Tuesday, June 7, 2011

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  • gcpadmavyuh
    09-17 01:00 AM
    |\/|\/|\/|\/





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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance





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  • techbuyer77
    06-12 03:45 PM
    Please help!
    I just filed i-485. My pD is Jan 2004
    i-140 has been previoulsy approved.
    Now my original employer agreed to give me evl, but with the way the economy is going they are not doing well.
    I have another employer which I am working now with.
    How likely is to get an approval (or an rfe for paystubs?) before 180 days.
    I am eb3 row
    Thanks, I am very depressed it took too long I guess and the economy changed and now the whole future of my family is pending





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  • pd_recapturing
    08-14 10:45 PM
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.



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  • fadingblack
    09-19 06:29 AM
    Well, you have been helpfull. I was afraid this answer would come up. I cannot find a manual even in the shops. Anyway if you were so kind to look for one for me i'd apreciate that so much, because mos of the books about software are written in english, and here, for programs such painter, wich are not really that popular as photoshop is really hard to find something. Maybe if you gave me a title i could buy through internet.

    Oh, and i wish i had buy it! A friend of mine told me about it and made a copy for me for testing. (not pretty legal, i know, but if i like the soft i finally buy it. I only need to check it in advance, because my salary is not that big to buy just for checking. Sure you know what i mean :P )

    Anyway, do you think is that good to buy it or do you think you can do the same stuff with photoshop?? I'm afraid painter is much powerfurl in some aspects. What do you think, as owner of painter 6 and a manual???





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  • check_name
    07-24 07:35 PM
    I'm a new comer... I would like to contribute if I could...but what's IV?

    sorry that I was away the past weekend, thus the late reply

    Hi,

    Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.



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  • subba
    02-14 09:20 PM
    Here is my situation:
    Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
    Have another 3 year extension approval ie., 5/1/2007-4/30/2010.

    Will be travelling to canada on Feb 22nd for visa stamping.

    Few qns:
    1) Will the consulate issue me a visa all they way to 4/30/2010?
    If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?

    2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.

    Anyone have any experience with a similar situation?
    Your help will be appreciated.





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  • gc_buddy
    11-18 02:35 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters



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  • sanjeev_2004
    05-26 03:21 PM
    Previously India used to have 150,000 * 7 / 100 = 10500 visas every year. Now India will get 90,000 * 10 /100 = 9000 visas every year. Loss of visas to india because this new law will be 10500 - 9,000 = 1500.

    It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
    If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.


    thanks.





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  • ravi.shah
    01-28 11:34 AM
    Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!

    Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)

    Awareness is increasing.... and realisation is happening..
    Hopefully something materializes soon !!!:)



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  • kumar4875
    03-01 03:00 PM
    Always try to go for group policy with your employer, even if you are paying 100% of the premium and your company is not contributing a dime. That way your premiums are lower than what you get from the open market...may be you do not have that option but good to know... I can vouch for Kaiser, they are very good.

    I was using my employers policy where I had $1000 deductible and paying $1100 per month (2adults+2kids).I switched to BCBS for personal insuracne with $5000 out of pocket limits with $435 premium/month. my calcualtion was I pay $5000 as monthly premiusms + $5000 max deductible -$1000per month just like I was with my employer. At least we can see some saving until we have to spend some amount on healthcare as deductible+outofpocket expenses.So far luck is with me and hoping it will continue.

    But Again --these plans keep on increasing their price yearly --So I am also looking for good plan in Maryland.When I compared from ehealthinsuranne.com BCBS had better plans than Kaiser.but Kaiser seems to be public choice here.





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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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  • permfiling
    09-07 11:49 PM
    I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
    With Employer B, I have an approved EB2 140, but the priority date is in 2007.
    What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?

    I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.





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  • Rayyan
    07-03 01:20 PM
    Hi All,

    I am planning to get my H1B stamped in Chennai, India.
    I got H1b extension last month for 3 years. I am planing to visit India in the month of Aug.
    I need to know when do I make an appointment?
    and will my name be added to PIMS if I make an appt?

    Do I have to go to Chennai or I can go to any other Consulate for stamping?

    What about PIMS verification, is there anyway I can have my name added to this database before I travel to India?

    Anybody has any idea about this? Thanks in advance



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  • gc03
    10-20 10:31 AM
    I went to stamping in Montreal on 10/10/06. No issues or problems. I also recommend to be prepared for a lot of questions, and take all the paperwork.

    My visa was also expired in 2004. I got 3 years VISA stamp upon my 3 year extention approval.
    Good Luck.





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  • BharatPremi
    12-05 04:46 PM
    Here is a link to update your profile - you could pick a new state of residence.

    http://immigrationvoice.org/forum/profile.php?do=editprofile

    Hope this answers your question.

    Yes, I knew that but Thanks.



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  • brij523
    11-12 04:02 PM
    for the member who helps us complete our first century..

    I change my membership from GA to TX. Where is my T-shirt?





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  • PD_Dec2002
    06-12 07:18 PM
    I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them

    What is "evl"?

    Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?

    Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.

    Thanks,
    Jayant





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  • ksvreg
    07-17 06:09 PM
    Time to send "Thank you" flowers. What to do you think guys?





    snathan
    02-01 09:59 AM
    You did substitude and want to keep that PD. ...:p

    But you wont be able to do so....:D





    chaki
    02-13 12:23 AM
    Thanks for your responses. Can you answer one more question ?
    If my current Eb3 labor and its associated I-140 is cleared can I accept the promotion and refile under Eb2 retaining my priority date.

    Chaki



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