Saturday, June 11, 2011

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  • new2H1&GC
    11-08 01:52 PM
    Yes that is true, you have to show your passport and I-94 and EAD
    you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.

    so to answer your question show H1 extension if they ask.

    hope this helps.

    Good Luck :)

    Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
    Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure

    So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?

    Thanks..!




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  • kprgroup
    02-01 11:33 AM
    Update on H1B Extension

    Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.

    Thanks Ann
    KPR




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  • Blog Feeds
    09-01 10:00 PM
    This is a recent update from the AILA Rome Chapter for the benefit of our readers. The State Department has substantially rewritten the FAM provisions relating to physical or mental disorders as medical grounds of inadmissibility. These significant changes, set forth at 9 FAM 40.11 N11, focus on physical or mental disorders with harmful behavior, and on substance-related disorders, corresponding to INA 212(a)(1)(A)(iii) and (iv), respectively.

    The following is a summary of these sweeping revisions.

    Introduction

    As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.

    Key Concepts of Mental Health

    In this new section, the Department defines the key concepts of physical and mental health disorders:

    A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.

    A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.

    "Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:

    1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
    2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
    3. Major property damage.

    NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.

    A "substance-related disorder" can involve one of the following:

    1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
    2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.

    Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."

    Class "A" medical conditions are those which render a visa applicant ineligible for a visa.

    Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.

    Alcohol Abuse or Dependence

    The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.

    Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.

    Role of the Panel Physician

    Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.

    Class "A" or Class "B" Medical Conditions

    Panel physicians may make the following diagnoses with regard to applicants referred for examination:

    Class "A": The applicant has a physical or mental disorder with associated harmful behavior.

    Class "A": The applicant has a disorder characterized by substance abuse or dependence.

    Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.

    Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.

    Class "B": The applicant's substance abuse or dependence is in full remission.

    Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.

    Waivers for Immigrant Visa Applicants

    An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).

    An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).

    An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).

    An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).

    Waivers for Nonimmigrant Visa Applicants

    Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).




    More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)




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  • vine93
    03-04 11:01 AM
    These type of memorandum every officer will know immidiately. Remember earlier many people posted in this forum when they called for Infopass appointment officer wasn't aware of any such ruling that he needs to approve I-485 if FBI Namecheck pending more than 180 days.



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  • GoneSouth
    07-18 04:49 PM
    Thanks ! But ... I had found a single pdf of the field manual at one point ... anyone got a link to that ?




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  • gunabcd
    06-15 10:03 AM
    The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?

    I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:

    http://immigrationadvice.net/I-693.pdf
    http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf

    But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?

    I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!

    I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?

    I think in absense of a newer form by USCIS, the expiry date 6/30/07 means the form can be filled in by 6/30. I think the doctor will use his own form and will not accept if you provide one. This is just my logical thinking and not a rule.



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  • wandmaker
    10-27 05:04 PM
    Most of the corporate companies wont ask until you get through the interview. It is ideal to have it on hand so that If they ask you, you should be in a position to provide them.

    If you apply for SSN with EAD card, you will receive the SSN card in a week time. In case of H1B, it takes about 4-8 weeks to receive the SSN card on hand.

    hi !
    Thank you gurus for your quick response .... have one more question in mind ...
    Is it a pre-requisite to have SSN before applying for a job ?


    thanks
    Vinki




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  • nonimmi
    06-11 04:20 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.

    Visit this....

    http://immigrationvoice.org/forum/showthread.php?t=4285



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  • sbmallik
    09-10 10:00 AM
    I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.

    Thanks

    Theo

    Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.




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  • lonedesi
    05-21 01:43 PM
    I don't want to discourage you, but IV has looked into all these options earlier and has realized that it would be fruitless to try and ask our lazy politicians to take up our case with the US govt. More over this is an internal matter of US govt and Indian government cannot influence their policies and laws. Why would you expect Indian govt. to fight for you, when you left the Indian shores and want to settle down in US for your comfort?
    Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.



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  • vegasbaby
    02-23 12:40 AM
    I have similar question about EB2 and experience with current employer

    I came from China, so EB3 are really bad comparing with EB2

    As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?

    Will that be some problem, or is it legal?


    Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.




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  • drirshad
    05-05 02:23 AM
    USCIS TEXAS SERVICE CENTER EMAIL PILOT INITIATIVE:
    EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL

    April 22, 2010

    PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
    Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
    The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
    received at this email account will not be addressed.

    EB 1-485 CASE IDENTIFICATION PROCEDURES
    1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
    I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
    2. You should send an email to: EBUPDATE.Tsc@dhs.gov
    3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
    4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
    identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
    5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.



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  • BECsufferer
    10-09 03:04 PM
    Mate;

    Last year in March end I had an opportunity to go for business trip to Frankfurt, it was technical conference of my company. Just 5 days before the due date, my H1 was to expire. Thanks to this moron in my HR, the whole H1 renenwal was delayed to just 2 weeks before expiry. We paid extra to expedite the H1 renewal, fixed Visa stamping/interview apointment at Ottawa, ON same week as we applied for visa renewal. In-fact I had apointments paid for two consecutive days(friday and monday), just in-case the documents do not arrive on time. And they didn't ( aka Murphy Law) till saturday. So headed out on Sunday to Ottawa from MI. arrived Monday morning, got the visa extended next day. Arrived back in office on Wednesday morning, sent all the documents to Chicago consulate office, with same day delivery. Anxiously awaited to hear-back till Tursday afternoon. Started frantically calling consulate office on Friday Morning. Believe it or not someone did returnback my repeated calls and complained about why I was calling everyone in office and in future try to send application atleast 1-2 weeks before travel. My flight was booked for Saturday 3:00 pm in afternoon and believe it or not I collected my passport with visa at noon!!!:rolleyes:

    P.S: Trip was great and in-fact also got chance to visit Paris!!!:cool:




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  • go_guy123
    09-09 09:38 AM
    Words in CIR are supporting high skilled. At the same time Schumer mentioned that they will not allow companies to replace Americans with lower wage foreign workers. You can easily get the meaning of it. First CIR need to be introduced. And it needs to seen What CIR will offer for high skilled immigrants. Many lobbying groups waiting with laundry list of demands for them. Basically every group wants unlimited guest workers and green cards. Someone in congress has to take leadeship initiatives without politics and without any bias. Then only CIR is feasible

    If you see the political realities, Obama has lost a lot of political capital on health care.
    Plus something I mentioned before: Schumer is a senator. CIR faces main opposition
    in the Congress and not Senate.

    You are right that many interest groups are lobbying for themselves. That is where EBs are at a disadvantage.
    Just check www.ilw.com. Everyday there are articles wailing the plight of illegals but not a peep about
    skilled immigrants.



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  • srkamath
    08-10 04:24 PM
    Poll result = 1 pending

    Sorry - dark humor:D




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  • sanju_dba
    02-28 04:56 PM
    Usually , Individual insurance will not cover pregnancy!
    with Humana, you need to buy it as an extra option ( rider) .

    check if you can save in long run with HSA accounts.



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  • hianupam
    11-17 06:35 AM
    Yep - got mine 2 months back. Docs to carry

    - Original social security card.
    - Original EAD card
    - The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
    - Passport and I-94 (They did not check this) I took it just in case
    - Cash - 25$

    You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.

    Let me know if you need further details.

    Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?




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  • dixie
    02-12 09:58 PM
    If your PERM job description says the minimum qualification for the position is a masters in your major, AND you can furnish evidence that your masters course work/thesis taught you the skills relevant to your job then there should be no issues with EB2. A letter from your advisor/course instructor certifying the skills that you learnt as part of the course/thesis should be enough evidence on your part.

    Hi,

    Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.

    Thanks




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  • ita
    08-22 09:20 PM
    Gurus,

    I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.

    Just a small suggestion/clue to my friends,
    when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.

    Please don't take me wrong.

    -Prasad.

    Would you please let us know what #(extensions) did you call? Was the person who initially answered your call IO or National CS? What did you ask the person who initially answered your call upon which she forwarded you to second level support? Appreciate your answers. Thank you.




    quizzer
    11-21 12:34 PM
    Raj,

    SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.

    As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.

    it's a simple process and lawyer should be knowing how to handle this.

    I see people getting decisions within 30-45 days after SR.

    Mine came in about 27 days.

    let me know if you have any questions.

    Thanks




    upuaut
    09-19 01:15 AM
    Painter 7 like Painter 6 should have come with a manual. The one I got with 6.0 is very extensive and well formated to teaching the programs finer aspects.

    if you bought it and didn't get a manual.. I'd complain. If you didn't buy it.. you'll probebly have to slug through it and learn as you discover stuff. Painter itself is not really a well documented programs as these things go. I've never seen a book that details it yet.

    I will be stopping by B&N in the next couple of days. I'll be sure to take a look on the shelf to see if there is anything around that might help you out.

    Sorry I can't be of more help. I do know what you mean about it being an extensive program. 6.0 has so many features I can rarely keep track of them all. I'm usually looking things up to see how I can do them.



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