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jackisback

06-03 12:17 PM

Anyone used this to inform CIS of their AC-21 case since it was announced?
Any experiences??? I had sent this to my attorney for his inputs but got no response

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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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United States Puzzle

srikondoji

07-27 03:26 PM

What you said is true.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?

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hinvin66

08-11 12:08 AM

EB2-I PD: May 30, 2006

The saga goes on...

My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...


Second H1B 3-year extension beyond original 6 years !
My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
Company "B" filed for 1st 3-year H1B extension using AC21 as backup
Filed for I-485: RD=Aug 2; ND=Sep 17
Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
Company "C" filed for 2nd 3-year extension H1B using AC21as backup
FP done in Oct 2007
Used AP for Int'l travel 6 times for business trips.
Soft LUDs in Dec 2007, Feb 2008
Applied for EAD renewal in July 2008
Applied for AP renewal in Aug 2008
Waiting for I-485 approval ... No RFE yet

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santa123

09-10 08:12 AM

My apologies for re-posting...
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful

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LostInGCProcess

11-12 01:28 PM

Why do we need a transit visa if we are just passing by the airport( I know UK has this rule). Can someone please share if we really need the transit visa. I am travelling on next week to Chennai via Frankfurt.

If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.

If you are traveling on AP, you need transit visa via Germany.

Quote from the German Mission web site:

Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:

AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY

Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:

1. If they hold a valid visa for the United States of America
2. If they return from the USA after having used the visa
3. If they hold one of the following residence permits:

* Form I-551 permanent resident card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (no expiry date),
* Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
* Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
* Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
* Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).

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maristella61

04-19 05:20 PM

this will be approval notice of your H1-B or H1-B extension. Ask your lawyer again what letter he is talking about.

He is talking about the original first letter of approval , not an extension

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2010 United States Puzzle

United States, by County,

kartikiran

06-17 05:13 PM

paulkurni, please join your state chapter. Even before Obama's mention in the Cairo speech, IV Core has been trying to do whatever you have mentioned.

We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.

I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.

I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?

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ashwin_27

12-09 02:36 PM

From all the updates and information shared so far, it seems pretty clear that if the DREAM Act fails, it will make it extremely difficult, politically, for any EB or non-EB related immigration legislation (piecemeal or otherwise) to be introduced in Congress over the coming two years. So irrespective of whether visa recapture is a part of this bill or not (and we know that it is NOT), what happens to DREAM is very important from an overall strategy point of view.

I am just interpreting what is out there.

Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?

Please tell me if it has something for us.

Thanks

MC

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HRPRO

02-09 03:15 PM

If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

Roseball,

I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.

HRPRO

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godbless

03-08 07:17 PM

I travelled to India first time after coming to USA. The airline people did not take my I94 from me. I was not aware if I had to turn it in. I came back and got another I94. Now what do I do with my old I94? My 140/485 is in progress.

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glus

03-28 08:36 AM

That happened to me too. My new I94 was valid from the approval date, and not the one we asked for. No, you were not out of status as your H1 extension was pending. You should not have issues with it.

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EB3_SEP04

06-30 01:04 AM

Quetion 11 on the EAD form 765 asks:
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????

how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?

What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.

Thanks in advance!

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h1bnogc

08-28 10:20 PM

Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)

Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.

There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.

Misha: how did you convince POE in second time? Thanks for sharing this...

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rajubuthi

08-17 11:41 AM

Hello,
My I-140 got denied based on my Education.

I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present


The JOB Description for PERM was:

"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "

Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?

Since it was denied on Aug 4th this month, I have 30 days to reopen this case..

Please advise me..

Thanks in advance..

Regds,
Raju

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map of the United States,

Jaime

09-06 04:14 PM

Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:

"UK Plan to boost immigration from India"

http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India

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In 33 of the 50 U.S. states,

virtual55

05-16 12:57 PM

I am seeing currently 700 members actively using IV website right now, but I don't think all of them have signed up for monthly contribution, Guys please contribute and help yourself

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jonty_11

02-05 01:44 PM

I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")

What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.

Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?

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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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beavis

02-14 10:09 PM

I always book tickets for my mom on travelocity.co.in using my US credit card. works perfectly and they have great prices.

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belmontboy

08-14 09:33 PM

From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.

Please read properly
from the link:

This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.

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