. It costs around $25 for one person.
I once had an issue where one of the connecting flights was missed because the previous flight got delayed due to technical issues and since I booked from different travel agents, I had to shell out $300 bucks.
I called Travelex to get the details about refund. They sent me a form. After that I procrastinated. Travelex kept sending me reminders that I have not sent the filled form (really, which insurance company wants to remind users about claims?).
I sent the form and my refund came back within a week.
I like Travelex insurance because it takes 10 minutes online and I expense it as part of my biz trips.
I really really would like to see Europe issue longer duration visas. Their Schengen visa is plain ridiculous.
By the way, I just came back from Europe yesterday.
Many countries in Europe have free healthcare. So it is not really an issue to get healthcare. The insurance helps you when you have to be transported back or such in very very unfortunate cases.
more...
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sdudeja
11-20 12:56 PM
Hi
Teacher H1 is same as any other H1. There are consultancies hiring teachers. You can join based on your qualifications and experience. You get a 3 year certification based on your evaluation of credentials. I mentioned a company GTRR. You can contact them. Their site is gtrr.net. My cell number is 404-704-2455.
All the best
Teacher H1 is same as any other H1. There are consultancies hiring teachers. You can join based on your qualifications and experience. You get a 3 year certification based on your evaluation of credentials. I mentioned a company GTRR. You can contact them. Their site is gtrr.net. My cell number is 404-704-2455.
All the best
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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.
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crazyguy4u
07-16 07:49 PM
NO, u cannot apply, unless you want GC as principal applicant only
Lasantha
04-11 02:04 PM
Thanks GCwaitforever and HereIComeGC!!!
Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.
Thank you Dude and Lasantha. ALso Lasantha - Congrationtions on your GC. I will tolerate the annoying message and grind it out.
smisachu
07-23 03:35 PM
R.William on July 3rd.
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