Visa Bulletin – March 2024

March Visa Bulletin for the FY 2024 was released few days. Here are key insights and updates to it with some predictions.

How to use Demand Data to calculate EB3 to EB2 Porting?

As per visa allocation each year under each category, USCIS/DOL should use 233 visas every month for EB2-India. Normally this should reduce demand by 233 every month. Since we are not seeing any reduction in demand data, it suggests that there are many individuals who are upgrading their case from EB3 to EB2. So what is the rate at which EB3 to EB2 porting is happening? Simple Calculations that could be used to estimate this is ...

EB3 to EB2 Porting with same employer: Not a good idea

These days it is been topic of the town for Indian nationals to port their priority date from EB3 to EB2 category. So far this totally makes sense. This could tremendously reduce the wait time for an individual to receive a green card. But an individual and his employer should be very careful while taking this step if they are planning to port the case with a same (current) employer. There are rumors that many employers are upgrading their employees’ petition from EB3 to EB2 category just to retain their employees.

I-485 Case Tracker for PDs 'Current'

We have released new I-485 case tracker for cases that are 'Current' today. Please use this tracker to enter details of your application and case status. Please fill in as much details as possible and edit the tracker as and when you will get more information on your application status. Use this tracker to see if PDs that has recently became current are getting approved

January 2012 I-485 Pending Inventory - EB Category Visa Use

USCIS released I-485 pending inventory upto 12 January 2012. Please note this inventory is only for Service Centers and Field Offices, and does not contain consular processing cases. Dependents are included. Here is a summary of the I-485 inventory when compared to October 2011 Inventory. This inventory is used to estimate the visa use during Q1 of FY 2012 and Projected Demand for FY 2012.Please note that one fallacy to using inventory to estimate demand is that it will not consider cases approved in less than 90 days.

EB Category Roll-Over and PWMB Demand: I-485 Receipt Data

We analyzed I-485 Approvals and Receipts for FY 2011 to estimate carry-over demand from FY 2011 in EB category. We also used this data in conjunction with USCIS I-485 Performance data and I-485 representative filings from June to September 2011 at trackitt to estimate People Who Missed the Boat (PWMB) demand for EB2-IC upto September 2011 that may start consuming visa numbers from FY 2012 annual allocation and/or spillover.

Prediction for EB2 Category for FY 2012

Here is the Prediction for EB2 Category cutoff date retrogression for Fiscal Year 2012. Basis for this prediction is simple calculations (see below) which is done based on available data i.e. PERM data published by DOL, I-485 Inventory data, latest trend on Trackitt for EB1 & EB2 cases and other published data by USCIS. Demand data for each dependent category is predicted and explained in calculations below. This data is further used to calculate spillover that would be available for EB2 category. Retrogression is estimated based on visa allotment available each year for each country and total spillover that is expected in FY 2012. In each case, Optimistic, Realistic and Worst-Case scenario is estimated.

Green Card Calculator - Employment Based

As per recent demand data released until September 01, 2011 on EB I-485 inventory, here is the 'Green Card' calculator for Employment- Based category that tells an individual how many I-485 applicants are there before them in the queue under their filed preference category. Beyond this, calculations are extended to predict how many years will it take an individual to receive a green card. In addition, you can put an assumption for a spillover that your category and country would receive every year and see how this changes the scenario.

What to do once Priority Date (PD) becomes current?

A very commonly asked question by fellow petitioners is the step by step process that they should follow after an individual’s Priority date will become current. Please read this article to check on next steps and required I-485 documents.

I-485 Primary & Secondary Evidence - Country Specific

Commonly asked question is what to do when primary evidence of birth, marriage, divorce etc is not available. Here is the country specific I-485 Required documents for (AOS) or (CP). Immigration officers or Adjudicators are asked to refer to the list below before making any decision on RFE or NOID in case primary evidence is not submitted or established. Please select your country from the drop-down list to see specific secondary evidence and documents.

EB2-India & China I-140 Demand (Yearly) based on DHS Released Report

DHS on 29th December 2011 released a Citizenship and Immigration Services Ombudsman's recommendation to improve the quality in Extraordinary Ability and Other Employment based petition adjudication document. We used this data to deduce I-140 demand for EB2-India and China.

EB2-IC Movements FY 2012 - Mr. Oppenheim's thinking?

We looked into if there is any analytical correlation between movements that Mr. Oppenheim did last year for Family Based Category (F2A) and current movement that we saw with EB2-India and China for Employment Based Category. Is there any correlation or equation or factor that can determine how Mr. Oppenheim would think in absence of demand or visible demand in case number of filings that he is receiving or available adjudicated case cases are less? That is when we started digging into this.

AC21 Portability - FAQs and Sample Letters to USCIS

Some people suggests that sending letter to USCIS on job change after invoking AC-21 portability is not required. But this is a gray area, and no one knows it better if USCIS should be informed when individual would invoke an AC-21 portability to change job once applicant's I-485 is pending for more than 180 days with USCIS.

Understanding Section 245(k) to use it for Derivative applicants after Primary’s I-485 approval

Common question asked by many primary I-485 applicants who had previously filed I-485 Adjustment of Status (AOS) application, which is still pending with USCIS, is about adding their spouses or children (derivatives) to their pending I-485 application. At this point there is always a concern among the petitioner that their case will be approved before their derivatives application

July 2012 Visa Bulletin Predictions - EB Category

Here is the prediction for July 2012 Visa Bulletin. We should see following movements in each category as long as USCIS/DOL would use visa numbers as per statutory allocations.

EB2 India & China - What to expect in FY 2012?

Cut-Off Dates has reached PD 15th April 2007 for EB2-India and China for FY 2011 in September bulletin, now what can we expect for FY 2012?. We have some analysis to estimate movement in FY 2012. This is very rudimentary as of now and can change as FY 2012 will progress.

EB3 ROW-Mexico-Philippines - What to expect in FY 2012?

For FY 2012, EB3-ROW-M-P is expected to move together similar to the movement that was seen for FY 2011. Based on available I-485 inventory, last released demand data, and hidden demand (or Consular Processing demand) that was observed in FY 2011, total EB3-M-P demand until ....

How to know if old I-140 has been revoked by previous employer?

If an individual filing a green card under employment-based category has changed job and now planning to port priority date from previous filed Labor certification, he/she will at least need an approved I-140 from previous employer to recapture priority dates. This I-140 should not be revoked and still active.

Understanding Visa Bulletin Cut-Off Date Determination

The State Department (DOS) is responsible for the allocation of numerically limited immigrant visa numbers under the authority granted by section 203 of the Immigration and Nationality Act (INA). These visa numbers are allocated based on congressionally mandated preferences that assign an overall total, limits for each category and per country limits within each category. Here is a quick Memo on the steps involved.

'Hard' vs 'Soft' LUD - How to use it to track your case status with USCIS?

If you heard people talking about keeping track of 'Soft' and 'Hard' LUDs on forums and other websites, and wondered what it is, now you can understand what is LUDs and how you can use them to track any activity on your petition that is pending with USCIS.

How to Obtain an Emergency Advance Parole (AP) Document?

If your current status is Adjustment of Status (AOS) Pending and you are currently working on EAD, it is very important that you renew your Advance Parole (AP) document in timely manner, well in advance. If an individual leaves a country under AOS pending status with their AP application pending or AP document due expire when they are traveling outside of country, they will abandon their status in United Status. Subsequently their I-485 application will be denied.

People Who Missed the Boat (PWMB) during July 2007

Question was asked in the comment section that how would applications with Priority date before July 2007 who could not file in July 2007 would affect EB2-IC movement for FY 2011. These people are commonly referred as "People Who Missed the Boat (PWMB)" by some people. We earlier thought that these numbers will small percentage of the whole group. But careful analysis of PERM data suggests that these numbers are significant when you will include primary + dependents (assuming a family would consume 2.5 visas) applications.

EB3 to EB2 Porting Calculations - Part III

We have a poll on EB3 to EB2 Porting which is up since last week of February 2011, and till-date we have received '445' votes. Results has been consistent through out the poll for the last two months. It suggests that the general trend or distribution of individuals with different PD that are porting has not changed from day to day regardless of number of votes received.We are convinced that this will be a general trend for rest of the current year regardless of porting numbers. Calculations are further extended to extrapolate real world numbers.

H1B FY 2012 CAP Count & Predictions

As per recent release by USCIS, regular cap has utilized till date 11,200 visas and Masters quota has utilized 7,900 visas as of 13th May 2011. It is interesting to see that H1B visa under Master Cap has utilized more than 35% of the quota. As of now number of petitions increased from last week is 1,600. Based on past months trend, regular cap can reach by 27th January 2012 and Masters Cap by 30 September 2011.

H1B FY 2012 : List of Disqualified Employers

H1B FY 2012 season will be here soon. It is advisable that the prospective aspirants for H1B FY 2012 should be aware of the debarred or disqualified employer for this season. Please make sure you do not become a bait to any of these employers for your H1B filing. These employers are willful violator employer and are black-listed.

PERM Processing Time Starts to Slump

DOL recently released current PERM processing times. It looks like fire-sale is almost over and PERM processing time will again start creeping towards 1-2 months wait or more in coming months. 5 days approval will be a history. Temporary Government shutdown is still not in effect and this will delay the processing time further when some decision about it will be made during April 8, 2011. The Senate votes to fund the federal government through April 8. But the stalemate over 2011 spending remains, and no one wants to pass another short-term stopgap. Is the stage now set for a government shutdown next month is yet to be known.

Document on Tax Exemption for OPT Students and Students on F1B visa

Document or proof stating that OPT students are not required to pay Social Security Taxes and Medicare tax. You can share this with your employer

What is H1B 'CAP Exempt' visa?

Most of the international students after graduation would focus their attention to find a job in corporate world. But it is always difficult to find an employer who will be ready to sponsor your H1B visa. If you are lucky, you may find an employer who is willing to sponsor your work visa, but could not do it because quota is not available at that time or if quota is open, is worried that he may have to wait until start of fiscal year in October before you could begin working for him. What are other options in such case? Well in this case, you can opt for working for organizations that are exempted from H1B visa regular cap quota.

Showing posts with label I-140. Show all posts
Showing posts with label I-140. Show all posts

Saturday, December 31, 2011

EB2-India & China I-140 Demand (Yearly) based on DHS Released Report

Posted On Saturday, December 31, 2011 by Rav 32 comments

DHS on 29th December 2011 released a Citizenship and Immigration Services Ombudsman's recommendation to improve the quality in Extraordinary Ability and Other Employment based petition adjudication document (thank you to our reader who pointed to this release) - http://www.dhs.gov/xlibrary/assets/cisomb-recommendation_extraordinary_ability_petitions.pdf.

Some of the important relevant information can be found on Page 6 of the document which has plots for I-140 EB1 and EB-2 adjudications, including receipts and approvals for the Texas (TSC) and Nebraska (NSC) Service Centers. Report suggests that USCIS has experienced a slight downturn in EB-1 and EB-2 filings over the past five years for both EB-1 and EB-2 (note report does not include National Interest Waiver petitions), with approval and denial rates remaining consistent.

Key point to note here are - 
  • EB1-A and EB1-B has high rate of denial rate, around 40% to 60% respectively. 
  • EB2 I-140 approval rate is close to 100%
  • Respective I-140 filings for each fiscal year 2008, 2009, 2010 and 2011.
  • EB1 majority demand comes from EB1-C and not from EB1-A and EB1-B. Those filings do not look enormous.
Based on I-140 receipt data  and 100% approval rate for EB2 petition, we tried to deduce some I-140 demand for PD 2008, 2009 and 2010.

EB2-India & China I-140 Demand based on released data

First of all we started after taking into account the PERMs that were approved for the FY 2008, FY 2009 and FY 2010.

Table I

We know from past analysis that usual break down of PERMs are 65%-35% for EB2-EB3 for India and China, and 50% for EB2-ROW-M-P.  Based on this assumption and 100% approval rate, total I-140 demand for PERMs filed each fiscal year as follow.

Table II
 If we now compare this data with recently released DHS document -http://www.dhs.gov/xlibrary/assets/cisomb-recommendation_extraordinary_ability_petitions.pdf. ; then I-140 Receipt numbers come very close to that suggested in above table. Approvals per released DHS document is as follow:


Table III
Reason for difference in two numbers can be accounted based on
  • First of all data is based on PERM approvals and some of demand from past fiscal year will roll-over into current fiscal year I-140 demand due to time lag between approval of PERM and filing of I-140s
  • Our assumption of 65% and 50% is flat and there may be a difference month to month.
  • Please note NIW applicants do not have to file PERM and hence that difference in negated here. 
In addition to above numbers we should remember that lot of PERM cases that were filed with PD 2008 and PD 2009 were audited  and were later approved in FY 2011. Few cases were approved in FY 2010 but we will neglect it for time being. If we will look at the EB2-IC and EB2-ROW-M-P breakup for FY 2011, we can see demand from PD 2008 and PD 2009 that will come from approvals in FY 2011.

This data comes from these articles
a) FY 2011 Q1-Q2 PERM data
b) FY 2011 Q3 PERM Approvals
c) FY 2011 Q4 PERM Approvals


Table IV
 Please note that from above table it is difficult to deduce EB2 I-140 Receipts of 39000 reported in DHS document. Our estimation only shows 21,034 receipts. This is still a mystery to us.

EB2-India & China demand based on Priority Date
To calculate this for now we can neglect the difference that we see in DHS I-140 Receipts data (Table II)  and I-140 demand data from PERM approvals (Table III), then we can roughly estimate total EB2-IC I-140 demand for each fiscal year just by using Table II. In order to capture FY 2011 approvals for old priority dates, we will add EB2-IC demand for each fiscal year to respective approvals in FY 2011. Based on above calculations, estimate for EB2-IC I-140 demand is  (in red)


Table V

Some key points to note
  •  I-140 Receipt demand will always lag PERM Approval times.
  • Difference between 29000 - 27588 = 1412 from Table II and Table III can account for some demand before October 2007.
  • It is assumed that most of the cases for certain priority date is approved in same fiscal year, so total demand upto end of FY 2010 will be same but real numbers for each  PD may be off depending upon PERM approval time within that fiscal year.
  • These calculations do not consider any abandon cases due to individuals leaving country, getting lay-offed or re-filing due to long audit processing time, multiple PERM factors or double filings within a family. You can assume anything from 65%-85% for this as a multiple PERM factor.
  • This data does not consider any EB3-EB2 portings.
  • You can multiply this demand by 2.0 to 2.25 based on dependent factor to get estimate of I-485 demand.


 EB2-India & China I-485 demand based on Priority Date

 To above numbers you can add 8000 visa numbers that was approved for this fiscal year. Also add demand from August 2007-September 2007 plus 4000-5000 PWMBs overall and then based on your estimation of spillover calculate cut-off date on retrogression.


My take will be the option Multiple PERM factor of 75%.
EB2-IC demand , August-September 2007 from PERM data = 4,000
All PWMBs =                                                                             4,500
EB2-IC Approvals for backlogged cases =                                8,000
Demand until Sep 2008 =                                                         25,233
__________________________________________________________
Total I-485 Demand upto September 2008 =                           41,733 

Spillover + annual limit expected at most can be around   28,000

Cut-off Dates for this year can hover around March-June 2008 after retrogression for the best scenario.


Sunday, July 10, 2011

I-140 and I-485 Approval Rate and Updated GC Calculator

Posted On Sunday, July 10, 2011 by Rav 0 comments

Here is the summarized information on annual I-140 and I-485 percentage approval rate for different service centers. This data is solely taken from published data on website - http://www.immigrationwatch.com/uscis-processing-statistics.html ,and is just tabulated and presented here in different format. We have updated our green calculator to include I-140 conversion rate based on this data, Green Calculator, thus will not assume 100% I-140 approval rate for approved PERMs . This conversion rate is only used for calculation for any cut-off dates which are beyond July 2007.  For any priority date which is after or on October of the particular year, calculator will use the percentage approval rate value from the next year, thus assuming PERM approval time of 90 days.

Tabulated list below also considered volume of applications received at NSC and TSC in order to arrive at average I-140 and I-485 approval percentage, and succesively used those values to calculate 'rolling successive percentage'. Green Card calculator will use 'rolling successive average' to arrive at reduced number of applicants before your priority date to calculate estimated wait time. System will recommend I-140 conversion rate for each priority date.

I-140 conversion rate is also an 'USER ENTERED' entry where you can input values in 'Percentage' only. For e.g. If you will assume percentage as '75', entered value should be '0.75' or '75%'.

I-140 and I-485 Approval Rate for diffferent Service Centers


Click Picture to Enlarge

Click Picture to Enlarge

 




Saturday, April 23, 2011

Sample I-140 Experience Letter

Posted On Saturday, April 23, 2011 by Rav 3 comments


Common question that is asked during I-140 filing is about sample experience letter format. Please find below an sample of a such experience letter. USCIS prefers that an individual should provide an experience letter on a company's letter head. Experience should be provided preferably by your past supervisor or manager. Experience letter by previous colleagues are acceptable but do not provide enough weightage. If it is not possible to provide experience letter on a company's letterhead, letter could be provided on a plain paper (should be notarized) which is duly signed by a refrencee in front of a notary. Providing notarized experience would require submitting more letters from past colleagues or supervisors, and in future could call for more RFEs. Number of experience letters provided should be just enough to validate the job requirements of the certified LC or PERM. Please do not provide any extra non-pertinent experience letters.


Sample I-140 Experience Letter

------------------------Company's Letter Head----------------------------------------


TO Whomsoever it may concern

Date:

This is to confirm that
[applicant name] was employed as [position] with [Previous company name] from [date join] through [date end] working [ --hr/week] as a [full-time or part-time] employee.

I
am familiar with Mr./Ms. [applicant]'s duties, because I am/was serving at [company name] from [date start] through [current/date end] in the position of [position of person who is giving reference]. In this capacity, I had responsibility for monitoring Mr./Ms. [applicant]'s activities during his tenure at [company name].

His duties during this time included:

-Copy the responsibilities from labor application +

Thank you very much for your consideration.


Sincerely,


[person providing reference]

[position]

[company]
[Email Address]
[Phone Number]



Interfiling I-485 after Sucessfully Porting from EB3 to EB2

Posted On Saturday, April 23, 2011 by Rav 17 comments

This post explains the current procedure for interfiling I-485 once you have successfully ported your Priority Date from previously approved I-140 and your old I-485 is still pending with USCIS.

Procedure to Transfer Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition

This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application. However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. This is called "Interfiling".


Interfiling Procedure

For this to happen successfully, two conditions must be met:

(1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested.

(2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. As long as the PD is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.

According to the USCIS, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:

  • Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Priority Date Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The USCIS states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter."
  • Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): USCIS asks to print the cover sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
  • Name of 485 applicant
  • Name of I-140 petitioner (employer)
  • I-485 Receipt Number
  • "A" Number of the 485 applicant
  • Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date+ New I-140 to be inter-filed
  • Statement requesting new I-140 be inter-filed with the pending I-485 application.
These procedures may be particularly helpful to individuals whose has recently ported from EB3 to EB2 and would like to send an interfile letter on their own to transfer pending I-485 application to newly approved I-140 cases.


Thursday, April 7, 2011

F.A.Q on AC21 portability and Similar Job Classification

Posted On Thursday, April 07, 2011 by Rav 0 comments

Introduction

Section 106(c) of AC21, commonly known as the job flexibility provision, was enacted as Immigration and Nationality Act (INA) section 204(j). This portion of the INA is provided below for convenience:

A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

This section of law allows certain aliens to change or port the offer of employment on which their adjustment of status application is based from one job to another job as long as both jobs are in the same or similar occupational classification. Within these questions and answers, the term “port” or “porting” means to change the offer of employment from one job to another job in a way that allows an applicant to remain eligible to adjust status without having to file a new I-140 immigrant petition. For an alien to change the offer of employment, his or her adjustment of status application, Form I-485, must have been pending with USCIS for 180 days or more.

Questions and Answers

Q1. What is an “occupational classification”?
A1. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. The purpose of the SOC system is to classify workers into occupational categories to organize occupational data. The SOC system covers all occupations where work is performed for pay or for profit. Occupations are categorized based on the type of work performed. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job.

The SOC system is organized using codes, which generally consist of six numerical digits. For example, the SOC code for a stonemason is 47-2022.

  • [47]-2022: The first two digits, “47” represent the major group, which includes all construction and extraction occupations.
  • 47-[2]022: The third digit, “2” represents the minor group, which includes all construction trade workers.
  • 47-2[02]2: The forth and fifth digits, “02” represent the broad occupation, which includes brickmasons, blockmasons, and stonemasons.
  • 47-202[2]: The sixth digit, “2” represents the detailed occupation, which only includes stonemasons.

47-0000 Construction and Extraction Occupations
47-2000 Construction Trades Workers
47-2020 Brickmasons, Blockmasons, and Stonemasons
47-2022 Stonemasons

No occupation will be assigned to more than one category at the lowest level of the classification (sixth digit). A USCIS memo titled, Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (December 27, 2005 AC21 Memo) instructed USCIS officers to consider the Dictionary of Occupational Titles (DOT) code as part of the same or similar occupational classification analysis. The DOT has been replaced by the Occupational Information Network (O*NET) under the sponsorship of DOL’s Employment and Training Administration (ETA). The O*NET system relies upon the SOC codes.

Q2. How does USCIS determine what qualifies as a same or similar occupational classification?
A2. USCIS generally makes a determination as to whether one job is in the “same or similar” occupational classification as another by referring to the DOL’s SOC system. USCIS officers also consider multiple factors to conclude if two jobs are considered to be in similar occupational classifications for porting purposes (see above question for definition of “porting”). USCIS officers may compare factors including, but not limited to:

  • The job duties of both positions
  • The SOC code from the Immigrant Petition for Alien Worker (Form I-140) and the appropriate SOC code for the new position
  • The wages associated with each position

USCIS officers will view the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes.

Q3. Does USCIS only use the first two or the first three numbers of the SOC code to determine if two occupational classifications are same or similar?
A3. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer.

When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. However, there is no hard and fast rule for matching any particular order of digits in two SOC codes.

In the example in Q.1, the “47” encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar.

For example, the SOC code for a stonemason is 47-2022. The job description for a stonemason is:

Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors.

The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemason’s SOC code (47-20). However, the job description for a boilermaker is significantly different from that of stonemason:

Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Assist in testing assembled vessels. Direct cleaning of boilers and boiler furnaces. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines.

Q4. The December 27, 2005 AC21 Memo states that a discrepancy between the wages of two jobs may be used to decide if the two positions are the same or similar, but the memo also states that a difference in the wages of the two jobs cannot be used as the sole basis for denial in adjustment of status portability cases. Can USCIS provide further explanation on how wages are used to determine whether two jobs are in the same or similar occupational classification?
A4. Section I, Question 3 from the December 27, 2005 AC21 Memo provides USCIS officers with the flexibility to consider a “substantial discrepancy” in the wages offered in two positions to assist them in deciding if the two jobs are in the same or a similar occupational classification. A “substantial discrepancy” in the wages of the two jobs may be a contributing factor in a denial when the evidence is considered in its totality. However, a USCIS officer should not deny a case solely because a second position pays more or less than the original.

Section 1, Question 5 from the December 27, 2005 AC21 Memo references a “difference” in the wages to inform both USCIS officers and the public that a difference in wages should not be used as the sole basis for a denial. This means there can be an allowance for normal raises that occur through the passage of time to account for inflation and other factors such as higher rates of pay in different metropolitan locations.

Q5. Can I accept a different position or receive a promotion from my employer and remain eligible to adjust my status to permanent residence?
A5. USCIS will evaluate these situations on a case-by-case basis. The job duties for each position, the SOC codes for each position, and any differences in the wages will be the determining factors as to whether you remain eligible. Regardless of whether the new job is considered a demotion, a lateral move or a promotion within the company for which the beneficiary is employed, the job duties must be sufficiently similar. USCIS officers will view the totality of the circumstances in light of the congressional intent, expressed in INA section 204(j), as enacted by 106(c) of AC21, to facilitate job mobility within the same or similar occupational classification for qualifying aliens with long-pending adjustment applications.


Last updated:04/07/2011


Source - USCIS


Sunday, April 3, 2011

Texas Service Center Premium Processing Unit Sends Old I-140 Receipt Acceptance Email Notices

Posted On Sunday, April 03, 2011 by Rav 0 comments

On April 1st 2011 many petitioners received case acceptance email, SMS or online change of status from the Texas Service Center for the I-140 cases that were already approved, denied, currently has RFE or are either currently in Initial Review status. This is true for the I-140 cases that were filed under premium processing as far back as March 2010.

Example of I-140 Email Notice

The emails (delivered on April 1, 2011) look something like this:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: SRCxxxxxxxxxx

Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Your Case Status: Acceptance

On April 1, 2011, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER and we e-mailed you a notice describing how we will process your case. Please follow any instructions on this notice. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.


During the acceptance step USCIS reviews newly received applications and petitions to ensure that they are properly filed (i.e. signed by the applicant, appropriate fees, etc.) USCIS issues a receipt number for the application or petition, and sends a receipt notice to the applicant or petitioner.

Applications and petitions that are not properly filed are rejected with an explanation of why the application is rejected and the corrective action needed. Rejected applications or petitions do not retain their filing date.

The acceptance step is typically completed within 2 business days of when the application is received. With mail time it may take several weeks for you to get the receipt or rejection notice in the mail. If you do not receive your notice within 30 days of mailing your application, please contact our national customer service center at 1-800-375-5283.


If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

Reason for this email

This is due to sudden outburst of delayed emails that was caused by software.

“The program that sends the automated emails on premium processing cases has been off-line for some time. A new version of the program was deployed today and it appears to be catching up on emails for older cases that didn’t receive any email notifications. For cases already completed, the email notifications can be disregarded.

We are working with our Information Technology colleagues to research and confirm if emails on recent / current cases are also being queued for generation.

Sorry for any confusion this may have caused."

Current status on the issue
Most of the cases that had changed to acceptance has now changed back to their last updated original status. In case you have not seen any change in yours status please ask your attorney to contact USCIS Customer Service at (800) 375-5283 from Monday to Friday. This should be taken care of as soon as possible.




Wednesday, January 19, 2011

How to know if old I-140 has been revoked by previous employer?

Posted On Wednesday, January 19, 2011 by Rav 6 comments

If an individual filing a green card under employment-based category has changed job and now planning to port priority date from previous filed Labor certification, he will at least need an approved I-140 from previous employer to recapture priority dates.

As per Yates Memo, in the context of employment-based immigration, visa petitions filed under the EB-1, EB-2, or EB-3 categories are entitled to the earliest priority date where a subsequent I-140 immigrant visa petition in any of these categories is submitted and approved, unless the prior petition was revoked due to fraud. So, unless case is revoked due to fraud, you should be able to recapture old priority date.

But there are many cases with USCIS, where old priority date is not recaptured on new filings even if previous employer revokes old approved I-140 due to retaliation or due to company's policy to annually revoke cases for former employees. In these circumstances, employee or new employer should call National Service Center and talk to representative and remind them about Yates Memo, which clearly says earliest priority date should be recaptured unless petition was revoked due to fraud or misrepresentation. If you will talk to them nicely and puftorth your case by referencing Yates Memo, you might be able to convince them to recapture old PD. See excerpt from Yates Memo below.


From: William R. Yates

Date: 09/23/05

Re: Interim Guidance Regarding the Impact of the Department of Labor’s (DOL) PERM Rule on Determining Labor Certification Validity, Priority Dates for Employment-Based Form I-140 Petitions, Duplicate Labor Certification Requests and Requests for Extension of H-1B Status Beyond the 6th Year.

Revisions to Adjudicator’s Field Manual (AFM) Chapters 22.2(b)(2), 22.2(b)(3)(B), 22.2(b)(3)(F), (22.2(b)(5) and 33.3(g)(8) (AFM Update AD 05-15)
.....
In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification

How to know if old I-140 has been revoked by previous employer?

There is no easy way to know if previous employer has revoked your old approved I-140. The best way to know this is to call your previous employer or attorney and see if your previously approved I-140 is still good. If that is not an option, other way to predict this is to check if there is any 'Soft LUD' on your previously approved I-140. If there is no update on your case status after final action (i.e. approval notice sent date), then you may be in good shape and your I-140 is still good. Please see '. Other than this there is no better way to know status on previously filed petition.



Thursday, January 13, 2011

Priority Date - How to recapture from previously filed petition ?

Posted On Thursday, January 13, 2011 by Rav 0 comments

Generally speaking, the filing date of the visa petition determines the priority date of the alien beneficiary, and his or her place on the waiting list for an immigrant visa.

Employment Based

Immigrant workers being sponsored for labor certifications or PERM are an exception to above rule; the labor certification filing date with the Department of Labor controls as the priority date.

In the context of employment-based immigration, visa petitions filed under the EB-1, EB-2, or EB-3 categories are entitled to the earliest priority date where a subsequent immigrant visa petition (usually I-140) in any of these categories is submitted and approved, unless the prior petition was revoked due to fraud. However, these priority dates are not transferable to the EB-4 or EB-5 categories, or family-sponsored visa petitions.

Once immigrant petition for alien has been approved, he or she can move to new employment. In order to recapture previous priority date, alien has to start their green card process again with his employer. This involves submission of new PERM for new job to DOL. Once PERM is approved, request to capture previous priority date can be sent to USCIS when filing for new I-140 or during filing I-485. Please note, you will need an approved I-140 to recapture priority date. Old PERM approval is not sufficient. Proof of previously approved I-140 could be send to USCIS in form of copy of approval notice, copy of receipt notice or image capture of approval of case on USCIS website.


Family Based

Recapturing an earlier priority date for a subsequent family-based visa petition is more complicated. Here’s a brief overview of the U.S. family-based immigration system: immediate relative (spouse or unmarried child under 21 years old of U.S. citizen); 1st preference (unmarried child over 21 years old of U.S. citizen); 2nd preference (F2A – spouse and unmarried child under 21 years old of permanent resident, and F2B – unmarried child over 21 years old of permanent resident); 3rd preference (married child of U.S. citizen); and 4th preference (brother or sister of U.S. citizen). It is important to note that there is no category for married children of permanent residents.

Regulations implementing U.S. immigration law provide specifically when priority dates can be recaptured for a family petition. Generally speaking, a beneficiary can recapture an earlier priority date if the petitioner and the beneficiary are the same, the petitioner is filing in the same preference category, and the prior I-130 visa petition was not terminated or revoked. For example, if an unmarried child of a U.S. citizen over the age of 21 years old (1st preference category) marries while the petition is pending, then the beneficiary is automatically converted to the 3rd preference category but they will keep the original priority date. However, if an unmarried child of a permanent resident (2nd preference) marries while the petition is pending, then the petition is automatically revoked as a matter of law because no category exists for permanent residents to petition married children. Any subsequent petition that the permanent resident parent files on that child’s behalf (such as a 3rd preference visa when the parent becomes a U.S. citizen) will entail a new filing (priority) date.

Another complicated situation where priority dates can be recaptured involves the children of unmarried sons or daughters who are the principal beneficiaries of their parents’ petitions filed in the 2nd preference category. If these children (derivative beneficiaries) turn 21 years old, they lose their derivative status and move from the F2A category to F2B. Moreover, the children will require a new immigrant visa petition filed on their behalf. Fortunately, these derivative beneficiaries who “aged-out” will be able to retain the original priority date of their initial petition.

Priority dates directly determine when an individual can immigrate to the United States or adjust their status to permanent residency. As you can see, attempting to recapture an earlier priority date to ensure more timely immigration can be complex. Individuals seeking assistance with recapturing a priority date from a prior petition should consult with knowledgeable and experienced immigration attorneys.


Monday, June 22, 2009

USCIS to Resume Premium Processing for I-140 Petition Starting June 29, 2009

Posted On Monday, June 22, 2009 by Rav 0 comments

WASHINGTON—USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2). After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit. USCIS will accept Premium Processing requests for Form I-140 Immigrant Petition for Alien Worker ,involving EB-1 Aliens with Extraordinary Ability, EB-1 Outstanding Professors and Researchers, EB-2 Members of Professions with Advanced Degrees or Exceptional Ability not seeking a National Interest Waiver, EB-3 Professionals, EB-3 Skilled Workers, and EB-3 Workers other than Skilled Workers and Professionals.

Premium Processing Service is still not available for Form I-140, Immigrant Petition for Alien Worker, involving EB-1 Multinational Executives and Managers and EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition.

Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.

Information about the expanded Premium Processing Service, including what classifications are eligible to request such processing, is available on the USCIS website at www.uscis.gov or by calling the USCIS National Customer Service Center toll free at 1-800-375-5283.


Sunday, April 5, 2009

Welcome to US Non-Immigrants Blog

Posted On Sunday, April 05, 2009 by Rav


This is a new blog that will cover latest on the following Non-immigrant visas.

  • B-1/B-2 - Temporary visitor for business or pleasure
  • C - Transit through the United States
  • D - Crew (airline/ship)
  • E-1/E-2 - Treaty Trader/Investor Visa
  • E-3 - Specialty Work Visa
  • F - Student (academic or language program)
  • H - Individuals in specialty occupations (e.g. nurses)
  • I - Journalists
  • J - Exchange visitors
  • K - FiancĂ©(e) of U.S. citizen - while technically a non-immigrant visa, the processing of this category actually falls under immigrant visas
  • L - Intra-company transfer
  • M - Student in vocational or recognized non-academic program
  • O - Individuals with extraordinary abilities in sciences, arts, education, business, athletics
  • P - Internationally recognized athlete or member of internationally recognized entertainment group
  • Q - Participants in an international cultural program
  • R - Religious workers
  • Official and Diplomatic visas
  • I-485/I-140/AOS/EAD – Though this is an immigrant application, but is of an interest to all non-immigrants


I will post latest news related to above visas here and would share my perspective on the news.