gcgreen
08-12 01:12 PM
I do not know how feasible this is, but if in your employment letter, there is a description of responsibilities, and additionally a statement like: "The job being offered to XXX falls under O-NET classification 15-1031," then you are completely covered, because the employer is positing that the job being offered to you falls under that classification. Again, don't emphasize technologies etc., just the job description and mainly classification.
The AC21 language is very clear: "same or similar occupational classification"
It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.
Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)
As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
The AC21 language is very clear: "same or similar occupational classification"
It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.
Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)
As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.
In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.
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Jaime
05-26 09:36 AM
Mihird:
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
Those are good points. We are not all Indian or Chinese on this website and in my case I moved to the US because of insecurity in my country (got kidnapped twice). If I went back there I could have a top job with a top company (and have had many offers) but that is not a place where I'd like to raise a family.
Before the US I almost moved to China, but then I got the US job offer. I now have the Canada option, but I wouldn't mind moving to India. I have lots of Indian friends and I think Indians are easily one of the very nicest people in the world while being smart too (not conceited), plus they speak English. (Nothing against China, but it would take me at least 3 years to learns OK Chinese)
Anyone have any advice about finding a job in India? (I am serious) I have to have options since my home country is not an option, and in case Canada doesn't work for me. If anyone can give me information on moving to India I would really appreciate it. Thanks!
ThinkTwice
09-21 02:21 PM
LOLL .. Pappu .. man are you funny or what ...
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
2011 First BMW 1M interior pictures
yabadaba
06-27 02:50 PM
hey guys the main problem with digital cameras was that the images from them could be pixelated whn using a lower megapixel camera and/or printing from one of those home photo printers.
i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.
i would say use at least a 4 megapixel camera without any flash
i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.
i would say use at least a 4 megapixel camera without any flash
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buehler
06-19 08:00 PM
I doubt there is some thing like range fixed for lawyers. They can charge what ever they want. Asking those Q's will only cause more resentment than any thing else.
Yeah. We're not supposed to ask Questions like why are you charging me 3 times what other are charging? You are kidding right!!!
In this country, you have got to stand up for what you want. No one is going to give it to you on a platter.
Yeah. We're not supposed to ask Questions like why are you charging me 3 times what other are charging? You are kidding right!!!
In this country, you have got to stand up for what you want. No one is going to give it to you on a platter.
widad2020
06-12 09:28 PM
This report is just released: Very interesting comments
The U.S. retains its global pre-eminence in science and technology,with a big boost from foreign students,scientists and engineers, a RandCorp. report said.
U.S. Still Leads the World in Science and Technology; Nation Benefits From Foreign Scientists, Engineers
Despite perceptions that the nation is losing its competitive edge, the United States remains the dominant leader in science and technology worldwide, according to a RAND Corporation study issued today.
The United States accounts for 40 percent of the total world�s spending on scientific research and development, employs 70 percent of the world�s Nobel Prize winners and is home to three-quarters of the world�s top 40 universities.
An inflow of foreign students in the sciences -- as well as scientists and engineers from overseas -- has helped the United States build and maintain its worldwide lead, even as many other nations increase their spending on research and development. Continuing this flow of foreign-born talent is critical to helping the United States maintain its lead, according to the study.
�Much of the concern about the United States losing its edge as the world�s leader in science and technology appears to be unfounded,� said Titus Galama, co-author of the report and a management scientist at RAND, a nonprofit research organization. �But the United States cannot afford to be complacent. Effort is needed to make sure the nation maintains or even extends its standing.�
U.S. investments in research and development have not lagged in recent years, but instead have grown at rates similar to what has occurred elsewhere in the world -- growing even faster than what has been seen in Europe and Japan. While China is investing heavily in research and development, it does not yet account for a large share of world innovation and scientific output, which continues to be dominated by the United States, Europe and Japan, according to RAND researchers.
However, other nations are rapidly educating their populations in science and technology. For instance, the European Union and China each are graduating more university-educated scientists and engineers every year than the United States.
Policymakers often receive advice from ad hoc sources. Although their viewpoints are valuable, they should be balanced by more complete and critical assessments of U.S. science and technology, said report co-author James Hosek, a RAND senior economist. The absence of a balanced assessment can feed a public misperception that U.S. science and technology is failing when in fact it remains strong, even preeminent.
�There is a pressing need for ongoing, objective analyses of science and technology performance and the science and technology workforce. We need this information to ensure that decision makers have a rigorous understanding of the issues,� Hosek said.
Among the study�s recommendations:
Establish a permanent commitment to fund a chartered body that would periodically monitor and analyze U.S. science and technology performance and the condition of the nation�s science and engineering workforce.
Make it easier for foreigners who have graduated from U.S. universities with science and engineering degrees to stay indefinitely in the United States.
Make it easier for highly skilled labor to immigrate to the United States to ensure the benefits of expanded innovation are captured in the United States and to help the United States remain competitive in research and innovation.
Increase the United States� capacity to learn from science centers in Europe, Japan, China, India and other countries.
Continue to improve K-12 education in general, and science and technology education in particular.
The inflow of foreign students, scientists and engineers has been a key factor that has enabled the U.S. science and engineering workforce to grow faster than the U.S. is graduating native-born scientists and engineers, according to the report. Researchers found that foreign-born scientists and engineers are paid the same as native born, suggesting their quality is on par.
But a recent reduction in the cap on skilled immigrant visas (H1-B) has the potential to reduce the inflow of foreign science and engineering workers, and the report argues that curtailing the supply of these scientists and engineers can lead U.S. firms to outsource more research and development to foreign countries and locate new facilities overseas. Rather than protecting jobs, this could lead to reduced investment and employment at home.
Among potential weaknesses faced by the United States are the persistent underperformance of older, native-born K-12 students in math and science and the heavy focus of federal research funding on the life sciences versus physical sciences. Another unknown is whether an increasing U.S. reliance on foreign-born workers in science and engineering makes the U.S. vulnerable. In recent years, about 70 percent of the foreign scientists and engineers who receive PhDs from U.S. universities choose to remain here, but the stay rate could fall as research conditions and salaries improve abroad.
The RAND report was sponsored by the Office of the Under Secretary of Defense for Personnel & Readiness and conducted within the Forces and Resources Policy Center of the RAND National Defense Research Institute, a federally funded research and development center sponsored by the Office of the Secretary of Defense, the Joint Staff, the Unified Combatant Commands, the Department of the Navy, the Marine Corps., the defense agencies and the defense Intelligence Community.
The report, �U.S. Competitiveness in Science and Technology,� can be found at www.rand.org.
The U.S. retains its global pre-eminence in science and technology,with a big boost from foreign students,scientists and engineers, a RandCorp. report said.
U.S. Still Leads the World in Science and Technology; Nation Benefits From Foreign Scientists, Engineers
Despite perceptions that the nation is losing its competitive edge, the United States remains the dominant leader in science and technology worldwide, according to a RAND Corporation study issued today.
The United States accounts for 40 percent of the total world�s spending on scientific research and development, employs 70 percent of the world�s Nobel Prize winners and is home to three-quarters of the world�s top 40 universities.
An inflow of foreign students in the sciences -- as well as scientists and engineers from overseas -- has helped the United States build and maintain its worldwide lead, even as many other nations increase their spending on research and development. Continuing this flow of foreign-born talent is critical to helping the United States maintain its lead, according to the study.
�Much of the concern about the United States losing its edge as the world�s leader in science and technology appears to be unfounded,� said Titus Galama, co-author of the report and a management scientist at RAND, a nonprofit research organization. �But the United States cannot afford to be complacent. Effort is needed to make sure the nation maintains or even extends its standing.�
U.S. investments in research and development have not lagged in recent years, but instead have grown at rates similar to what has occurred elsewhere in the world -- growing even faster than what has been seen in Europe and Japan. While China is investing heavily in research and development, it does not yet account for a large share of world innovation and scientific output, which continues to be dominated by the United States, Europe and Japan, according to RAND researchers.
However, other nations are rapidly educating their populations in science and technology. For instance, the European Union and China each are graduating more university-educated scientists and engineers every year than the United States.
Policymakers often receive advice from ad hoc sources. Although their viewpoints are valuable, they should be balanced by more complete and critical assessments of U.S. science and technology, said report co-author James Hosek, a RAND senior economist. The absence of a balanced assessment can feed a public misperception that U.S. science and technology is failing when in fact it remains strong, even preeminent.
�There is a pressing need for ongoing, objective analyses of science and technology performance and the science and technology workforce. We need this information to ensure that decision makers have a rigorous understanding of the issues,� Hosek said.
Among the study�s recommendations:
Establish a permanent commitment to fund a chartered body that would periodically monitor and analyze U.S. science and technology performance and the condition of the nation�s science and engineering workforce.
Make it easier for foreigners who have graduated from U.S. universities with science and engineering degrees to stay indefinitely in the United States.
Make it easier for highly skilled labor to immigrate to the United States to ensure the benefits of expanded innovation are captured in the United States and to help the United States remain competitive in research and innovation.
Increase the United States� capacity to learn from science centers in Europe, Japan, China, India and other countries.
Continue to improve K-12 education in general, and science and technology education in particular.
The inflow of foreign students, scientists and engineers has been a key factor that has enabled the U.S. science and engineering workforce to grow faster than the U.S. is graduating native-born scientists and engineers, according to the report. Researchers found that foreign-born scientists and engineers are paid the same as native born, suggesting their quality is on par.
But a recent reduction in the cap on skilled immigrant visas (H1-B) has the potential to reduce the inflow of foreign science and engineering workers, and the report argues that curtailing the supply of these scientists and engineers can lead U.S. firms to outsource more research and development to foreign countries and locate new facilities overseas. Rather than protecting jobs, this could lead to reduced investment and employment at home.
Among potential weaknesses faced by the United States are the persistent underperformance of older, native-born K-12 students in math and science and the heavy focus of federal research funding on the life sciences versus physical sciences. Another unknown is whether an increasing U.S. reliance on foreign-born workers in science and engineering makes the U.S. vulnerable. In recent years, about 70 percent of the foreign scientists and engineers who receive PhDs from U.S. universities choose to remain here, but the stay rate could fall as research conditions and salaries improve abroad.
The RAND report was sponsored by the Office of the Under Secretary of Defense for Personnel & Readiness and conducted within the Forces and Resources Policy Center of the RAND National Defense Research Institute, a federally funded research and development center sponsored by the Office of the Secretary of Defense, the Joint Staff, the Unified Combatant Commands, the Department of the Navy, the Marine Corps., the defense agencies and the defense Intelligence Community.
The report, �U.S. Competitiveness in Science and Technology,� can be found at www.rand.org.
more...
vrbest
09-30 10:41 AM
Got CPO status email on 9/29 for my EAD. No changes for my wife and son.. looks like they will have to wait for some more time :confused:
Still pending... Just checking to see if there are many waiting like me
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
Still pending... Just checking to see if there are many waiting like me
NSC: July 3nd 2008
FP : Aug 1, 2008
LUD on AUG 3, 2008
Still pending approval..
What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...
2010 First BMW 1M interior pictures
kghoshal
11-16 11:17 PM
In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.
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lazycis
12-18 02:21 PM
Thanks to paragpujara for giving me the offical AC-21 Q/A memo. Thank you.
Quick question:
If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?
Do i have to show to USCIS that I started my new job after 180 days?
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
Quick question:
If I file AC-21 Memo to USCIS and I got laid off from my previous job 14 days prior to 180days and started the new job 14 days prior to 180days and the petitioner employer will not revoke I-140, will that cause any issue?
Do i have to show to USCIS that I started my new job after 180 days?
That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10
"Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."
hair Photo from:BMW M3 Coupe
yabayaba
08-21 12:20 PM
I am already started the process. Is it worth waiting for something would happen on visa recapture front in Lameduck session after mid term election?.Your thoughts on this?
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anai
08-19 10:36 AM
Does anyone have an LUD on 04/20/2008?
Yes, on the already-approved I-140. I am not sure if LUDs mean anything at all.
EB2-I.
PD: Nov 2004
RD: July 2007
ND: Sep 2007
Yes, on the already-approved I-140. I am not sure if LUDs mean anything at all.
EB2-I.
PD: Nov 2004
RD: July 2007
ND: Sep 2007
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amit79
04-08 09:09 PM
Man this sucks. I have been here for 6 years, got my Bachelors here, and now finishing my Masters. And now what awaits me is a damn lucky draw.
I seriously hope that the new bill gets approved, even if they don't approve the suggested 130K H1B quota, at least they should pass the clause of banning consultants from filing for H1B. The new bill suggests that only employers should be allowed to file for H1B and not third party consultants.
Damn touts.
Well good luck to everyone.
I seriously hope that the new bill gets approved, even if they don't approve the suggested 130K H1B quota, at least they should pass the clause of banning consultants from filing for H1B. The new bill suggests that only employers should be allowed to file for H1B and not third party consultants.
Damn touts.
Well good luck to everyone.
more...
house nose. mw-1m-rear.jpg
yabadaba
12-13 03:31 PM
once the comment period for the new rule eliminating labor substitution starts, I will start a new thread and start a letter writing campaign by like minded members urging DOL to quickly enforce this rule.
tattoo Bmw 1m White.
bharol
08-18 02:22 AM
how does one know NC is cleared? do you see an update?
If you were July/Aug filer, it does not matter even if it is not cleared...
...180 day rule, thanks to IV efforts.
If you were July/Aug filer, it does not matter even if it is not cleared...
...180 day rule, thanks to IV efforts.
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pictures 450-hp BMW 1M Coupe By
amitjoey
01-31 12:43 PM
I hope with this funding mechanism they could hire more efficient people and get things done fast.
rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.
rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.
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whitecollarslave
06-24 05:33 PM
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
From what I can tell, there was nothing scheduled for 23rd.
http://judiciary.house.gov/schedule.aspx
From what I can tell, there was nothing scheduled for 23rd.
http://judiciary.house.gov/schedule.aspx
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makeup BMW 1M | Road and Race
bluekayal
08-19 10:51 AM
--------------------------------------------------------------------------------
Category:- EB2
Nationality:- India
PD:- 08/2004 (TSC)
I485:-RD-08-07-2006/ND-08/16/2006
name check cleared as per IO
Category:- EB2
Nationality:- India
PD:- 08/2004 (TSC)
I485:-RD-08-07-2006/ND-08/16/2006
name check cleared as per IO
girlfriend BMW 1M Coupé.
abhidos37
08-22 12:48 PM
best of luck to you too
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permfiling
11-03 03:28 PM
I agree with you as I spoke with a friend who got his USC. His company got sold off after he got his GC in 2 months so joined another company.
axp817
07-07 06:56 PM
I missed this, will it be aired again, can it be viewed online?
Thanks,
Thanks,
icecolor
02-12 07:42 AM
You need to file form 4852. That is super easy and I have filed it once.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
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