Tuesday, June 7, 2011

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  • roseball
    04-25 03:48 PM
    Folks,

    Appreciate any feedback on personal experiences with visitor's medical insurance coverage. My in-laws are planning to visit this summer and I am trying to see what would be the best available option out there based on your recent experiences. There are plenty of options and I am trying to find one which the hospital/doctor can file a claim directly to or which have negotiated rates and are easy to deal with after we file a claim for reimbursement. I have read that buying insurance in US is preferred over buying from India. Any comments on that appreciated as well.

    Thanks for your feedback.




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  • actprasad
    08-22 03:45 PM
    Gurus,

    I just thought of sharing some good news. I spoke this afternoon with USCIS office about my pending EAD(renewal), at the same time I asked the lady to check my I485 (PD: 11/08/2005), she forwarded my call to Level 2 support guys. He said FP,NC,Back ground check everything is cleared and also case is assigned to IO.

    Just a small suggestion/clue to my friends,
    when ever they ask "when did u file the application(I485) tell them your PD not the date that we all recently applied(if you have applied recently, I mean last year Jul/Aug)". Also don't call them on Mon-Wed, call them on Thursday or Friday (I recommend), so they will answer you guys politely. Complement for every say of them. Just a good word or humble will pay us back. I am sure about that.

    Please don't take me wrong.

    -Prasad.




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  • bslraju
    05-26 04:16 PM
    Dear Members:

    My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.

    They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.

    They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.

    Guys, had any one come across this situation ? can you please advise?

    Thank you in advance

    ---------------------------------------------------
    2001 entered but still fighting for GC batch.:)




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  • roseball
    02-09 03:08 PM
    Hi,

    My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
    1. Does he need to file a transfer memorandum ?
    2. WIll there be a change in wages ?
    3. Are there any other steps before he starts to work in BayArea ?

    Please help.

    Thanks.

    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).



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  • GCWhru
    03-26 02:10 PM
    Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..

    My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.

    But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.




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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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  • theoyilma
    09-13 07:19 AM
    I will.

    Thanks again, dummgelauft !!!!!




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  • stldude
    07-18 10:30 AM
    I agree.. I cannot put in to words the sense of releif IV has provided for all those GC Seekers out there ( not just Indians) !! ! ! ! ! ! ! Way to go IV...



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  • kprgroup
    07-22 02:35 PM
    Thank you so much for a detailed reply.I really appreciate your time to write this. I don't have I-140 approval notice but have a copy of online 140 case status page showing it's approved.. Did use this during my MTR.

    I did renew my EAD & AP May24th and AP approved and EAD still under initial review.Hopefully I will get it soon.

    One more question.In case of H1B extension denial, has any effort on my pending 485?

    Again thanks a lot for your valuable input.

    KPR




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  • raysaikat
    03-06 05:47 PM
    Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.

    The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.

    Here is the exact language of the law from 8 CFR:

    "(iii) Criteria for H-1B petitions involving a specialty occupation.


    (A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:


    ( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;


    ( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;


    ( 3 ) The employer normally requires a degree or its equivalent for the position; or


    ( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.


    (B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:


    ( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,


    ( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,


    ( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and


    (C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:


    ( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or


    ( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."

    More from USCIS:
    USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)



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  • ArkBird
    09-14 11:46 PM
    Thanks for sharing your experience.. BTW, were you using your AP for the first time? I have heard that while traveling on AP you need to go through secondary screen, which takes time. Is that true?

    Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.

    HTH




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  • cbpds
    05-17 04:50 PM
    how convenient, she didnt need to pay or wait for CIR.
    Some people are only too powerful and influential that others


    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.



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  • sp0
    02-15 03:24 PM
    does anyone have an answer

    Guess roughly 10K balance, assuming 5k for each individual for a trip for around 6 months in us. This was the reasoning i was using when i took my bank statement.




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  • jaxrad
    02-14 12:27 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.



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  • wandmaker
    10-23 08:50 AM
    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?


    Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?


    COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.


    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?


    Make sure COS application reaches them before Jan 15th.


    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?


    Dont work beyond the date requested in your H1B extension.


    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    Minimum of 1K attorney fees....




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  • pappu
    04-30 12:17 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.



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  • Prazz002
    07-19 02:06 PM
    I think this applies only for existing cases that is if you already have a EAD number and applied for renual.




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  • WeldonSprings
    05-18 06:28 PM
    This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.

    Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!

    Hindi-Chini Bhai Bhai!!!

    Bender's Immigration Bulletin (http://bibdaily.com/)




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  • amitga
    06-22 07:06 PM
    Google is your best friend:

    http://chennai.usconsulate.gov/b-1-lh.html




    LostInGCProcess
    11-14 02:57 PM
    Another example of how inefficient USCIS is. I have applied my EAD in Aug 28th, did the FP in Sept 22, case still pending. I sent to Texas Service center.

    Which center did you file your EAD?




    rockstart
    10-29 12:25 PM
    Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer



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