Sunday, June 12, 2011

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  • VMH_GC
    06-11 06:15 PM
    Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT



    please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.





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  • dce.deepak
    11-08 08:30 PM
    Labor needs to be applied accordingly too.. mention of masters degree and experience in job duties and posting





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  • mrsr
    05-25 12:02 PM
    I recently came to know like many desi comanies applying the h1 s for their whole family tree,like cousins, bros, sisters.

    think about them they will sit on the bench forever, also they cannot complain.

    We are inviting the trouble for our own future. I am not aganist the H1b program,but i am aganist about this family business. They come here on fake resumes and fake degrees.

    I would encourage every one to complain aganist them, so that real experienced people will not be screwd up.

    they also play tricks like one person will take the interview for the other one and so forth.

    Desi consulting is a big mess.

    we should act on it.





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  • swarnapuri
    06-14 07:05 PM
    That was a very helpful info!



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  • dhenuva123
    01-10 06:48 PM
    menezeswayne,

    Did you get your extension? Please let me know, after how many days u got u'r extention.....am also in same situation .My H1-B extension was filed on sept 1st,requesting for additional 3 years (after the 1st 6 yrs) to VSC on regular basis. My labor and I-140 were also approved. The case has been pending since then.

    Thanks much.





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  • pthoko
    07-05 03:15 PM
    Thanks, I've not been able to do any work today after this thing got into my mind. I got my labor approved and I-140 is pending...



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  • Ramba
    08-13 10:55 AM
    Hi All,

    I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.

    Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
    (Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying

    "The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."

    But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"

    Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?

    Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?

    Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....

    Please give me your thoughts...I would really appreciate your help...

    Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.





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  • Aah_GC
    07-11 05:01 PM
    You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!

    PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now


    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.



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  • chakdepatte
    11-11 09:29 AM
    go to uscis.gov and sign up for e-filing. fill in the I-131 form for urself and wife et al. u will seriously save a ton of money that can be done in 15 minutes and follow uscis instructions only.

    did that 3 months ago. got an RFE about photographs not being compliant with us passport requirements. sending response as I type.

    all the best
    -chakdepatte





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  • dealsnet
    05-07 01:35 PM
    Do not use some one's profile, if you want answer from any one. To make a new profile will take less than 10 minutes. If you don't have 10 minutes, then how other people spend their time to answer your questions. You want free advice, but you are not willing to join IV. This all shows the mindset of the people.
    Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account.

    guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.



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  • ndny
    08-06 03:01 PM
    Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

    A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:

    Housing assistance
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).


    Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

    A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.





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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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  • kaisersose
    06-14 10:16 AM
    I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.

    That is good, but be prepared for the possiblity of the company changing its plan to rent your place, at some point. Hopefully, it never happens, but just be prepared anyway.

    How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(

    CPA question.

    Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?

    I bought a home a couple of months ago with a 2007 PD and had no trouble at all with mortgage.

    did you guys specified non resident alien in your mortgage application and did it have any affect on rates?

    No impact.





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  • muthukmk
    08-03 04:25 PM
    Are u sure that we have to withdraw old EB3 case. My understanding is that u can file a fresh EB2 and use the old EB3 priority date.

    Experts please clarify



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  • sangmami
    06-07 05:03 PM
    guys..can any1 update what happend in senate as for as the bill is concerned.I was out for sometime and when i came back i am listening to stem cell research
    Thanks





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  • seahawks
    07-26 11:32 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    jazz
    if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..



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  • kevinkris
    05-10 12:52 PM
    What is the source of the info? Why are you wasting your and our time..





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  • akred
    04-11 03:33 PM
    IMO conventional is always better unless you are buying a condo. Few people stick with their loan long enough to recoup the cost of the initial mortgage insurance.

    Conventional loans are not harder to get with a low down payment. Best to shop around to find a lender who can meet your terms.





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  • abhi_jais
    12-03 02:59 PM
    A friend of mine has got 221G from the New Delhi consulate. He works directly for the company there is no client involved here. The consulate has requested the details of every single employee of the company along with their immigration status. My friend is trying to get that information from the employer.

    Any suggestion at this point????





    wa_Saiprasad
    01-20 02:41 PM
    The new IV looks very neat and simple.





    siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.



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