shantanup
11-05 02:14 PM
I find it difficult to digest that parents ship their infant children to someone else to raise.
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realizeit
08-01 03:32 PM
HR 5882 Counterpart Introduced in Senate by Hon. MENENDEZ
Link: http://menendez.senate.gov/newsroom/record.cfm?id=301666&
Press Release of Senator Menendez
SENATOR MENENDEZ INTRODUCES BILL TO EXTEND E-VERIFY PROGRAM, INCREASE VISA EFFICIENCY AND STRENGTHEN FAMILIES
E-verify portion of bill mirrors version passed overwhelmingly passed by House this evening
Friday, August 1, 2008
WASHINGTON� U.S. Senator Robert Menendez (D-NJ) yesterday evening introduced legislation to renew the electronic system for employers to check the documentation of prospective employees, and to ensure that unused work or family-based visas are utilized. The Visa Efficiency and E-Verify Extension Act of 2008 will help American businesses and will protect family unity by reauthorizing the E-Verify program, recapturing unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allowing unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year. The E-Verify portion of the legislation mirrors E-Verify legislation passed this evening in the House of Representatives by a 407-2 vote.
Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) joined Senator Menendez as co-sponsors of the bill. The proposed legislation would shorten the long lines of families and employees currently waiting to receive green cards.
�Verifying that workers have their proper documentation is certainly important, and this bill ensures we are doing that while being fair to families who have waited in line for years and have paid their visa fees to reunite with their loved ones,� said Sen. Menendez. �We must couple the E-verify effort, which is good for business, with policy that is also good for families � it fits with our American value system and is a step towards fixing our broken immigration system.�
Summary of The Visa Efficiency and E-Verify Extension Act of 2008:
Recapture of Unused Visas: This bill recaptures unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allows unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year.
Extension of the Conrad State 30 Program: The bill extends the Conrad State 30 program for 5 years to June 1, 2013. The Conrad State 30 program was designed to provide each of the fifty U.S. states with 30 waivers for J-1 physicians each fiscal year.
Extension of Religious Worker Program: The bill requires DHS to issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for individuals working in a religious vocation or occupation. The bill extends the special immigrant non-minister religious worker program to October 1, 2011. Under this bill, the DHS Inspector General shall submit on the effectiveness of the regulations to reduce fraud by 2010.
Reauthorization of E-verify: This bill also reauthorizes the Department of Homeland Security�s (DHS) Basic Pilot electronic employment eligibility verification program, also known as �E-Verify.� This legislation provides for a 5-year extension of this program for the electronic employment verification of employees.
Protection of Social Security Administration Programs: This legislation requires DHS to provide timely and appropriate payments to the Social Security Administration so that E-verify does not interfere with SSA�s ability to serve seniors, people with disabilities, and survivors.
Government Accountability Office (GAO) Study of Basic Pilot Confirmation System: This bill requires the GAO to report to Congress on the causes of erroneous tentative nonconfirmations, how they are remedied and the effect they have on individuals, employers and federal agencies. It also requires the GAO to examine the experiences of small businesses, non-profits and municipalities with using Basic Pilot.
Link: http://menendez.senate.gov/newsroom/record.cfm?id=301666&
Press Release of Senator Menendez
SENATOR MENENDEZ INTRODUCES BILL TO EXTEND E-VERIFY PROGRAM, INCREASE VISA EFFICIENCY AND STRENGTHEN FAMILIES
E-verify portion of bill mirrors version passed overwhelmingly passed by House this evening
Friday, August 1, 2008
WASHINGTON� U.S. Senator Robert Menendez (D-NJ) yesterday evening introduced legislation to renew the electronic system for employers to check the documentation of prospective employees, and to ensure that unused work or family-based visas are utilized. The Visa Efficiency and E-Verify Extension Act of 2008 will help American businesses and will protect family unity by reauthorizing the E-Verify program, recapturing unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allowing unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year. The E-Verify portion of the legislation mirrors E-Verify legislation passed this evening in the House of Representatives by a 407-2 vote.
Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) joined Senator Menendez as co-sponsors of the bill. The proposed legislation would shorten the long lines of families and employees currently waiting to receive green cards.
�Verifying that workers have their proper documentation is certainly important, and this bill ensures we are doing that while being fair to families who have waited in line for years and have paid their visa fees to reunite with their loved ones,� said Sen. Menendez. �We must couple the E-verify effort, which is good for business, with policy that is also good for families � it fits with our American value system and is a step towards fixing our broken immigration system.�
Summary of The Visa Efficiency and E-Verify Extension Act of 2008:
Recapture of Unused Visas: This bill recaptures unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allows unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year.
Extension of the Conrad State 30 Program: The bill extends the Conrad State 30 program for 5 years to June 1, 2013. The Conrad State 30 program was designed to provide each of the fifty U.S. states with 30 waivers for J-1 physicians each fiscal year.
Extension of Religious Worker Program: The bill requires DHS to issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for individuals working in a religious vocation or occupation. The bill extends the special immigrant non-minister religious worker program to October 1, 2011. Under this bill, the DHS Inspector General shall submit on the effectiveness of the regulations to reduce fraud by 2010.
Reauthorization of E-verify: This bill also reauthorizes the Department of Homeland Security�s (DHS) Basic Pilot electronic employment eligibility verification program, also known as �E-Verify.� This legislation provides for a 5-year extension of this program for the electronic employment verification of employees.
Protection of Social Security Administration Programs: This legislation requires DHS to provide timely and appropriate payments to the Social Security Administration so that E-verify does not interfere with SSA�s ability to serve seniors, people with disabilities, and survivors.
Government Accountability Office (GAO) Study of Basic Pilot Confirmation System: This bill requires the GAO to report to Congress on the causes of erroneous tentative nonconfirmations, how they are remedied and the effect they have on individuals, employers and federal agencies. It also requires the GAO to examine the experiences of small businesses, non-profits and municipalities with using Basic Pilot.
deardar
09-29 01:39 PM
Thank you
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zoozee
08-15 01:57 AM
Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -
more...
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
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
logiclife
03-08 02:37 AM
Hi,
We are planning an organized way to raise our membership to a level of 10,000 plus members.
I would like to invite motivated - "Fire in the belly" volunteers :) to help us with this effort. If you are one of the willing members please email me at jay@immigrationvoice.org so that I can send you what you need to organize this. Just send a blank email with subject line: "Membership Drive".
Trust me, this is one of the most interesting ways you can help immigration voice. Also the most critical one. And it wont take much time from each of you during the day. Just a few minutes per day of your time can make a huge huge difference.
Let's organize and team up...
http://i1.trekearth.com/photos/13453/amsterdam_0111b.jpg
Thanks,
logiclife.
Update: 09-MARCH 11:39 PST :O
Friends,
This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.
Thanks,
Jay.
We are planning an organized way to raise our membership to a level of 10,000 plus members.
I would like to invite motivated - "Fire in the belly" volunteers :) to help us with this effort. If you are one of the willing members please email me at jay@immigrationvoice.org so that I can send you what you need to organize this. Just send a blank email with subject line: "Membership Drive".
Trust me, this is one of the most interesting ways you can help immigration voice. Also the most critical one. And it wont take much time from each of you during the day. Just a few minutes per day of your time can make a huge huge difference.
Let's organize and team up...
http://i1.trekearth.com/photos/13453/amsterdam_0111b.jpg
Thanks,
logiclife.
Update: 09-MARCH 11:39 PST :O
Friends,
This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.
Thanks,
Jay.
more...
soarin3655
04-08 02:41 PM
US taxman gets after Indian-Americans - The Times of India (http://timesofindia.indiatimes.com/nri/news/US-taxman-gets-after-Indian-Americans/articleshow/7915510.cms)
US taxman gets after Indian-Americans
Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST
On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.
WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.
While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.
In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.
In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.
The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.
According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.
US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.
According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.
"The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."
The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.
"The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."
Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.
US taxman gets after Indian-Americans
Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST
On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.
WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.
While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.
In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.
In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.
The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.
According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.
US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.
According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.
"The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."
The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.
"The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."
Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.
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windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
more...
maniac
08-07 03:08 PM
Make sure you take landing papers to US embassy with you to prove that you entered Canada legally. There should not be any problems.
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AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
more...
dingudi
03-05 01:45 PM
I found this link and it is mentioned that there are two type of appointment. I got the second type.
http://www.immigrationlinks.com/news/news418.htm
I was wondering if the ASC asks to reschedule instead of doing a walk-in again , as my search tells me that Boston ASC most likely will ask to reschedule. Can we just go to another nearest ASC (Rhode Island) or Manchester, NH which allows walk-in after the finger heals instead of waiting for the rescheduled appointment notice to be received from the original ASC. My wife has made plans to go visit her parents in next 2 weeks and we did not anticipate that such a thing would happen.
http://www.immigrationlinks.com/news/news418.htm
I was wondering if the ASC asks to reschedule instead of doing a walk-in again , as my search tells me that Boston ASC most likely will ask to reschedule. Can we just go to another nearest ASC (Rhode Island) or Manchester, NH which allows walk-in after the finger heals instead of waiting for the rescheduled appointment notice to be received from the original ASC. My wife has made plans to go visit her parents in next 2 weeks and we did not anticipate that such a thing would happen.
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ragz4u
02-24 12:27 PM
Thanks to gc_check for posting this info here (http://immigrationvoice.org/forum/showpost.php?p=1855&postcount=175)
The pdf doc is here (http://www.aila.org/content/default.aspx?docid=18639) and the main stuff starts after page 181
This is a really long document...but a few things that I glanced through are
1) Advanced degree in STEM + 3 years work ex = no numerical limit
2) Total EB category visa bumped up to 290,000
3) Dependents not to be included in numerical cap
All of this is good, but lets not get too happy so soon. Remember S.1932? We need to make sure that we keep the pressure on the lawmakers (who are pro-immigrants) not to budge this time in the conference committee. At the same time, we need to try and educate the anti-immigrant lawmakers that we are not ILLEGALs.
Do your bit: Recruit friends to join IV, volunteer by contacting lawmakers etc and contribute. Together we can win!
The pdf doc is here (http://www.aila.org/content/default.aspx?docid=18639) and the main stuff starts after page 181
This is a really long document...but a few things that I glanced through are
1) Advanced degree in STEM + 3 years work ex = no numerical limit
2) Total EB category visa bumped up to 290,000
3) Dependents not to be included in numerical cap
All of this is good, but lets not get too happy so soon. Remember S.1932? We need to make sure that we keep the pressure on the lawmakers (who are pro-immigrants) not to budge this time in the conference committee. At the same time, we need to try and educate the anti-immigrant lawmakers that we are not ILLEGALs.
Do your bit: Recruit friends to join IV, volunteer by contacting lawmakers etc and contribute. Together we can win!
more...
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ilwaiting
04-12 08:45 AM
1st - Apply your PERM labor ASAP. If you are luckly and labor comes thru quickly before Dec'07 you could apply for 140 in Premium processing and once 140 is approved you would be eligible for 3yrs H1b extension irrespective when your labor was filed
2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.
Contact a good attroney.
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.
Contact a good attroney.
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
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mdross2
11-16 01:19 PM
Hi All
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
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STAmisha
11-16 10:07 AM
Hi
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
There is no -ve impact on coverting to RIR. If RIR is denied, you will still be processed as TR. You wont loose your PD
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
There is no -ve impact on coverting to RIR. If RIR is denied, you will still be processed as TR. You wont loose your PD
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vikramy
10-20 04:46 PM
My AP renewal recently got approved. It was never in this status.
May be finger prints or some mistake. I know for AP you don't FP
May be finger prints or some mistake. I know for AP you don't FP
more...
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indio0617
01-05 10:19 PM
For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
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gauravster
02-25 12:46 PM
In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.
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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)
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)
Nitu Singh
06-12 07:31 PM
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
walking_dude
11-13 10:26 AM
Congrats Texas on reaching 100. Hope you guys reach 1000 soon.
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