Wednesday, June 8, 2011

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  • Seek_Gc
    09-09 07:47 PM
    if we are already using EAD from EB3 - 485 , are we still allowed to apply for another labor with EB2 ? and port the dates from EB3 while applying for EB2 - 140





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  • sbabunle
    04-11 08:10 PM
    keith
    Answers are based on guess that u from India.
    PRovide info like your country of birth, if your labor
    is approved/applied/ when if so ....etc etc for better
    info. There are a ton of people in the forum with
    tremendous experience on this area. You will get
    answer for pretty much anything...so update us
    with more info...





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  • chanduv23
    06-25 08:00 AM
    This is an answer to Ron Hira types of folks who complain H1b visas are complimenting offshore work. So the answer to Ron Hira is - B1 visa will compliment the offshoring and not h1b.

    For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.

    This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.

    There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.

    If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.





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  • jsb
    10-21 11:30 PM
    ...
    ...
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current....
    IK

    You don't add your wife's name to your I-485. She sends her own I-485. Of course, she can only send it in a month when your PD is Current. She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.



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  • wandmaker
    12-02 11:30 PM
    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!

    As long as your (immigration) records are clean, I do not see any issues in COSing to B2 from H1B. You do not have to go into greater detail about your future employment. You just need to mention that you have some personal closing tasks and site seeing to do before leaving the US for good, it should fetch you 6 months.





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  • aguy
    01-05 01:59 AM
    Hello:

    I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.

    Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.

    Thanks.



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  • krishna.ahd
    02-06 06:30 PM
    Hi Anand,

    I am in the same boat as your spouse. I am on H4. Just today I got a very harsh reply from an attorney saying that I cannot volunteer in any way that is related to my field ( I am an IT pro) even in a non-profit organization. I am little bit upset after this episode because I wanted to volunteer for a non-profit Org.

    In the land of opportunities I don't have opportunity even to volunteer in a non-profit organization to keep in touch with my subject. First time I realized that I am living in a prison.

    Don't take my word. Consult an attorney because H4 holder volunteering in one's own field is illegal it seems. Wish you all the best.


    Amul
    I dont think it is true.
    You can volunteer to any field but not 40 hours / week , there are limitations i beleive 4 to 8 hours/week and not for cash reimbursement. Usually Org gives you free lunch voucher or something, thats it.
    Anand: you want to work voluntarily and expect to get paid in cash , that is not legal.





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  • dreamgc_real
    04-22 02:20 PM
    Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.

    Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.

    Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.

    I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..

    We need Immigration Reform. Period.

    We want our agenda passed before theirs. They want their agenda passed before ours......... can't you see, they are the two sides of the same coin. So stop bickering about legal and illegal immigration.



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  • hope4best
    05-26 04:33 PM
    My lawyer followed the same route. After getting EB2 I-140 approval, they send a letter to capture the PD from EB3 case and interlink the I-485. The letter was sent out around May 10th, no updates on I485 so far.





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  • vontlin
    10-03 06:39 PM
    My student advisor asking me to show the I-94 Parole not expired, i didn't renew my AP last year since i was not going to travel.

    Question is, do we need to travel every year to show the I-94 unexpired to get the FAFSA Loan



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  • Lasantha
    04-01 08:22 PM
    I don't see any advantage in doing that but then I am not an expert or an attorney either.

    Thanks,

    Ok, let me put it this way.

    Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

    So in this scenario, is the any difference vs. filing concurrently or not?





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  • harsh
    12-22 10:05 AM
    you learn something new everyday. This surely is interesting.



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  • $eeGrEeN
    09-10 12:45 PM
    I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

    1. Earthquakes
    2. Shooting stars and
    3. USCIS

    u may be right , Although the bill H.5882 hopes to remove the last item on ur list.





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  • shana04
    02-12 04:07 PM
    if I-485 is denied, you are out of status and must leave the country immediately.

    In case one is using EAD and 485 rejected for some reason. you have 180 days to safe guard one self.

    please check other threads for detailed responses.

    Good luck



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  • webm
    02-20 02:01 PM
    Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..


    HTH,





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  • here4gc
    07-17 12:46 PM
    Can we get all pending I140 (Stuck from July) and all pending Eb3 and Eb2 (Whose PD Current and no I140) to collaborate and lets talk about a mandamus class action with all of us being members of the class ??

    Come'n guys, show some traction...lets FIGHT



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  • chapsi29
    09-15 10:51 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.





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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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  • chintu25
    09-15 12:38 PM
    I am in

    :rolleyes: Its about time





    dixie
    10-02 02:46 PM
    If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.

    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.





    guchi472000
    03-24 10:43 AM
    I just scanned and send USCIS letter to my attorney and company, attorney said he will take care of this.

    If i get scanned copy of reply(i requested my attorney to send me one), i will surely share with everyone here.



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