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Jaime

09-11 04:03 PM

By coming to DC!!!!

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swamy

05-04 11:20 AM

i'm afraid this has potential to turn into a big headache when theres a job loss. the only slightly useful, if one can call it that, byproduct of the ginormous delays are ppl get sometime to port to a new job but if this is implemented they may make it mandatory for you to inform & then harass you abt it.
why cant they clarify the regulation first and interpret it properly before indulging in these things?

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veni001

11-04 07:25 PM

Hi Experts,

Need inputs on following scenarios.

I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

Ans: Only if approved I-140 is not revoked by sponsoring employer.

Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

Ans: Only if approved I-140 is not revoked by sponsoring employer.

Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

Ans: Only if approved I-140 is not revoked by sponsoring employer.

Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

Thanks

The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o

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kcindian

05-29 11:04 AM

Gurus,

I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

Thank You for answering my questions.
KC Indian

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kittu07in

08-20 05:46 PM

I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.

Please help me in this situation, let me know all your opinion about this case.

~Thanks in advance.

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mk26

12-21 01:35 AM

Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

Please share if anyone has any idea one this

Thanks
-MK

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krishmunn

02-10 09:47 AM

Krish,

it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.

HRPRO

I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.

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apatel_17

04-27 10:57 AM

does anyone know when CIR will be discussed in the house and in the Senate?

Senate taking it up in the last 2 weeks of May. House has not scheduled debate on CIR yet, I believe. Supposedly this is the quiet before the storm. I believe a lot of backstage deal-making and negotiating is going on to get bipartisan support for CIR.

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kaisersose

01-22 04:37 PM

The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.

But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.

===

...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.

===

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uslegals

12-21 12:04 PM

Thanks Guys.! this is really, really helpful. Appreciate your advice.!!

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EB3_SEP04

06-30 10:10 AM

Last year it went to california center because of the large no. of applications due to july visa bulletin. You should file to Texas service center because you are in NJ (please read the instructions to verify).

Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.

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kevnss

06-05 08:58 PM

1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

-- No.

2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.


This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
Thanks

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agiyer

02-06 05:31 PM

Hello,
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?

Thanks & Regards,
Anand

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perm2gc

09-01 09:49 AM

I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.

Thanks.
It is always good to wait until you get the Receipt Notice..You never know what will happen..Dont take Chances with USCIS..

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eb3India

04-19 11:46 AM

MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?

THANKS
CHHAYA

yes you can file, infact USCIS made procedures very simple and they have opened drive-ins 485 filing in aliance with McDonalds, just take all your papers tommorrow to drive-in window and don't forget get your fries

I am amazed by ignorance of these people, google, read do some research before typing anything stupid

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pd_recapturing

02-29 03:16 PM

Oh my God. This is too much. I cant believe it that these desi blood suckers employers can go to that level. This is height of explotation that person even does not know that when exactly his labor and I140 got applied.

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gc_aspirant_prasad

07-07 04:44 PM

dugg

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kumar1

07-18 02:56 PM

Why you want to mad on him, What is there to become mad on him.

Labor buy/sell ------ is there any possible way it is helping this system? Please do not tell me that system already has flaws da da da ....

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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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McLuvin

03-04 05:10 PM

I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

For those that are still on the journey - just hang in there and your time surely will come!

Congrats !!! I think u should party hard for a long time...

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gcfriend65

12-06 09:27 AM

I have my I-140 waiting at NSC from May 01, 2006. On Dec. 05, 2006, I-140 processing time shows as June 01, 2006. Since, it was more than 30 days, my employer called the National Service Center number and they opened a service request and told me to wait 45 days. My lawyer says that USCIS takes 45 days at a minimum to reply, but normally it is 90 days.

Is there anyone out there, who know how to track this service requests or have any experiences with them.

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