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12-22 02:30 PM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Effective January 4, 2010, the U.S. Department of Health and Human Services, Center for Disease Control and Prevention (HHS/CDC) is removing HIV from the list of communicable diseases of public health significance and references to HIV from the scope of medical examinations for foreign nationals.
Until the rule goes into effect, non-citizens who are HIV-positive cannot be admitted into the U.S. unless the U.S. Department of Homeland Security (DHS) grants a waiver. Once the rule goes into effect on January 4, 2010, HIV infection will no longer be defined as a communicable disease of public health significance, immigrant visa applicants who are required to undergo a medical screening exam will no longer be tested for HIV, a waiver for entry into the U.S. will no longer be necessary, and HIV-positive visa applicants will not be found ineligible for visas under Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (INA). Although foreign nationals with HIV who apply for visas will no longer be ineligible under INA Section 212(a)(1)(A)(i), they still must overcome the public charge under INA Section 212(a)(4) by demonstrating to the consular officers that they will have the means of support in the U.S. and that they will not need to seek public financial assistance. Please visit CDC’s Web site (http://www.cdc.gov/ncidod/dq/laws_regs/fed_reg/remove-hiv/final-rule-hiv.htm) for more information.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/rule-change-on-cdc-list-of-communicable-diseases-of-public-health-significance.php)
Effective January 4, 2010, the U.S. Department of Health and Human Services, Center for Disease Control and Prevention (HHS/CDC) is removing HIV from the list of communicable diseases of public health significance and references to HIV from the scope of medical examinations for foreign nationals.
Until the rule goes into effect, non-citizens who are HIV-positive cannot be admitted into the U.S. unless the U.S. Department of Homeland Security (DHS) grants a waiver. Once the rule goes into effect on January 4, 2010, HIV infection will no longer be defined as a communicable disease of public health significance, immigrant visa applicants who are required to undergo a medical screening exam will no longer be tested for HIV, a waiver for entry into the U.S. will no longer be necessary, and HIV-positive visa applicants will not be found ineligible for visas under Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (INA). Although foreign nationals with HIV who apply for visas will no longer be ineligible under INA Section 212(a)(1)(A)(i), they still must overcome the public charge under INA Section 212(a)(4) by demonstrating to the consular officers that they will have the means of support in the U.S. and that they will not need to seek public financial assistance. Please visit CDC’s Web site (http://www.cdc.gov/ncidod/dq/laws_regs/fed_reg/remove-hiv/final-rule-hiv.htm) for more information.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/rule-change-on-cdc-list-of-communicable-diseases-of-public-health-significance.php)
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eager_immi
06-26 10:11 AM
There is no issue if your wife is the derivative applicant and gets her EAD through you. You can also start but it is more complicated since your business has to be doing excatly the same thing as your labor application. Also, i think you should get lawyers advice if you are starting it. There is no complication for your wife to start a business.
THello Everyone,
We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?
Thanks
THello Everyone,
We are currently evaluating our options of starting a business on EAD, which should be coming within 3 months of filing of I485 in July. Does anyone know if I or my wife can start a business on EAD, are there any issues with it?
Thanks
trevor(toronto)
April 28th, 2007, 01:35 PM
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JunRN
09-17 01:59 PM
I think it is better. Your EAD and AP will be processed faster because they are in CSC and your I-485 is in TSC, which is better than NSC.
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iak220974
12-28 01:30 AM
Guys,
I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
Is there anyone who has expereineced the same and want to share?
I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
Thanks in advance.
I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
Is there anyone who has expereineced the same and want to share?
I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
Thanks in advance.
mundakamal
06-13 08:53 PM
gurus please advise
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eastindia
09-29 08:02 AM
Twenty Legislative Priorities for Lame-Duck Session, including DREAM. This is our chance to PUSH RE-CAPTURE.
Democrats to stuff 20 bills into post-election lame-duck session - TheHill.com (http://thehill.com/homenews/senate/121223-dems-stuff-lame-duck)
How will you push so that it becomes more/equally important than DREAM?
Democrats to stuff 20 bills into post-election lame-duck session - TheHill.com (http://thehill.com/homenews/senate/121223-dems-stuff-lame-duck)
How will you push so that it becomes more/equally important than DREAM?
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wandmaker
11-21 08:11 AM
The text is printed on your SSN card based on your visa status at the time of application. EAD is also a temporary status, this also requires a renewal. Hence, you would not be able to "remove" the text from your SSN card until your receive the GC.
Hi, Sorry if this has been asked already.. I am on H1B and the primary applicant... Can I change my SSN to remove "Work with Authorization only" statement on SSN by using EAD?
I am planning to stay on H1B and I dont want to invalidate H1B by doing this.
Thanks in advance!
Hi, Sorry if this has been asked already.. I am on H1B and the primary applicant... Can I change my SSN to remove "Work with Authorization only" statement on SSN by using EAD?
I am planning to stay on H1B and I dont want to invalidate H1B by doing this.
Thanks in advance!
more...
chanduv23
11-01 08:01 AM
if u file for 140, chances are that it will get approved before may 2007 is high. If u have an approved 140, you can get 3 year extension. If you seek extension based on labor, you will get 1 year extension. I recommend u to apply for 140 (if possible premium) ASAP. Even otherwise,you are fine to get an year of extension.
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vskp
12-28 03:14 PM
Following is the situation:
My H1 (6 years) expiring on 7th Mar'08 (have 35 days of vacation might be good till 11th Apr'08)
Labour filed on 06/20/2007 , still awaiting..(so 365 days rule does not apply for 7th yr ext)
Spouse was on H4, got H1 in Oct'2007 (no stamping done for H1).
Falling short of 10 weeks to get the 365 days rule
Options that I learnt for me getting 7th yr extension and staying in the country:
Option1:
Convert to H4 toward the end of H1 6 yrs expiry date till June 20th(to get the 365 days rule in effect)
File for 7th year extension based on the 365 days rule
Convert from H4 to H1 and start working.
Option 2:
Get Canada working visa (not sure how long it will take to get though) and work till June 20th there (to get the 365 days rule in effect)
File for 7th year extension based on the 365 days rule
Stamping in canada to return to USA.
(I am hoping 7th year extension can be done while I am outside the country)
Option 3:
Go back to India for 3 months wait till June 20th,
File for 7th year extension based on the 365 days rule
Stamping in India to return to USA.
(I am hoping 7th year extension can be done while I am outside the country)
Option 4:
Leave for India immediately and stay there for 10 weeks and recapture them along with 7th year extension(while I am in India )
Can the gurus/experts please put in any issues I might be running into or if any of the option above are not at all feasible(may be I am ignorant)
My H1 (6 years) expiring on 7th Mar'08 (have 35 days of vacation might be good till 11th Apr'08)
Labour filed on 06/20/2007 , still awaiting..(so 365 days rule does not apply for 7th yr ext)
Spouse was on H4, got H1 in Oct'2007 (no stamping done for H1).
Falling short of 10 weeks to get the 365 days rule
Options that I learnt for me getting 7th yr extension and staying in the country:
Option1:
Convert to H4 toward the end of H1 6 yrs expiry date till June 20th(to get the 365 days rule in effect)
File for 7th year extension based on the 365 days rule
Convert from H4 to H1 and start working.
Option 2:
Get Canada working visa (not sure how long it will take to get though) and work till June 20th there (to get the 365 days rule in effect)
File for 7th year extension based on the 365 days rule
Stamping in canada to return to USA.
(I am hoping 7th year extension can be done while I am outside the country)
Option 3:
Go back to India for 3 months wait till June 20th,
File for 7th year extension based on the 365 days rule
Stamping in India to return to USA.
(I am hoping 7th year extension can be done while I am outside the country)
Option 4:
Leave for India immediately and stay there for 10 weeks and recapture them along with 7th year extension(while I am in India )
Can the gurus/experts please put in any issues I might be running into or if any of the option above are not at all feasible(may be I am ignorant)
more...
ratikanta
08-06 01:33 PM
Company "A" had filed my H1B transfer after I accept their offer. I signed the offer letter
In offer letter no where it is mentioned that if I leave company , i have to pay H1B transfer expenses.
Also It is clearly written without any reason , time either way can terminate job. This is below from offer letter..
"I have read and accept this employment offer. I understand my services under this agreement will begin with the successful transfer of my H1B. I understand my employment is terminable at will, i.e., and either company or I may terminate the employment relationship at any time, with or without cause."
Now , I have a better offer ,I am not joining that company .
They are asking me for H1B transfer expenses.
Company is asking "You signed and agreed to become an employee, however you never even started working here to begin an employee/employer relationship also you keep delying your joing time..It is clear that the delays were a stall tactic and completely dishonest, which any court will agree with."
If I am not paying it, they are going to take legal action ..
Please let me know your thought or any lawyer can help me in case company files legal action and what will be charges
Thanks a lot ..
With Regds
Ratikanta
In offer letter no where it is mentioned that if I leave company , i have to pay H1B transfer expenses.
Also It is clearly written without any reason , time either way can terminate job. This is below from offer letter..
"I have read and accept this employment offer. I understand my services under this agreement will begin with the successful transfer of my H1B. I understand my employment is terminable at will, i.e., and either company or I may terminate the employment relationship at any time, with or without cause."
Now , I have a better offer ,I am not joining that company .
They are asking me for H1B transfer expenses.
Company is asking "You signed and agreed to become an employee, however you never even started working here to begin an employee/employer relationship also you keep delying your joing time..It is clear that the delays were a stall tactic and completely dishonest, which any court will agree with."
If I am not paying it, they are going to take legal action ..
Please let me know your thought or any lawyer can help me in case company files legal action and what will be charges
Thanks a lot ..
With Regds
Ratikanta
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needhelp!
01-14 01:02 PM
If you are already in US, you don't need DS-230, you need to file I-485 instead.
I-130 is an alien relative petition filed by your spouse on your behalf. I-130 has a question if you want to "adjust status while in the U.S." or go through "consular processing at an American post abroad".
If you plan to "adjust your status while in the U.S." you use form I-485. I-130/I-485 can be filed and adjudicated concurrently.
If you want to enter the U.S. as an immigrant ("consular processing" you file form DS-230 Part I with the National Visa Center and later DS-230 Part II with a consular officer at a consulate/embassy outside of the U.S.
I-130 is an alien relative petition filed by your spouse on your behalf. I-130 has a question if you want to "adjust status while in the U.S." or go through "consular processing at an American post abroad".
If you plan to "adjust your status while in the U.S." you use form I-485. I-130/I-485 can be filed and adjudicated concurrently.
If you want to enter the U.S. as an immigrant ("consular processing" you file form DS-230 Part I with the National Visa Center and later DS-230 Part II with a consular officer at a consulate/embassy outside of the U.S.
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05-27 03:19 PM
They both look really nice amit. I have added them both up!
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DareYouFireMe
04-19 09:56 AM
Probably you got to make you aware of science of immigration. Tell the authorities what they ask for (not what you want to tell). These days merger and aquisitions are commonplace and USCIS may be aware of these situations.
Hello all,
My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.
I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.
Any examples of letters or list of supporting documents will be appreciated.
Regards,
Alex
Contributing $20/month
Hello all,
My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.
I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.
Any examples of letters or list of supporting documents will be appreciated.
Regards,
Alex
Contributing $20/month
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10-30 12:09 AM
Henna/Mehendi will not affect fingerprint. It does not affect the ridge detail in your hand. no?
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jthomas
03-12 06:44 PM
It was closed by the administrator but it had 3 pages of opinions in it. Should be worthwhile looking back for it.
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singhv_1980
01-29 04:30 PM
What is unemployment wage report? I read that many visa seekers were asked for this.
Also, they were asked for a notarized list of all the employees with their job title, salary and immigration status. Wow now to get salary information for everyone is breach of privacy.
Also, they were asked for a notarized list of all the employees with their job title, salary and immigration status. Wow now to get salary information for everyone is breach of privacy.
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vts31
10-20 04:46 PM
i did it with paper a while ago.
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aj_jadeja
11-14 12:15 AM
Guys
Please chk this URL its about lame duck session . I know its dated Nov 9th but still.
http://thomas.loc.gov/cgi-bin/query/B?r109:@FIELD(FLD003+d)+@FIELD(DDATE+20061109)
it says this.
November 15 and 16, Subcommittee on Immigration, Border Security, and Claims, oversight hearings entitled ``The Energy Employees Occupational Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Veterans When We Created the Program?'' (Parts IV and V), 2 p.m., on November 15 and 10 a.m., on November 16, 2141 Rayburn.
I m confused with above details.
Aj
Please chk this URL its about lame duck session . I know its dated Nov 9th but still.
http://thomas.loc.gov/cgi-bin/query/B?r109:@FIELD(FLD003+d)+@FIELD(DDATE+20061109)
it says this.
November 15 and 16, Subcommittee on Immigration, Border Security, and Claims, oversight hearings entitled ``The Energy Employees Occupational Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Veterans When We Created the Program?'' (Parts IV and V), 2 p.m., on November 15 and 10 a.m., on November 16, 2141 Rayburn.
I m confused with above details.
Aj
martinvisalaw
12-22 12:03 PM
You don't say when the change of status (COS) to H-1B took effect. I assume it was 10/1/09, if you were subject to the H-1B cap. If you have not worked for the H-1B employer, then you are unfortunately out of status now and any COS would probably be denied. If you have a valid H-4 visa, you could leave the US and re-enter showing the H-4 visa to return to H-4 status.
conundrum
12-18 04:15 PM
Unless the dependent is going to have his 140 filed under EB1 I am not sure it would help.
But to answer your question, I think it is ok to file. Check with your attorney before you do that though
But to answer your question, I think it is ok to file. Check with your attorney before you do that though
