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  • suaralph
    10-22 09:50 PM
    I guess all the EB2 june filers might get approvals rather than EB3 June..right??

    Has anyone in the EB3 category (june 2007 filers) got any approvals??


    Cheers!!

    I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.

    My details:

    PD= 03/2005
    I-140: Approved
    RD: June 26, 2007
    FP: Sept.8, 2007
    EAD: approved in 44 days





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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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  • miamikk
    02-06 08:49 PM
    I was able to file for COS on my own and successfully got it approved. The process took just about a month.





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  • ramus
    06-11 06:11 PM
    Guys....

    Why we starting new thred for anything.. members should do more active things rather then just creating new thred...

    Pappu asked us 100... times not to create but we won't listen to him.





    Mistake..............Now i am not able to change the title-sorry guys.



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  • linuxra
    09-28 07:54 PM
    Before i present my RFE I will explaing My GC:
    I did masters and worked on OPT for sometime with Company A and they applied H1B,
    still working for Company A as H1B as Senoir Programmer ANalyst.
    At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
    PD=jan 2006
    Still working with H1B from COmpany A
    I never worked for Company B and it no longer exists...
    Company A recently merged with ANother Company X
    I recently got an RFE How do i respond PLease help me:
    Below are the details



    Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
    signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
    and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
    immigration forms by phone at 1-800-870-3676.


    Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
    should include, but is not limited to:

    Clear copies ofIRS Form W -2 wage and tax statcmcnts;
    Pay vouchers;

    Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);

    Any additional documentation which confirms your employment history.
    You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
    duties and position in the organization, your proffered position, if different from your current position, the date
    you began employment and the offered salary or wage. This letter must be in the original and signed by an
    executive or officer of the organization who is authorized to make or confirm an offer of permanent
    employment. The letter must also indicate whether the terms and conditions of your employment-based visa
    petition or labor certification continue to exist.
    If you have changed employers since filing your application for adjustment of status, please submit a statement
    which lists the names and locations of all employers you have had in the US and the beginning and end dates of
    each position unless these have been included on Form G-325A.
    Nebraska





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  • gimme_GC2006
    07-02 04:23 PM
    they give a damn about it.
    Why would people want to know what happened to people like us when they are busy watching coverage of what Paris hilton did in County jail.



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  • YesWeWillGet
    09-26 09:45 PM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you





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  • simple1
    10-26 05:59 PM
    I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.

    I think.
    short term (arround 30 days) - may be ok.
    vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.

    I fully agree with mcq except for duration part.

    Here's how I see it.

    If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.

    Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).

    so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.

    one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.

    Hope that helps

    McQ



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  • abq_gc
    08-29 10:34 AM
    A very good idea... Need people to start Bogging and writing these editorials..
    Media attention towards the scam of USCIS is necessary..





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  • kak1978
    02-09 09:22 AM
    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.



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  • gcdreamer05
    08-11 11:23 AM
    Here you go!

    Ok we have the poll, now can we start guessing when our dates will be current.

    possibly we need another poll with these options asking when do you think your PD will be current

    1) 10-12 years
    2) 12-15 years
    3) 15 - 20 years

    :(





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  • narendra_modi
    03-04 03:45 PM
    Hi guys,
    this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...

    can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..

    Sr members, please share your views on this topic..

    thanks
    narendra



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  • va_dude
    05-04 03:47 PM
    as per my experience, 2 hours is more than enough to make the transition (assuming there aren't delays) at any airport (assuming there aren't flight delays).





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  • pdakwala
    02-24 04:45 PM
    Oh actually I was working with Spector so that we can have markup out asap. Just Kidding. Got busy with work.

    Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.

    Cheers



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  • abracadabra102
    08-27 06:07 PM
    but if i go through a regular divorce process is that okay for the USCIS?

    You are not getting it. If you file for divorce, your spouse won't get GC, whichever way you want to twist it.





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  • GCWhru
    11-15 02:13 PM
    I think there is nothing called State chapter link.. we have to come together and form a group.

    Please reply to this thread and express your interest to join TN chapter.

    I will consolidate.



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  • overseas
    08-23 07:14 PM
    Hi Andhrawala,

    I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.

    In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.

    As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.

    I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)





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  • cnag
    07-11 01:37 PM
    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
    We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in

    Assuming nothing happens,only the most optimistic of EB3-I will still be hanging around. All Others would have been long gone:rolleyes:





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  • GreenMe
    12-03 01:13 PM
    Thanks for quick replies.

    The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.

    Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.

    Please continue to share your experiences.





    extofu
    03-07 11:06 AM
    You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).

    I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.

    My current H1 stamp is for company A.

    Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.





    bsbawa10
    08-20 08:13 PM
    USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)

    History of events

    July 21, 2007: Filed I485 with NSC

    Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC

    July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"

    Aug 14, 2008 : Case Transfered to TSC : No reason given.

    Anybody in same boat ?



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