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  • raysaikat
    11-30 09:51 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.

    The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).





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  • techskill
    08-14 05:05 PM
    Hi all:

    I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.

    However, I just got an approval email for my I-485 and the online status has been changed to approved too.

    What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?

    We are really worried. Has anyone been in this situation? What is the best way to resolve this?

    I can honestly say that I never thought I would look at my 485 approval and get depressed.

    Thanks.


    Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.





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  • sam_hoosier
    01-24 02:45 PM
    I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.

    My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).

    Please advise

    Can you ask your lawyer what issues will it create for EAD renewal if you stay on H1B ?





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  • tracker80
    04-06 10:14 AM
    My perm was approved a couple of weeks back and we are going to file the 140 pretty soon. In the mean while I had a question regarding the educational equivalency issue I see during this stage. The perm is for EB-2 which requires a Masters Degree( Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this. Do we have to submit the Bachelors degree information even though the requirement is for a Masters?

    Thanks for any input.



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  • waitingmygc
    04-16 04:08 PM
    RareRFEon485,

    No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.

    Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.

    I think its not a difficult RFE to respond. Consult your attorney for formal reply.





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  • anjans
    07-10 08:15 PM
    Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?



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  • snathan
    09-23 10:57 PM
    First of all thanks for your valuable feedback.

    FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).

    So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?

    Thanks,

    You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.





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  • Asfandyar
    08-22 06:10 PM
    SKIL Bill--S-2611--Introduced to the House, May Raise H-1B, EB Quotas
    The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.


    SKIL Bill: Who, What, Why?

    The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.

    Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).

    The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.

    Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:

    -EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.

    -Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.

    -Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.

    -Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.

    Reasons Behind the SKIL Bill

    For more extensive details, see the entire text of the SKIL bill.

    http://shusterman.com/pdf/skil506.pdf



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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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  • new_horizon
    08-03 04:27 PM
    I received the same reply from Sen Debbie Stabenaw's office. I agree that they have a standard reply to all such questions. Really bad.



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  • cinqsit
    09-16 12:37 PM
    i read somewhere on the forums that fbi name check and fingerprinting checks are two different checks carried out separately.

    fbi name check
    http://www.fbi.gov/hq/nationalnamecheck.htm

    fbi finger printing
    http://www.fbi.gov/hq/cjisd/fprequest.htm





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  • gjoe
    10-10 04:18 PM
    Marry me...i like funny people......

    /thread

    How did you know Kumar1 has an earlier PD than yours? :):p



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  • geesee_99
    12-14 03:52 PM
    Thanks RANKSXY..You Made my DAY.





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  • NO_Free_Rider
    11-09 03:29 PM
    What you received by mail is a courtesy notification that your case is approved, with the space for I-94 is blank. The original H1 Approval notice with I-94 will be sent to the lawyer. You may wait for a week or two.

    Hi All

    My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.

    Employer says they will receive I 94 document seperately and they will mail it.

    My question is, Is Employer saying TRUTH
    Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.

    If my wife does not get her I 94 what are her Options

    your Response is truly appreciated



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  • she81
    07-05 09:24 PM
    I don't know why they keep whining about bringing more H1s when they cannot provide for the ones already here? Even a layman would agree that more H1s without corresponding legislations to fix broken GC system would add fuel to the fire.

    Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?





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  • Ramba
    04-16 03:25 PM
    Thats why I recommend paper file.



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  • GCaspirations
    10-18 11:38 PM
    I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
    Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
    On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
    No theoretical guesses please.
    Thanks

    Local US Embassy cannot process or give you advance parole.
    ". . . Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment."

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD





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  • sukhyani
    03-05 02:04 PM
    copy of current employment letter and future job offer...Does this has to be with same company...OR...

    Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???

    My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.

    If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.





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  • martinvisalaw
    07-19 11:37 AM
    Hi,
    Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory?

    Also what's the general processing time for H1 Extension.I mean how many days does it take.

    You don't need anything regarding international travel except the copy I-94 that you got when you returned to the US, and the visa and entry stamp in your passport.

    H-1B extensions take a few months, depending on which service center is used. if the company pays for premium processing, it guarantees a decision in 15 days.





    nefrateedi
    08-09 11:46 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.

    I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.





    samrat_bhargava_vihari
    02-12 09:59 AM
    Oh NO, if this happens then it will close the last door on many people.
    yeap and may move EB2 dates??