Thursday, June 30, 2011

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  • Blog Feeds
    11-02 08:50 AM
    Can a Saturday or a Sunday be a "business day"? It depends on who you ask. The U.S. Department of Labor says yes, while the Department of Homeland Security thinks otherwise. What's an employer to do? On October 12, the Board of Alien Labor Certification Appeals (BALCA) issued a decision "In the Matter of Il Cortile Restaurant". This case involves a PERM application for a chef, and has been bouncing around in the Labor Department (DOL) for three years. In May 2007, the employer posted a Notice of Filing (NOF) of a PERM application for ten consecutive days. The Certifying...

    More... (http://blogs.ilw.com/carlshusterman/2010/10/uscis-should-follow-balca-on-posting-requirement.html)




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  • Becks
    01-18 08:23 PM
    You need to get a copy of 140, so you may have to tell your employer about your AC21 (actually no need if you have a copy of approved 140). Nothing to get scared of. But its good to leave in good terms.

    Once you start using EAD your H1 will get cancelled anyway. So it wont make any difference if your old employer cancels it.

    Good Luck!




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  • masterdude
    03-11 08:55 PM
    Guys,

    My company in-house lawyer says that i don't have to file for H1-b right now because I was approved for H1-b before. I only use 3 month of H1-b time and changed the status to F1. Now, the lawyer advise me that we should use all of my OPT time and file for COS for previous H1-B in June starting date of January 2009, when my OPT expires.

    My question is
    1) Do you think it is a good ideas or just apply April 1st 2008?
    2) Does anybody else have/had a similar situation, do you guys mind sharing what you did?

    I will really appreciate all you guys.

    Kudos to all the experts...




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  • amitga
    02-26 03:46 PM
    If I have I140 approved and I have 3 year extention after my 6 years on H1B. Can I get H1B transferred to a new employer and then start my Labour all over again.

    If anybody has done this please send me a PM.



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  • cgs
    12-09 09:50 AM
    With my knowledge, I don't think your current salary should matter for the future employement. But it shouldn't be grossly differrent. One of my friend got his GC approved with H1B salary less than salary mentioned in I140. What I would like to say is not worry to about it much until your attorney says it is a problem.




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  • vsharmaji
    04-08 05:14 AM
    Hi

    I have started(with a couple of friends) a non profit (University Alumuni association ) recently . Will it affect my GC processing in terms of queries or delays . I had agreed(verbally) to become the financial officer in the company (but have not made any written commitments till now ). The company is registered at my residence address by my friend and collegue although I have not signed any papers and made no financial transactions till date .

    Please advice as soon as possible as i need to make sure that the tax return (deadline 15th May is also met with ) and I can get out of the picture if needed.

    Regards
    Vicky



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  • GCeffect
    09-24 11:15 PM
    Me and my Wife's i-485 is pening for last one year. EB3-ROW. (PD May 2006). Currently my wife is working with her EAD. Her employer want to apply for her GC also. She will be falling in the EB2-ROW category.

    In this situation if she apply for that and take me as a dependent does it going to hurt my current application process? or she can just process her case.

    Please respond very urgent




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  • dhirajs98
    05-04 02:54 PM
    All,

    My lawyer received an RFE on my EB3/RIR labor cert on priority date 01/26/04In Feb sometime and responded back exactly on the last day (03/01/07) it was due. I have not heard anything back from DBEC since then. Anyone here have any idea how much time they take to approve the labor after RFE is responded back, if at all they do approve it? I know couple of my friends in CA who got their labor approved within a month after their RFE was responded back. My labor was filed from WI.

    Please post your experiences if anyone experienced this before. The RFE was about company's financial document. I am not worried about the financial status of the company as it is doing pretty good from last 3-4 years consistently.

    any info on this issue will be appreciated.

    Thanks!

    -D



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  • GCVivek
    03-23 03:08 PM
    It will be very tough. :eek:




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  • Skelerex
    07-14 01:07 PM
    Well, i am a facebook fanatic!

    TDC10 FaceBook.gif (http://www.kirupa.com/forum/attachment.php?attachmentid=52305&stc=1&d=1279127249)



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  • tslee
    04-25 11:29 PM
    thanks a lot for your reply!




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  • nk29
    05-26 10:37 AM
    Hi:

    I am a I-485 EB waiter and applied before August 18th. So I have to pay a fee fo 305 dollars. However when I went to check the I-131 instructions for e-filing, i could not find any information if we are eligible to e-file?

    has anybody e-filed Advance parole.
    Thanks
    Nithya



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  • funny
    03-02 07:36 PM
    I have 2 I-140s

    EB3 10/10/2003
    EB2 07/06/2006

    Trying to use my EB3 date in the EB2 category


    Just spoke to an IO at TSC, She told me that the case is at a place what they call "Pending Review and final decision"

    I asked her whats the next step after this?
    IO : Hope fully will be assigne to some one

    I Asked, isn't this the place where all the cases are "Pending Review and Final decision"?
    IO: a big NO...no no..this is not the place where all the cases are, I can't provide anymore info then this, I was just being nice because you called at 3:30 pm.

    Any body who has thier case in the pool of "Pending review and final decision".

    Honestly, I think its just a general status that she told me about my 485 case.




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  • roseball
    03-24 01:05 AM
    Since 6 months earlier he was on H1, he wont be counted in the quota....



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  • ns33
    10-23 05:37 PM
    Hi,
    I tried to search for this and could not find anything.

    When dealing with 485 portability using EAD (with approved I140),
    what happens if your underlying LC is a location/region/state bound and you end up moving to out of that specified region.

    Job duties/job code can stay similar with probably salary increase.
    Does the location violation get equated to unequal/dissimilar job duties resulting in 485 denial?


    Chances are that should I have to invoke AC21 portability(due to layoff or something alike), I'll be facing this so I just want to be prepared for possibilities.

    Thanks for insights.
    NS

    PS: In other words: What will be considered violation or conditions for Similar job duties if job title and responsibilities stay same but other factors - i.e employer, location, salary cap changes.




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  • iamhopeful
    05-24 02:10 PM
    Hi,

    My 6 yr H1B expires Dec 15,2009. I had applied for labor in 2008 and have received the case number for the labor dated June 26, 2008. My labor is not yet approved and online the status shows "pending". The company has not got any RFE against the labor. I dont know why its taking so much time. My main concern is, Can I apply for h1B extension on the basis of "Pending" Labor approval. What is the time frame to apply for an H1B extension? How long is the extension granted for ? 1 yr or 3 yrs....

    Please advise ....


    Thank You



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  • mrane1
    03-12 04:08 AM
    2 years after mine was approved... Even though we had filed at the same time... Nevertheless we are happy... Good luck to everyone!




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  • Desertfox
    06-15 01:35 PM
    Any Help Or Suggestions??




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  • vivache
    09-02 06:35 PM
    Hi
    My Eb3 application is July 2002.
    It was untouched until this month, where it is undergoing 'initial review'.
    Considering they haven't looked at it in 8 years .. I'm happy :).

    Any ideas on whether the Oct bulletin will see this move from Jan 2002 to a say Dec 2002?

    Cheers
    V




    ekaurgcf
    05-31 03:56 PM
    Hi,

    Can I travel on a valid / approved AP when my H1 Extension is in progress. This is my
    situation:

    Valid AP in Hand valid till next year.
    H1B expiring 6/20/2011
    H1B extension applied on 4/7/11 have rcpt notice.

    My questions are this:

    1.) When I enter US back in with my AP in Jul 11, will that impact my H1B extension in any way.

    2.) Without any EAD will I be Jeapordizing my AOS in any way.

    I will be continuing to work with the same employer who is the sponsor of my current
    I485.

    Request your thoughts and inputs on this situation. Appreciate any replies/advices you may have.

    Regards.




    ivar
    02-09 10:40 PM
    Immigration Trackers for USA Canada UK Australia (http://www..com)



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