ras
08-01 10:37 AM
one of the stories posted on the thread about lawyer negligence.
[B]Hi ,
One of my cousin was working for a consultant firm from 5.5years and their company lawyer filed his labor in 2005.Whenever he called his lawyer for status checking,lawyer always replied that his case is pending.When he checked his case status online last week,he came to know that his case was closed.Reason was lawyer did not respond to notices from uscis in october and november 2006.And whenver my cousin emailed his lawyer, lawyer always responded only over phone and not by emails.So can anyone suggest,as to how to go about this case?Does he need to sue his employer or lawyer for misleading?Is this the master trick of employer or lawyer?And now no option for substituted labor too!Can his case be reopened again or will he have to file his labor again?
[B]Hi ,
One of my cousin was working for a consultant firm from 5.5years and their company lawyer filed his labor in 2005.Whenever he called his lawyer for status checking,lawyer always replied that his case is pending.When he checked his case status online last week,he came to know that his case was closed.Reason was lawyer did not respond to notices from uscis in october and november 2006.And whenver my cousin emailed his lawyer, lawyer always responded only over phone and not by emails.So can anyone suggest,as to how to go about this case?Does he need to sue his employer or lawyer for misleading?Is this the master trick of employer or lawyer?And now no option for substituted labor too!Can his case be reopened again or will he have to file his labor again?
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panky72
06-19 03:43 PM
As far as I know, NO he cannot.
That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.
That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.
ibbu_arif
11-16 10:33 AM
Adurthy,
I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)
Just wanted to know at which Service Center you filed? Did you get the reciept notices.
My attorney says he will tell my reciept number as soon as he has it.
I am thinking he is lazy to sort his mail :). It has been 5 weeks now.
I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)
Just wanted to know at which Service Center you filed? Did you get the reciept notices.
My attorney says he will tell my reciept number as soon as he has it.
I am thinking he is lazy to sort his mail :). It has been 5 weeks now.
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ca_immigrant
04-15 08:20 PM
So I have sent them 2 applications
one for my daughter (add OCI to new passport) and one for my son (get new PIO)
All have same documents and so have sent proof of address for both the applications.
My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)
Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...
and now they are saying I have not sent the old passport that has the U visa.
Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.
Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least
So far I must say I am not impressed with thier service...but anyways why will they care
just venting out !!
one for my daughter (add OCI to new passport) and one for my son (get new PIO)
All have same documents and so have sent proof of address for both the applications.
My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)
Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...
and now they are saying I have not sent the old passport that has the U visa.
Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.
Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least
So far I must say I am not impressed with thier service...but anyways why will they care
just venting out !!
more...
swarnapuri
06-05 03:52 PM
laborfd/svdcpa,
People at the following forum are tracking the approvals on an Excel sheet with comprehensive graphs and metrics. Also, Please post your details in the forum for the benefit of the community.
http://www.immigrationportal.com/showthread.php?t=161571&page=227&pp=15
Thanks!
People at the following forum are tracking the approvals on an Excel sheet with comprehensive graphs and metrics. Also, Please post your details in the forum for the benefit of the community.
http://www.immigrationportal.com/showthread.php?t=161571&page=227&pp=15
Thanks!
zico123
04-19 08:55 PM
My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
more...
khris49
10-21 02:12 PM
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
yes sir, I do. One with my old employer and the other with my current employer. Thanks for the information
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
yes sir, I do. One with my old employer and the other with my current employer. Thanks for the information
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vallabhu
11-30 10:51 AM
Thanks for your reply except for HR letter I think we sent all the mentioned documents for the first response and we are resending them back, My provisional says Mathematics and Marks list says Math may be officer got confused
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
more...
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)
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saloni
04-17 07:44 PM
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
more...
saint_2010
09-17 04:41 PM
although some of us could not make it to DC...we do acknowledge your's and other members of IV's efforts in making this rally a success in progress....
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thomachan72
09-14 06:30 AM
You cannot work with an expired EAD. End of the story.
But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.
so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.
so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
more...
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dixie
05-25 08:46 AM
I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.
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canleo98
01-11 06:44 PM
As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.
Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.
Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.
more...
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kumar1
01-15 09:55 AM
Interesting article! It reminds me of 2001-2002 time when getting labor approved was extremely difficult. It was tough for companies to prove that there is no willing and qualified US citizen in IT field to do the job. We saw so many labors getting rejected that time. Well, it is all coming back to haunt us.
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english_august
09-17 09:07 AM
Read rally updates at http://dcrally.blogspot.com/
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texanmom
08-14 05:58 PM
I do not believe the EAD and AP are tied to the priority date, especially if you have already filed the 485.
Gurus- correct me if I am wrong.
Gurus- correct me if I am wrong.
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singhv_1980
01-31 10:41 PM
If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html
As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.
By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.
By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
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cbpds
05-27 05:13 PM
I know someone who did not pay the bill but returned to US without any questions
disclaimer: may vary from case to case
My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.
Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.
I negotiated with hospital to pay 15000 and paid off hospital bill.
I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.
Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?
Please advice...
disclaimer: may vary from case to case
My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.
Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.
I negotiated with hospital to pay 15000 and paid off hospital bill.
I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.
Does this 500 dollar collection notice will effect my mothers next visit?
If I pay now does it matter anyway?
Is there any chance of deportation?
Please advice...
vactorboy29
10-10 10:27 AM
Thanks for info.
maximus777
10-27 06:34 PM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
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