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  #61 (permalink)  
Old 12-20-2015, 01:03 AM
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So USCIS wants to stay with employer another six months after we apply EAD. So this is like saying stay with employer another 1 yr and 3 months after rule passes. Should we send comments to change that ? Why do they need another 6 months ? Can they change that if we comment on this ?
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  #62 (permalink)  
Old 12-21-2015, 01:26 PM
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Dear Admin,

Per Foreign Labor Certification Data Center for Physicians:

They have 29-1064.00 Obstetricians and Gynecologists, 29-1065.00 Pediatricians, General, 29-1066.00 Psychiatrists, 29-1067.00 Surgeons, 29-1061.00 Anesthesiologists
Physicians who administer anesthetics prior to, during, or after surgery or other medical procedures.

The above are very specific.

Below are Physicians who practice Adult Medicine:

29-1062.00 Family and General Practitioners
Physicians who diagnose, treat, and help prevent diseases and injuries that commonly occur in the general population. May refer patients to specialists when needed for further diagnosis or treatment.

29-1063.00 Internists, General
Physicians who diagnose and provide non-surgical treatment of diseases and injuries of internal organ systems. Provide care mainly for adults who have a wide range of problems associated with the internal organs.

29-1069.00 Physicians and Surgeons, All Other
All physicians and surgeons not listed separately.

A specialist say Pulmonologist ( Board Certified in Internal Medicine - so can always be Internist or General Practioner and is Board Certified in Pulmonary Medicine with further training) and works as Pulmonologist. He will be 29-1069.00 Physicians and Surgeons, All Other.

After few years he decides he/she wants to practice as General Internist ( he is qualified being board certified in Internal Medicine which is a prerequisite before one can become specialist as int his case Pulmonary). Now he/she will be 29-1063.00 Internists, General.

I want to be sure that above will be covered under "Same and Similar".

Physicians practicing Medicine will use only these 3 - switching between these 3 for specialist who is board certified in Internal Medicine/Family Medicine and then board certified in a speciality say Pulmonary or Endocrine will be covered under "Same and Similar".
29-1063.00 Internists, General,
29-1069.00 Physicians and Surgeons, All Other
29-1062.00 Family and General Practitioners

Thanks.
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  #63 (permalink)  
Old 12-24-2015, 02:51 PM
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Lets not stuck in the classification and codifcation system when you dont have control over it.

We are legal worker & that is our classification. Lets concenrate on efforts to get support for our fight. This country is based on immigration & worker like us.

Lets work together for I 140 EAD !!
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  #64 (permalink)  
Old 12-28-2015, 05:26 PM
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From Oh Law website...

USCIS proposes to add "Supplement J" to form I-485 to prove:

1) Same employer: the job offer still exists (for non-porting case where I-140 was approved long ago before filing I-485)

OR

2) New employer: When the beneficiary is requesting 204(j) portability based on same or similar after 180 days of filing I-485

More paperwork to use 204(j). Yes, you have to prove the new job is same or similar.

http://www.reginfo.gov/public/do/PRA...01511-1615-006
HTML Code:
http://www.reginfo.gov/public/do/PRAICList?ref_nbr=201511-1615-006
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  #65 (permalink)  
Old 12-28-2015, 05:35 PM
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Quote:
Originally Posted by DMX17 View Post
From Oh Law website...

USCIS proposes to add "Supplement J" to form I-485 to prove:

1) Same employer: the job offer still exists (for non-porting case where I-140 was approved long ago before filing I-485)

OR

2) New employer: When the beneficiary is requesting 204(j) portability based on same or similar after 180 days of filing I-485

More paperwork to use 204(j). Yes, you have to prove the new job is same or similar.

http://www.reginfo.gov/public/do/PRA...01511-1615-006
HTML Code:
http://www.reginfo.gov/public/do/PRAICList?ref_nbr=201511-1615-006
This will make sense only if there is no need to restart GC on employer change OR on office change ( same employer ) ... else this is a step back from status quo ...anyways lets wait for full details
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  #66 (permalink)  
Old 12-28-2015, 06:23 PM
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And looks like this new form J, will be applicable to the thousands of us in backlogged EB3I?
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  #67 (permalink)  
Old 12-28-2015, 07:24 PM
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Quote:
Originally Posted by rohan_vus123 View Post
This will make sense only if there is no need to restart GC on employer change OR on office change ( same employer ) ... else this is a step back from status quo ...anyways lets wait for full details
This Supplement J would be for all those people who have filed or will file I-485 and may be looking to chance job in the current context of Same/Similar memo. USCIS might issue an RFE too even if there is no job change involved asking for Supplement J.

Let's not mix up things with the highly awaited "AC21 Regulation". No one knows yet what is in it wrt I-140 remaining valid and ability to chance jobs albeit on the highly sought after H-1B visa.

I have adjusted to possibility of re-starting my GC process (that would be my 3rd time) on employment change*. Lawyers love me for that

Personal opinion and no inside info
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  #68 (permalink)  
Old 12-29-2015, 12:39 PM
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Isn't the EVL RFE serve the same purpose? Or should we think that if we file form J then we will not get EVL RFE. It is such a never ending mess.
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  #69 (permalink)  
Old 12-29-2015, 12:54 PM
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Quote:
Originally Posted by Madhuri View Post
Isn't the EVL RFE serve the same purpose? Or should we think that if we file form J then we will not get EVL RFE. It is such a never ending mess.
The EVL RFE will be replaced by this new thing when implemented. Unless you are changing job to same/similar job, you will only be required to submit this when issued an RFE. On a job change, you will have to send this proactively and the new employer will have to agree to do this paperwork and provide supporting info. Let's wait for the official alert from USCIS on what they want to us to do before giving the green card (if ever).
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  #70 (permalink)  
Old 12-29-2015, 01:43 PM
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Quote:
Originally Posted by DMX17 View Post
The EVL RFE will be replaced by this new thing when implemented. Unless you are changing job to same/similar job, you will only be required to submit this when issued an RFE. On a job change, you will have to send this proactively and the new employer will have to agree to do this paperwork and provide supporting info. Let's wait for the official alert from USCIS on what they want to us to do before giving the green card (if ever).
I think it will be helpful in cases where a person has changed jobs after 180 days of I-485 filing and the old employer closes business due to any reason including fraud, but not of the employee's fault. Currently, USCIS rejects I-485 AOS in such cases even after 180 days since a I-140 revoked due to fraud even after 180 days of I-485 filing seems to be "never existing"...

for example, the recent "Rajashekaran vs USCIS" case.
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  #71 (permalink)  
Old 12-29-2015, 01:45 PM
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Quote:
Originally Posted by foia View Post
I think it will be helpful in cases where a person has changed jobs after 180 days of I-485 filing and the old employer closes business due to any reason including fraud, but not of the employee's fault. Currently, USCIS rejects I-485 AOS in such cases even after 180 days since a I-140 revoked due to fraud even after 180 days of I-485 filing seems to be "never existing"...

for example, the recent "Rajashekaran vs USCIS" case.
I was referring to this case:

Rajasekaran v. Hazuda, No. 14-3623 (8th Cir. 2015) :: Justia
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  #72 (permalink)  
Old 12-29-2015, 01:46 PM
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Quote:
Originally Posted by DMX17 View Post
The EVL RFE will be replaced by this new thing when implemented. Unless you are changing job to same/similar job, you will only be required to submit this when issued an RFE. On a job change, you will have to send this proactively and the new employer will have to agree to do this paperwork and provide supporting info. Let's wait for the official alert from USCIS on what they want to us to do before giving the green card (if ever).
What is getting on to my nerve is, they don't worry about the folks who get their greencard in a years time changing jobs in less than 2 years from the state of the gc application. But they want to add all these regulations on people waiting patiently for decades. The wait is not because they have to upgrade their ability or pass a certain test, but just because there are people ahead of you from that specific country. Shameful...

Alas, no amount of crying or yelling is going to help us in this. Everyone understands what is going on, and all of them want to profit from this situation. But what is startling to me is, in the name of modernization, all they are doing is tightening the leash, probably to make the dogs realize they are dogs.
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  #73 (permalink)  
Old 12-29-2015, 04:20 PM
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Quote:
Originally Posted by Madhuri View Post
Isn't the EVL RFE serve the same purpose? Or should we think that if we file form J then we will not get EVL RFE. It is such a never ending mess.
This is very similar to the EVL RFE. I guess they took that section made it into a form. It asks for Title, duties, salary, FT position etc etc. The only difference I see is that it asks for organization details such as Annual income!!!

So looks like we need to file this every time when job change occurs after 485 is pending for 180 days. In the past if AC21 was invoked, there was no need to notify USCIS. With this, are they make it mandatory to file any change in employment!!
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  #74 (permalink)  
Old 12-31-2015, 02:24 AM
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Drafted rule of 180 pages said nothing about H1 / L1 freedom. It is all about filling H1/L1 & PERM/I140.

This was the most anticipated event after decade of wait & turn out to be just (.) in anothe Dot.

Now we know what we are getting, we should act together to get what we "American wokers " deserve.

IV we are waiting for action for us. With IV , we will win freedom for all of us.
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  #75 (permalink)  
Old 12-31-2015, 04:08 AM
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Default IV - please clarify requirement for new PERM/I-140

Hi IV,

Will really appreciate if you can clarify if a new PERM/I-140 will be needed if somebody moves on H1B. I am not convinced how the lawyers are interpreting it.

https://s3.amazonaws.com/public-insp...2015-32666.pdf - trying to interpret this particular section on page 65/66:

Such a petition, however, cannot on its own serve as the basis for obtaining an
immigrant visa or adjustment of status as there is no longer a bona fide employment offer related to the petition. Id. In such cases, the beneficiary will need a new immigrant visa petition approved on his or her behalf, or a new offer of employment in section 204(j) portability cases, in order to obtain an immigrant visa or adjust status.

The references to "such a petition" and "In such cases" is for the scenario where the Employer has revoked the petition or has gone out of business. I interpret it as below:

When the priority date become current:

1) If original I-140 is not revoked (and employer has not gone out of business) - one can file AOS without the need for new PERM and I-140. New I-485 Form J will need to be attested by new Employer.
1.1) After 180 days pass from the filing of I-485 and if I-140 is still not revoked (and original employer still in business), All good - will not need to file another PERM/I-140 even if I-140 is subsequently withdrawn.
1.2) If I-140 is revoked (or employer goes out of business) before 180 days have passed since I-485 filing, need new PERM and I-140.

2) If original I-140 revoked (or employer has not gone out of business) - one CANNOT file AOS without new PERM and I-140 as revoked I-140 represents there is no longer a bona fide employment offer related to the petition.

Your guidance will be much appreciated as it will help avoid people putting incorrect comments during the comment period, starting tomorrow.
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