Friday, June 24, 2011

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  • GCard_Dream
    04-05 04:32 PM
    Is that really true? I am not so sure about that. I thought you can get unlimited H1B extension as long as you have your I-140 approved. Do you really have to be retrogressed? Can someone confirm this please.

    If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?

    I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.

    Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.





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  • wandmaker
    03-26 01:19 AM
    My employer had mentioned a salary of 87,000$ in my labor.

    Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.





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  • NKR
    06-02 10:35 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    I am sorry, I cannot help you there since I am not aware of the consequences. Please consult an attorney





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  • jonty_11
    03-28 04:38 PM
    just looking at the tracker and getting a list of EB2 India - 1362 and EB3-India 1171...

    This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....



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  • anshulk77
    07-18 10:39 PM
    i filed my sub labor through a multinational muti million comapny through

    Labor applied date : july 12
    Receipt received today

    So you might get yours in a day or so , if not my lawyer said you could just send a letter with it
    Ask Your attorney Them know what to do.

    Good luck





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  • gc4me
    04-23 02:43 PM
    To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
    Now a days it takes time. Almost 3 months.

    URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
    The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

    -Any person has the right to request access to federal agency records or information.
    -All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
    -There are nine exemptions to the FOIA that protect certain records from disclosure.

    I agree, the email response is no help.
    Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?



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  • seahawks
    09-09 06:43 PM
    Please join the group, guys we will need all of your support. Please sign up on the yahoo groups if you are from WA/Oregon. Lets unite and channelize our efforts to make the rally a success.





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  • rvr_jcop
    02-17 09:46 PM
    You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.


    I agree with snathan.
    This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...



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  • vedicman
    01-27 11:04 AM
    Does anyone have a link to this bill/article? I don't see anything on the news yet.

    According to Thomas.gov, the text of the bill is unavailable.
    However, it has been read twice and referred to the Senate Judiciary committee.

    Could this bill be the framework Reid was working on in 2010?





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  • mukuraj
    07-27 02:55 PM
    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi

    Kasi,

    I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.



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  • GC_1000Watt
    05-21 01:25 AM
    Get HDFC receipt
    Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
    2 days after the receipt was issued, take appointment (online).
    Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
    Appear for interview

    You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.


    Thanks krish for the detailed answer. Btw when Ds 156 and 157 will come into play?
    Can you also share your mumbai consulate experience if you were there recently?
    Thanks dude!





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  • va_217
    01-08 01:42 PM
    they even do interviews for them to get the job and pay less to the consultant



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  • newlife2
    09-19 10:12 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.





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  • kaisersose
    07-11 06:16 PM
    I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

    If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

    Pls. help, your reply will be highly appreciable?

    The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.

    Short answer - No potential problems.



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  • Bpositive
    04-02 09:37 PM
    there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....





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  • prinive
    03-28 09:45 AM
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    Any one else ... :o

    $50 from me

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  • looivy
    03-19 03:33 PM
    Can a legal expert provide advice as to whether I can use EAD/AP to get in?

    Bump





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  • smuggymba
    10-08 05:14 PM
    GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.

    Recent H1-B company B has nothing to do with GC.

    Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.

    Now u r saying something about company C running ur payroll.

    Ok. So whoever runs my payroll is my employer. Lets say its Company C.

    Question is

    Am I obligated to Company A in any way?
    Am I obligated to Company B which had my recent H1B?

    Based on the answers i am assuming no but will wait to hear from you guys.





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  • nozerd
    09-14 11:31 AM
    http://www.cbc.ca/story/money/national/2006/09/14/imf-useconomy.html

    Canadian economic growth to be best in G7 in 2007: IMF
    Last Updated Thu, 14 Sep 2006 07:59:50 EDT
    CBC News
    Canada's economy is poised to grow by 3.0 per cent next year, giving it the fastest growth among the G7 countries, the International Monetary Fund said Thursday in its semi-annual World Economic Outlook.

    Canada's status as a major net exporter of energy will likely be enough to insulate it from the slowdowns that the IMF is forecasting for the U.S. and Europe.

    The biggest risks to the Canadian growth story next year include a "substantial" further rise in the Canadian dollar or a "sharper-than-expected" slowing of the U.S. economy, as more than 80 per cent of Canada's exports are to the U.S.

    "The Canadian economy continues to perform robustly, benefiting from its strong macroeconomic policy framework and the boom in global commodity prices,'' the IMF said.

    A cooling housing market is likely to trigger the slowdown in the U.S. economy next year and could weigh on the global economy as well, it said.

    Growth in the United States, which was particularly strong in the first half of this year, is expected to slow from 3.4 per cent this year to 2.9 per cent in 2007, the IMF said. In April, it had projected U.S. growth next year would reach 3.3 per cent.

    "The concern remains that a sharp adjustment in the housing sector would generate strong headwinds for the U.S. economy," it said.

    IMF pegs China's economic growth at 10%

    Citing strong growth in China, the IMF raised its global growth forecast a quarter of a percentage point to 5.1 per cent this year and 4.9 per cent in 2007. But it warned that inflationary pressures, high oil prices and a possible abrupt slowdown in the U.S. could undermine global growth.

    "The balance of risks to the global outlook is slanted to the downside," said the report, released in Singapore, where the IMF and World Bank will be holding their annual meetings next week.

    The Washington-based fund also suggested that further U.S. interest rate hikes might be necessary.

    The U.S. Federal Reserve "faces a difficult situation of rising inflation in a slowing economy, but given the importance of keeping inflation expectations in check, some further policy tightening may still be needed," it said.

    In August, the Fed decided to keep its key short-term lending rate at 5.25 per cent after 17 straight hikes back to June 2004.

    The IMF said "there will be a premium on the Federal Reserve clearly communicating its policy intentions" and suggested that it state more explicitly its medium-term inflation targets.

    It also said the U.S. could help reduce global imbalances by setting a more ambitious deficit reduction path and put the budget in a stronger position to respond to future economic downturns.

    Japan, the world's second-largest economy, will likely grow 2.7 per cent this year on the back of solid domestic demand, but should ease next year to 2.1 per cent, the IMF said.

    It also said Japan should be careful to raise interest rates gradually to avoid a "costly" re-emergence of deflation, or falling prices.

    In the euro area, stronger corporate balance sheets have helped bring about increased investment, rising employment and a more balanced expansion to the 12 countries that use the common currency, the report said.

    Growth would rise to 2.4 per cent in 2006 before moderating to two per cent in 2007 largely due to scheduled tax increases in Germany, the report said.

    China's sizzling economy will probably steam ahead with 10 per cent growth this year and next, propelled by surging exports, but the region could be hurt if China's investment boom sours, it warned.

    The IMF also urged Beijing to raise the value of its currency, the yuan, saying that would help to cut its huge global trade gap � on pace this year to surpass last year's $102 billion US � and bolster households' purchasing power.

    Growth in India, emerging as Asia's other major engine, would moderate to a still robust 8.3 per cent this year and 7.3 per cent next year.

    Latin American economies would continue to lag behind other emerging economies, although growth prospects have increased in the region, with expansion expected at 4.75 per cent this year and 4.25 per cent in 2007.

    Inflation in advanced economies was likely to increase modestly to 2.6 per cent in 2006 but start to decline next year as the upward impetus from oil price increases eases. Emerging markets would probably also be able to contain inflation pressures, it said.

    The IMF was established in 1945 to help promote the health of the world economy. It works to foster economic and financial stability, prevent crises and can aid countries in trouble.

    With files from the Associated Press





    gsc999
    09-11 01:32 PM
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
    --
    Yes you are correct.

    I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.

    Good work USCIS, hopefully this same level of service will be available to other
    steps of legal immigration in near future





    ashishgour
    09-17 10:56 AM
    No - there is nothing to do your status with AP.

    Thanks a Lot!!!



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