Thursday, June 30, 2011

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  • gc_chahiye
    09-19 11:16 PM
    Are both of these I-140s on the same labor cert?

    Whats the RFE about?

    What does your lawyer say? Ignoring the RFE does not seem right, at minimum you should contact USCIS and explain the situation to them.




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  • sgupta33
    08-28 05:12 PM
    Hello,

    The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at Murthy.com and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.




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  • vik352
    03-20 12:40 PM
    Hi,

    I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:

    1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
    2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.

    My question is
    1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
    2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).

    Any input is appreciated.




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  • SparK_BR
    07-09 08:41 AM
    i'll pay you 10 bucks to eat it :P

    and post a picture of you eating it too!



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  • wandmaker
    11-01 07:01 PM
    Isnt the three year extension valid only if you cannot file your I-485 because of retrogression? Once you file your 485, you get only a year?

    1. Labor Pending for > 365 days = 1 year H1 extension
    2. 140 Approved AND 485 Filed & Pending AND Priority Dates Current = 1 year H1 extension
    3. 140 Approved AND Priority Dates NOT Current = 3 year H1 extension
    4. 140 Approved AND 485 Filed & Pending AND Priority Dates NOT Current = 3 year H1 extension

    I guess, you will be #4




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  • ebizash
    06-05 09:06 PM
    Why do you need a signature from anyone in your company (or ex-company) on your 485. I-485 is your application and your employer has nothing to do with filing it.

    Are you talking about I-140 by any chance?



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  • Selena Gomez at Billboard


  • yabadaba
    12-28 08:32 AM
    mine went to texas too...since every single petition, opt ead, h1bs, I-140, etc were from tsc. i am assuming it was cos my address was in GA and my 485 based A# was also from TSC.

    i am already done with my biometrics in sept so i m hoping for a quick turnaround too.




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  • shobaseshadri
    01-09 01:33 PM
    My husband recently changed jobs and has not updated the transfer in his H1 visa yet. I need to travel to India. Can i travel with the existing H4 with his new I-797 and salary stubs? Or do we have to updated the visas before we can travel?

    Thanks.



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  • yestogc
    06-08 06:35 PM
    First thing is never give USCIS more than they have asked for.

    Send them a letter stating that your previous attorney made a mistake and you have never applied GC before.
    secondly since incomplete medicals are bound to have another RFE, there is no harm in sending them revised medicals and yes they have to be sealed from USCIS approved doctors.




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  • no_more_anger
    09-22 02:37 PM
    Folks,

    My wife needs an EAD to apply for medical residency in the US. We have our EAD application pending (receipt date Aug 27th). We know we will get our EAD eventually. But the problem is more complex.

    For medical residency, programs call candidates for interviews in Nov/Dec. So they start offering interview slots in Sep/Oct timeframe. If you don't have an EAD card or EAD-approval notice, they will not even consider you. They don't care if you say that EAD will definitely come by Dec (or something like that).

    We tried our local congressman, but even he said he couldn't do anything
    until the 90-day processing time had passed. We tried the local INFOPASS office and submitted an expedite request, but that got denied.

    So we are urgently looking for ways to get my wife's EAD ASAP. If we don't get the EAD in time, my wife will lose an year and in medical residency, every year you sit at home counts (against you).

    Does anyone here have any ideas what we can do ! Note: This EAD is needed for *education* purposes and not for *gainful* employment.



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  • Selena Gomez – 2011 Billboard


  • Blog Feeds
    10-28 01:10 PM
    AILA Leadership Has Just Posted the Following:
    The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.

    The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.

    Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.

    Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.





    More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)




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  • reddymjm
    02-02 04:46 PM
    You should be fine as the primary is already approved.



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  • permfiling
    08-14 12:07 PM
    I have my old employer visa and I-94 valid till mid next year. My new employer had filed a H1 extension with CSC which was denied but I got a H1 approval notice without I-94 stub. I was told by my attorney to go to canada and get a new I-94 card as I have a visa stamped which expires july of 2011. Being in west coast, I was planning to go to vancouver. Any one been through this, please post your experiences.

    Thanks




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  • roseball
    01-02 10:09 PM
    Hi sir,

    I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?

    If I face any issues over there what will be my next step to proceed?Please suggest me.

    Thanks and Regards,
    Kadiv

    What type of visa are you planning to enter on? If on H1, you will be required to show proof of employment at the port of entry. If you are coming through a consulting company to work at a Client's site, then there is a possibility that you will also be asked for a Client letter, especially because its been a while since your VISA was issued. Make sure to carry all supporting documents with you to show at the POE, if asked.



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  • augustus
    06-17 06:36 PM
    Dear All,

    1. Can someone please let me know what I should take with me when I meet the USCIS civil surgeon? Who gives the Form - I-693? My lawyer has not attached that form in her mails to me? Does the hospital provide or should I take one with me myself?

    2. How is the procedure usually with the USCIS civil Surgeon? What does the surgeon do and how is the examination like?

    Please help me understand this process better. I am aware of the vaccinations I should take but I am not aware of the procedure with the surgeons.

    Thank you very much.

    Best Regards,
    Augustus




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  • [Legoman]
    08-29 06:26 AM
    Yeah, you can import eps files and as david said it automatically gives it depth. ignore what I said about the extrusion editor.



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  • ArkBird
    06-08 03:16 AM
    Pretty fast as most(if not all) of Apr 01 cases are stuck in P/DBEC...




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  • jimithing
    02-19 06:08 PM
    Yes, I found it.

    Thanks kondur_007!




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  • gparr
    May 19th, 2004, 01:54 PM
    Agreed, but look at last week's two leading finalist shots. Basically a couple of good family snapshots: the kid getting wet and a guy with a hose. Confuses me as to what's considered good "competition" photography.
    Gary




    njboy
    07-08 09:24 AM
    yes, they can find out if u were on payroll and paid tax




    guyfromsg
    04-29 11:50 AM
    My LC (non-RIR) is stuck in BPC since Feb'05 which is also my PD. After lot of convincing up to my VP level they finally at least agreed to have a healthy discussion with lawyer to see the pros and cons of converting the application to PERM while retaining PD.

    My understanding is, there is no conversion. The old application from BPC has to be with drawn and re-filed under PERM. I meet other requirements to keep the PD like same job title etc..

    Question is, H1 expires in Feb'07 and will apply for extension in Aug'06. Should I wait till Aug to have H1 extended using premium processing and then convert to PERM. Is there a risk of re-filing under PERM prior to H1 extension. PERM takes few months for the company to prepare, can they kick start the process now without withdrawing the LC?

    thank you.



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