Thursday, June 9, 2011

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  • kumar1305
    11-17 10:01 AM
    I applied for an extension of H1b but haven't got my 797 yet. Is it a must to carry original 797 in order to get license extended in FL,.





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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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  • roseball
    07-27 04:32 AM
    She should be fine....Even if your wife's petition is not filed you have 180 days to submit the application after your I-485 is approved....There was a separate thread which discussed this in detail...You can seach for it....





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  • ChangingJobs
    06-29 10:27 PM
    Here is my situation:

    - I have a valid H1B and EAD through Employer A. My current status is H1B.

    - I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:

    1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.

    2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.


    Your answer will be very helpful for me to take the right decision.

    Thanks in Advance



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  • poorslumdog
    10-11 06:05 PM
    That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?





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  • ujjvalkoul
    08-21 10:39 AM
    Can moderators setup Web Fax for this?



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  • Ramba
    05-21 06:09 PM
    We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.

    A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy





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  • JunRN
    12-18 05:35 PM
    So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.

    This is really a very scary ride. Hope we can all survive.



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  • bchauhan
    08-09 01:19 PM
    It is your passport number





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  • mirchiseth
    05-29 01:18 PM
    Just to confirm, based on webm's response

    For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.



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  • nixstor
    07-17 10:45 AM
    Most users ever online was 5,233, Yesterday at 04:20 PM
    Threads: 5,709, Posts: 114,871, Members: 20,081, Active Members: 13,220

    From immigration.com

    Most users ever online was 2,117, 16th September 2005 at 02:58 PM.
    Threads: 239,836, Posts: 1,626,529, Members: 162,149

    Most users ever online is increasing every day and IV is becoming a better source of information. Its just unfortunate that people fail to recognize the importance of contributions for this effort.





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  • s416504
    08-13 02:29 PM
    Thanks for Prompt reply.
    My application got delivered at 11:31 & Received by B GERKENSMEYER.
    Do u think I shoould file again using Lawyer before Aug 17?



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  • smartboy75
    07-17 07:49 PM
    Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it





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  • msekhargc
    06-21 11:41 AM
    Thanks for your response

    As per my employer adv :

    Required degree : Masters degree in Engineering or related field (no experience)

    The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.



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  • peacocklover
    12-01 08:33 AM
    Ya, I think that could be a problem if they make it current again. Instead of messing up with influx of applications again like in July 2007, they can gradually move dates from July 2007 to Jan 2008 (six months) or July 2008 (a year) ahead in EB2 category, In that way it will not clog the system and will justify people who are sincerely waiting in the line until now and also for future movement.

    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.





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  • perm2gc
    12-22 02:33 PM
    Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...

    The whole thing might degenerate into 'My Cousin Vinny'.

    You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
    I don't think that the immigration people look into the outstanding warrants...
    How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.



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  • transpass
    09-15 04:59 PM
    Friends, enlighten me...Is this chat about long term action plan or is it the immediate action plan for oct bulletin retrogression?

    If it is for the former, then that's fine and we have to pursue...

    Then what about the latter? If it is for the latter, then we hardly have any time in Sep to atleast get something out of the remaining couple of weeks in Sep. No offense, but it is taking too long in the discussion and therefore I am for sending individual protests in the meantime before we finalize and decide the longterm action plan. So based on discussions couple of days ago in the forum, I am sending an individual protest letter (that was generally agreed upon in other threads) and fliers along with with it...





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  • kartikiran
    08-17 05:24 PM
    Recently(July 12th 2009) travelled from Hyd to JFK via Dubai on AP. No problems with the airlines. Had to clear the secondary inspection at JFK airport ala Shahrukh Khan...;)

    Note, was using my AP for the 2nd time within an year travelling from India.

    I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...

    Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.

    sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.

    Hope this helps!





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  • cdeneo
    06-07 04:03 PM
    Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?





    jediknight
    04-05 09:56 AM
    Has anyone on a EAD or H1 taken a FHA house loan?
    FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
    Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)

    Would be interested in hearing your experiences.

    - JK





    rockstart
    06-21 06:28 PM
    The business analyst you are mentioning is classified as systems analyst in USCIS code. In this case its prefereable to have computers or electrical degree. A civil engineering degree is little difficult to understand

    Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?



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