Sunday, September 4, 2011

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  • bbenhill
    03-11 12:32 PM
    Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

    her pregnancy is sometime around 6 months now and they will need insurance..

    Thx for your help :)





    * Coming as H4 --> So, assuming to join a H1 or equivalent.
    * Spouse must be covered by his employer.
    * As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
    * Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.

    Relax.





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  • Keeme
    02-11 01:40 PM
    Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?

    Looking for your replies.

    Thanks,
    Raj

    Contributed $300 so far.

    Call and ask them how can they do this huge mistake and they will issue one for you as well !

    My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?





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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.





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  • ruchigup
    08-15 12:42 PM
    I am sorry to hear that....

    This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.

    http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html



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  • BECsufferer
    08-27 12:50 PM
    Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:

    BTW: It's a nice big and open facility!





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  • ronhira
    06-12 04:07 PM
    This is terrible news !:eek:

    Its not so bad. The President could have created a consensus to not to anything right now in the meeting on 17th June. He has postponed the meeting, which seems to indicate that they are trying to cut a deal or count votes required for the bill. Its not bad, its a good news.



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  • bkn96
    02-18 10:58 AM
    My MTR got approved in 2 months from TSC.

    But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?


    I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.





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  • franklin
    03-24 01:00 AM
    In prep for the conference call, I suggest everyone read the documents prepared by Varsha and Sanjay (varsha@immigrationvoice.org sanjay@immigrationvoice.org) so that we know how to present our united case and make a memorable impression.

    You can either email them, or PM me, and I can forward the docs, so we can read and inwardly digest!

    The lawmakers I believe we need to talk to are:-
    House Representative: Nancy Pelosi
    Senators: Barbara Boxer
    Dianne Feinstein



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  • VivekAhuja
    09-29 01:53 PM
    You cannot get reimmbursed or file a claim. You can but will not get $$ back.





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  • mariano
    07-29 03:54 AM
    Hi!

    My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

    Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

    Please advise. Thank you!

    Hi!

    My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

    Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

    Please advise. Thank you!



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  • sodh
    07-24 10:28 PM
    Passport is a travel document and has to be in order if you are travelling or have to stamp a Visa,but your I-94 has to valid when you are applying for AOS.





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  • ns007
    01-04 09:37 AM
    1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.

    2. If employer is paying for it, ask them that you would pay for the second I-140.

    3. If employer does not agree on either of the choices listed above:
    a. File for EB3 I-140
    b. Join a new employer and file a new EB2 labor and port your EB3 priority date.



    They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.



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  • gsc999
    09-05 07:07 PM
    I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm

    ---
    That was supposedly a procedural issue between Dept. of State (DOS) and USCIS. The way the DOS releases visa numbers and procedure USCIS follows to utilize them. Read this blog by one of the IV core members for more details: http://nixstor.blogspot.com/2007/06/how-does-july-2007-visa-bulletin-became.html

    I stayed in Al Asarma Ramadan City for work. Went to Iskenderiya not Sharm.





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  • GoneSouth
    03-21 10:40 AM
    Hi Nickhil,

    See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.

    You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.

    With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.

    - gs



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  • hsingh82
    04-09 05:33 PM
    I think we will be in the long wait together :D, my perm should be filed in next couple of days.





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  • optimist578
    01-19 07:30 AM
    I-140 Filing date : Nov 2006
    Category: Eb3
    NSC



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  • jasmin45
    08-07 09:58 PM
    Hello members,

    I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
    How should I present this on form I-485 (question about citation/arrest)?

    Could you be specific on this citation. Its always advisable and safe to show all citations recorded in the application. If you are not comfortable dropping in more information in this forum, talk to an attorney and seek advise on your specific case.





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  • rajenk
    02-11 12:56 PM
    Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?

    Looking for your replies.

    Thanks,
    Raj

    Contributed $300 so far.





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  • s416504
    08-29 12:30 PM
    Here is the New Poll. I hope will give good analysis





    dixie
    10-01 01:16 PM
    It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
    This is exactly the situation that one of my colleagues finds himself in.





    But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.

    BUt thanks for your clarification. I used to think PERM has solved problems for all.





    Simran21
    10-01 05:35 AM
    While taking a VISA appointment , there is a question which says "Are you applying for same visa class that expired in the last 12 months?"

    Here are my doubts

    1. I had a H1 B VISA which expired in May 2007 processed by my previous employer. As I am applying for the same VISA class , but though a differnt employer, should the answer be 'YES'?

    2. Since my daughter will be appearing for the H4 VISA interview for the FIRST TIME, Is she also eligible to come along with me if I choose "YES" to the question "Are you applying for same visa class that expired in the last 12 months?".

    Thanks in advance.



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