karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
wallpaper sisters getting matching
furiouspride
02-11 04:55 PM
If I'm not mistaken, the 485 processing times for TSC are much shorter compared to NSC. My case is at the VSC which is still doing 06 applications. Is there a particular reason behind this or is it just the sheer number of applications that VSC receives?
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
2011 hot friends. matching tattoos
edd
02-05 05:36 PM
Hi,
I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one
I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one
more...
GCAmigo
12-13 11:59 AM
I'm in the US working on L1 visa, though I have an expired visa, I have I94 valid until Jun 2008 which makes me legal to work here until Jun 2008. Now, I'm planning to travel to India, Do I need transit visa in France if I travel via france.
What on earth makes you legal to work with an expired Visa?
What on earth makes you legal to work with an expired Visa?
shimul99
09-20 04:04 PM
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002. What is the way it suppose to be?
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
more...
texcan
09-14 06:58 AM
Out of the labor backlog that covers me,
Black as the Pit from pole to pole,
I thank whatever gods may be
For IV's unconquerable soul.
In the fell clutch of rules quagmire
I have not winced nor cried aloud.
Under the bludgeoning of chance
My career is bloody, but unbowed.
Beyond this GC pace of wrath and tears
Looms but the Horror of the delay,
And yet the menace of the rules
Finds, and shall finds me/us/IV unafraid.
Waiting in vain for Name check, Years wasted in pain
Though I know, I have never done nothing wrong
One day to be out of this nightmare is my hope
I know for sure without IV I cant cope
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate
I am the captain of my soul.
---------------------------------------------------
This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html
I made changes in original work. See if you all like it, and lets see how we can reference it.
I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html
Thanks for reading
Black as the Pit from pole to pole,
I thank whatever gods may be
For IV's unconquerable soul.
In the fell clutch of rules quagmire
I have not winced nor cried aloud.
Under the bludgeoning of chance
My career is bloody, but unbowed.
Beyond this GC pace of wrath and tears
Looms but the Horror of the delay,
And yet the menace of the rules
Finds, and shall finds me/us/IV unafraid.
Waiting in vain for Name check, Years wasted in pain
Though I know, I have never done nothing wrong
One day to be out of this nightmare is my hope
I know for sure without IV I cant cope
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate
I am the captain of my soul.
---------------------------------------------------
This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html
I made changes in original work. See if you all like it, and lets see how we can reference it.
I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html
Thanks for reading
2010 cute matching tattoos for best
srinivas_o
08-22 05:45 PM
BUMP
Anybody else knows any contact number other than 800 375 5283 to find out what document was mailed by USCIS????
Anybody else knows any contact number other than 800 375 5283 to find out what document was mailed by USCIS????
more...
enqueued
12-11 01:38 AM
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
hair The Tattoos!
gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
more...
gparr
October 24th, 2004, 06:12 PM
I visited the family farm again and did a series of shots of some of the deteriorated fence. Below are the four best of the effort. I would appreciate some feedback, particularly about composition.
Thanks,
Gary
Farm fence 1
http://www.dphoto.us/forumphotos/data/500/153fencerails.jpg
Farm fence 2
http://www.dphoto.us/forumphotos/data/500/153fencerail2.jpg
Farm fence 3
http://www.dphoto.us/forumphotos/data/500/153fencepoles.jpg
Farm fence 4
http://www.dphoto.us/forumphotos/data/500/153fencecorner.jpg
Thanks,
Gary
Farm fence 1
http://www.dphoto.us/forumphotos/data/500/153fencerails.jpg
Farm fence 2
http://www.dphoto.us/forumphotos/data/500/153fencerail2.jpg
Farm fence 3
http://www.dphoto.us/forumphotos/data/500/153fencepoles.jpg
Farm fence 4
http://www.dphoto.us/forumphotos/data/500/153fencecorner.jpg
hot cute matching tattoos for sisters. Matching Tattoo Ideas For Sisters.
katewill
08-18 01:51 PM
maybe traditional 140 go back in line? likewise how PERM caused BEC?
more...
house matching tattoos for sisters
coopheal
11-05 10:15 AM
Bump
tattoo hairstyles (tattoo designs
kabeer_g
08-10 04:12 PM
A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?
Thanks,
Dinesh
Thanks,
Dinesh
more...
pictures matching sister tattoos.
james_bond_007
12-07 02:21 PM
My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.
dresses Rose tattoo on sisters#39;s
eastindia
09-09 10:23 AM
Very good question. Depends on how one defines "Active":D
Some people can be awake while sleeping and some people can be sleeping while they are awake.
The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D
Some people can be awake while sleeping and some people can be sleeping while they are awake.
The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D
more...
makeup cute matching tattoos for best
anilsal
01-20 01:59 PM
everyone is excited about the new look. But not fun to see so many threads on the same. Maybe we can use one thread. :)
It is a free country. You can do as you wish. ;)
It is a free country. You can do as you wish. ;)
girlfriend matching sister tattoos.
aksaharan
08-07 08:18 PM
> Immigrants from ROW (Rest Of World) seem to be immune from it
Certainly not true for EB3
Certainly not true for EB3
hairstyles matching sister tattoos
Dhundhun
04-29 11:14 AM
Have you sent the renewal papers to the right location? If not, after Mar 26th receive date, the applications will be sent back to the applicant - to be sent to the correct lock box.
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.
visshy
09-29 05:08 PM
Card production ordered on 28th ! After infopass, faxing documents, contacting congressman twice, ombudsman....finally it was approved on 28th ...4 days b4 the expiry phew
chanduv23
10-09 06:54 AM
We have some excellent volunteers from Long Island and we would want more activity from this area.
Please volunteer for local meetings. PM me if you are interested, I will drive over to your place if we can gather enough crowd and do a meeting
Please volunteer for local meetings. PM me if you are interested, I will drive over to your place if we can gather enough crowd and do a meeting