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  • rockstart
    09-12 10:08 AM
    Point is not wikipedia or other site. They should be relying on information provided in proper legal format and not on some internet based site. Example if some one is working for Microsoft and if I google the keywords I might get some website which says how MS products are bad and how Bill Gates has stolen technology from XEROX etc. Which is all nonsense and no way concerns with the application in hand's of the IO. So they have the liberty to ask for more information where ever they need but they should not prejudice themselves by reading internet based information.





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  • BharatPremi
    11-30 06:16 PM
    You need to invoke IV-21 :D

    Good One...:D.. Then I will have to wait for 6 months from today...:D





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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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  • psvk
    08-07 11:58 AM
    Thanks for the laugh though



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  • oaktree
    01-13 12:03 PM
    I am planning on filing a new PERM as a prospective employee of a consulting firm and also have a PERM filed simultaneously from my current employer..
    Has anybody had any experience with this kind of situation, Are there any complications? would this be feasible...pls suggest...
    Thanks...





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  • Nagireddi
    09-02 09:37 PM
    Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.



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  • masterfender
    04-27 09:28 PM
    receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.

    Thank you very much. I'm just too nervous about this. I want to get it over with this. Thank you for your positive supports.





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  • desitechie
    12-30 05:33 PM
    Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.

    Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?

    You will get 3 years H1B extension since ur 140 is already approved.

    I94 will come with the I797A approval.

    This is what happened to me.



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  • rkthoka
    08-04 01:05 PM
    Hi

    I read in one the post here at Immigrationvoice.com

    a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
    But I am not sure whether it is true or not alway check with Attorny for the same.

    On other post, is it required to have paystubs while travelling?

    I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?

    Thanks,





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  • NANO3
    04-30 01:05 AM
    very nice, i like the blue waves the most :)



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  • ak_2006
    04-30 02:59 PM
    Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.

    Here is link. Will some body hear it and post the updates?

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3793


    Thanks in advance.





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  • ayaskant
    02-01 10:04 AM
    No I didn't file for 485.



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  • Dhundhun
    06-21 03:49 PM
    I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).

    I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.

    I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008

    Thanks

    For I-485 Applicant, it is not of much significance.
    At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.

    So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.

    Please post your experience afterwards.





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  • indyanguy
    11-27 07:08 PM
    From what I can infer from the replies so far:

    1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible

    2. For contract positions, eliminating the desi layer in between might help increase the rate.

    In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?



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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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  • omiboy
    09-23 10:56 AM
    Thank you for your reply.

    My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.

    With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?

    Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?

    Thank you for your time once again.

    Sincerely

    Omi



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  • desih1b
    04-06 10:01 AM
    Sorry to hear about your dad's health.

    As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.

    If you applied for 485 and have AP, please keep it with you in case of need.

    thanks





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  • beautifulMind
    06-29 01:55 PM
    now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this





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  • crazyghoda
    04-29 10:27 AM
    Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
    1. The attorney gets more money for filing a seperate application.
    2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

    Best to port the PD at the time of filing the 140.

    Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.





    dixie
    07-18 05:10 PM
    It is puzzling that EB3 World didn't move a single day. Per my calculations, it should move three months in each month.

    My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.

    I accept that there are lots of loop holes in my calculations as it didn't move a single day.

    Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?

    I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.

    Many people say uselessness of predictions but I think we can predict to certain extent.

    There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.

    Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.

    But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.





    invincibleasian
    03-02 02:05 PM
    H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!

    What with the UK docs coming to the US...I know for a fact that competition has increased

    A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!