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06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi4yIMryvnUq1u4pZVf3hULRcfdWGmZv2OdKeku5K9gtv3A73XyNYhvmwQ87LtnHq9Kpmn7eC70wlYvUlSK3uF11R7ih9pNAUofhTi2oA9mspMlCEJsUv26MIm0pyEhQyr28ZulXVeZznl1/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi4yIMryvnUq1u4pZVf3hULRcfdWGmZv2OdKeku5K9gtv3A73XyNYhvmwQ87LtnHq9Kpmn7eC70wlYvUlSK3uF11R7ih9pNAUofhTi2oA9mspMlCEJsUv26MIm0pyEhQyr28ZulXVeZznl1/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
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perm2gc
06-14 05:59 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
puddonhead
02-28 02:25 PM
It is irrelevant whether you are in L1b/H1/F1/"Visitor Visa" or even outside the US.
If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.
If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.
If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.
If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.
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tarone
12-02 01:54 PM
hi sunofeast_gc
Its been over a month now and have not got any response.
Should i apply for 1-140 before my 6th yearh h visa ends.
I have already applied for 7th year extension but i still have few days left for 6th year h visa.
Can you tell me how did you approach to fix the PD i.e should i approach only via my lawyer or directly and by which means like email, phone, letter etc and which department.
thanks
Its been over a month now and have not got any response.
Should i apply for 1-140 before my 6th yearh h visa ends.
I have already applied for 7th year extension but i still have few days left for 6th year h visa.
Can you tell me how did you approach to fix the PD i.e should i approach only via my lawyer or directly and by which means like email, phone, letter etc and which department.
thanks
more...
blacktongue
02-22 09:03 AM
After Employment Green Card wait 5 years.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
garybanz
08-30 10:10 AM
My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?
One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.
One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.
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GlobeTrotter100
10-11 09:51 AM
H1 processing for 2nd time : First 6 yrs on H1 over!
My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.
Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?
Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?
When will I be able to enter the US : after Nov.2008 or Oct.2009.
Any inputs in this regard will be highly appreciated. Thanks in advance.
My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.
Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?
Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?
When will I be able to enter the US : after Nov.2008 or Oct.2009.
Any inputs in this regard will be highly appreciated. Thanks in advance.
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Well, my eye is initially drawn from top left to bottom right, and then there's nothing to see there. The colors are great, and the exposure is good. It's great when you get the sun's disk just so, and the clouds are really nicely lit... But I have to say the composition doesn't work with the sun down there in the corner, IMHO.
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alisa
06-26 04:59 PM
Lost I20.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
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rockstart
07-20 08:32 PM
Spoke to Virgin Atlantic cust rep last week for flight from US to India via London and they said they cannot accept Advance Parole for transit and I would need UK Transit Visa or Valid US visa.
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B+ve
04-13 05:09 PM
Thanks ksrk and kshitijnt
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gc28262
07-07 11:44 AM
Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
IMO you should put the EAD expiry date. ( The fact is stay will never expire since it is a AOS pending).
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
IMO you should put the EAD expiry date. ( The fact is stay will never expire since it is a AOS pending).
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amitkhare77
03-03 08:53 PM
wow - you look really scared. I dont see anything wrong sending them an email. as long as you write correct passport number, VFS receipt number, you should be good. you not doing any crime by asking. they wont care if it is written in english or local language just because your mom can't speak english.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
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pappu
04-19 02:19 PM
uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
Sorry to hear that you waited for 2 years due to name check.
This is a very big hell hole for people when they apply for 485.
90% people who apply for 485 are lucky to not face this.
There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.
Sorry to hear that you waited for 2 years due to name check.
This is a very big hell hole for people when they apply for 485.
90% people who apply for 485 are lucky to not face this.
There are just so many issues we face in our immigration process and cause us pain. Our efforts in the upcoming immigration debate will help this issue. There are provisions like doing the entire 485 processing within 6 months we need to protect. Please join us and support us so that we can all get rid of our immigration sufferings.
more...
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reddymjm
04-08 11:46 AM
As I said before the CAP will not reach for a month or two.
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coolpal
04-02 12:23 PM
You can apply for H1 transfer now.. but you'll more than likely get a RFE for paystubs.. and if you can provide them (and depending on your job, client letter etc.,) you are good.
If you old company cancels your h1, you are still good if you applied for transfer before that...
The only risk might be that you might get approval without I-94 if your old I-94 expired already, which is not true in your case I assume..
Btw, this is a public forum, you can expect responses, but no one is paid or obliged to do so... so URGENT responses should not be expected here... for such cases, you better pay for a lawyer.
cheers.. and good luck.
pal :)
If you old company cancels your h1, you are still good if you applied for transfer before that...
The only risk might be that you might get approval without I-94 if your old I-94 expired already, which is not true in your case I assume..
Btw, this is a public forum, you can expect responses, but no one is paid or obliged to do so... so URGENT responses should not be expected here... for such cases, you better pay for a lawyer.
cheers.. and good luck.
pal :)
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bugsbunny
04-04 04:14 PM
yeah there is no grace period...and am not sure you can transfer after it has been revoked
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
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chanduv23
10-26 01:04 PM
Folks can also ask questions at the conference, but it will be moderated and limited. We will let you know the process.
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micofrost
04-12 03:16 PM
Some where I read that there is no fee for renewal of AP. I am a Jul 07 filer and am not sure about this. Further already applied last for Advance parole and travelled till it got expired last month. I am applying for a new one again. So just wanted to know if I need to pay the fees $305.
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
There is a confusion regarding who pays what amount.
To avoid the filing date confusion, stick to this simple rule :
If you paid less than $400 ( I do not remeber the exact I-485 fees prior to the increase), then you need to pay for the Ap and EAD, the respective amount. If you paid more than $900 for your I-485 filing, then go file AP and EAD as much as you want.
For either case, you do not have to pay for the biometric. Biometric is only for EAD. Not for AP.
AP takes roughly 45 days.
Hope this is clear.
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
There is a confusion regarding who pays what amount.
To avoid the filing date confusion, stick to this simple rule :
If you paid less than $400 ( I do not remeber the exact I-485 fees prior to the increase), then you need to pay for the Ap and EAD, the respective amount. If you paid more than $900 for your I-485 filing, then go file AP and EAD as much as you want.
For either case, you do not have to pay for the biometric. Biometric is only for EAD. Not for AP.
AP takes roughly 45 days.
Hope this is clear.
vegaspd
05-19 04:06 AM
Hi
first labor approved in may 2006 under EB3
140 was approved in 2007
Since I already had masters before I joined the company
EB2 labor applied and received approval in Jan 2011
My attorney applied for 140 porting but received priority date as Jan 2011 instead of may 2006. My attorney says immigrations has made a mistake, attorney contacted them and received a reference number basically asking attorney to call back on Jun 1st. I'm concerned on what went wrong and what could be the worst case scenario. How much time are talking about here.
Any information will be greatly appreciated.
Thanks
first labor approved in may 2006 under EB3
140 was approved in 2007
Since I already had masters before I joined the company
EB2 labor applied and received approval in Jan 2011
My attorney applied for 140 porting but received priority date as Jan 2011 instead of may 2006. My attorney says immigrations has made a mistake, attorney contacted them and received a reference number basically asking attorney to call back on Jun 1st. I'm concerned on what went wrong and what could be the worst case scenario. How much time are talking about here.
Any information will be greatly appreciated.
Thanks
ItIsNotFunny
11-06 09:37 AM
what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?
I heard once that there is a special category for parttime H1. Better check with attorney.
I heard once that there is a special category for parttime H1. Better check with attorney.
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