Wednesday, June 29, 2011

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  • Blog Feeds
    11-10 03:40 AM
    AILA provided a very important update from the State Department, we wish to share with our readers.

    The Department of State has issued comprehensive new policy guidance on the use of DNA testing in the visa application process. This new guidance is set forth in a new set of extensive Notes to 9 FAM 42.44.

    In this new guidance, the State Department declares DNA technology to be the only acceptable non-documentary method for proving a biological relationship. The preferred specimen collection technique for DNA testing is by buccal (cheek or mouth cavity) swab.

    According to the Department, DNA testing is expensive, complex and time consuming and thus should be recommended only if no other credible proof of the claimed relationship exists. Consular officers should treat DNA testing as a last resort: all other possible methods for confirming the existence of a biological relationship must be exhausted before recommending this course of action. Even then, DNA testing may only be recommended, but never required by the consular officer.

    Consular officers may recommend DNA testing solely to prove a relationship; they may never recommend DNA testing in an attempt to disprove a relationship. Only DNA test results reporting a 99.5 percent or greater degree of certainty as proof of a biological relationship between a parent and child may be accepted in visa cases.

    The Department clarifies that consular officers adjudicating Form I-130 Alien Relative petitions (http://www.h1b.biz/lawyer-attorney-1132137.html)are not authorized to approve the petition if DNA test results are the sole evidence of the claimed biological relationship. Such cases are not "clearly approvable" per the provisions of 9 FAM 42.41 N4.2-3; accordingly, they must be forwarded to USCIS for adjudication. Parenthetically, USCIS is authorized to approve I-130 petitions supported solely on DNA testing.




    More... (http://www.visalawyerblog.com/2009/11/i130_alien_relative_petitions.html)





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  • kirupa
    08-04 11:16 PM
    How are you calculating the border right now? Are you simply taking the size of the image and subtracting a few pixels?





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  • number30
    10-31 12:37 PM
    Hi, I am in 8th year of H1b with 140 approved (EB3) from company A. I would like to switch to company B and planning to start EB2 quickly to enage a new interesting project . I have following questions related to the same and early advice from you all would be highly appreciated as am running out of time in engaging the new project.

    1. Can I do H1 transfer from company A to company B using A's 140 approval after my 6 years of original h1b quota. I am currently on 8th year of h1b.

    2. Can I able to port the priority date from company A's EB3 filing with the new EB2 filing from company B?

    3. If company A cancels the 140, still can I able to port the PD ?

    thanks.
    CS

    If your I-140 is approved and dates not current you can get one time three years H1 extension. Otherwise one year extension is available.
    Since your I-140 is approved You can port the priority dates even if Company A revokes the I-140





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  • loku
    10-02 12:57 AM
    I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.

    I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.

    Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
    1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
    2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?

    What is my best course of action.

    Any help will be really appreciated.



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  • jnc
    07-12 02:15 PM
    fromnaija,

    Thanks for your answers.

    jnc





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  • mybond
    07-19 01:26 PM
    Hi

    It will great help if some body can help regarding this.

    I had my H1B from A Company,Recently i have moved to B Company where i was asked to go to UK for Business purpose.I have yet to have stamping from B Company.I still have valid visa till end of next year from Company A name stamping in the passport.Will there be any issues for comming back from UK without having stamping.

    Thanks



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  • GC_ki_daud
    08-21 11:31 AM
    Or they dont care about Processing dates just like they dont care much about increasing their work speed





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  • onsitus
    04-10 05:41 PM
    I redone it following Kirupa advice (still kept the name though :)) and done the writing part pixel by pixel.



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  • EBX-Man
    06-01 10:08 AM
    When someone says it is ok, it sure is a relief but just for clarification, what is the asnwer to be given by someone is the same situation at the POE when asked whether he is working for the GC filing company or not





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  • Waitingnvain
    07-31 05:58 AM
    If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.



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  • godbless
    05-09 03:04 PM
    In your letter of sponsorship which employer you are going to mention? You will need a letter of employment from your employer.





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  • zeorist123
    03-11 02:39 PM
    My am in eb-3 category with a PD jan 2007.
    I applied my i-485 to NSC and it was transferred to NBC in 2009.
    NBC arranged an interview with the local immigration office in April 2009.
    The Immigration Offer issued a welcome notice even though my PD was not current.
    I still have not received the GREEN CARD.
    In March of 2011 I received an email saying that my case has been transferred to TSC "to speed up processing"
    So I dont know if this is a good thing or a bad thing.
    Please respond.

    FYI: I have NOT changed my Job, my employer or my address.



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  • sreenuk
    10-07 09:52 PM
    I have applied for my extension of H1B at Vermont Center. my first three years on H1b expired on Sep 8th. The application was filed on July 20th and it is normal processing. I have my H1b and H4 receipts with me, but its not yet approved. I am planning to take B1 visa appointment for my mother. Shall i send my mother to B1 stamping with H1B receipt.

    Does Chennai consulate will accept H1b receipt for Visitor Visa or Shall we wait for H1b Approval? thanks in Advance....

    thanks,
    Sreenuk





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  • kshitijnt
    08-27 07:48 PM
    Hello All,

    I am in a strange situation.

    My attorney is about to file my I-1485 this week.

    My details:

    Previous company:
    Perm PD: June 2006 EB2
    I-140 EB2 approved in Nov/2006.

    Current company:
    PERM filed: Oct/24/2007
    I-140 EB2 filed on Jan/31/2008
    trying to recapture the old PD of June/2006.

    Today, when I checked my I-140 status, it says "Request for Evidence sent" yesterday.

    What are my options now? I do not know if I am eligible to go ahead and file my I-485 now ? What are the implications if I go ahead and file my I-485 now.? Please let me know your ideas.

    Thanks in advance

    wait for the RFE. And respond to it first. Or you can go ahead and file anyway.



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  • jersey_folk
    10-01 10:37 AM
    I am on a L1 visa which has expired April 2006. I have got my petition extended till 2008. Can I transfer my L1 from Employer A to another Employer B. Can employer B transfer my current L1 petition to his company?

    Please reply ASAP.





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  • ashkam
    07-20 01:06 PM
    What does your labor certification have to do with the medical test?



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  • mgakhar
    02-28 11:28 AM
    I had posted a similar question a few weeks back and here is the link to it. I followed leoindiano's advice and got my FP notice just y'day ...

    http://immigrationvoice.org/forum/showthread.php?t=17261

    Hope this helps.

    MG.





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  • alparsons
    November 8th, 2004, 10:11 PM
    Hi,
    I don't have direct personal experience with those particular lenses, however as a general rule suplementary lenses can be designed to give sharper results if they are designed to go in front of a particular lens. (the Nikon suplementary wide angle is probably slightly sharper) If it were me I would try the lenses I already have to see if the results I got from either or both were adequate for my personal purposes before I shelled out more bucks to change them. Even if they are terribly unsharp you may find that the exact look of the unsharpness is apealing in your images.

    as far as a UV filter goes it is usualy a very subtle difference in the look of the images, unless you have a habit of destroying the front element of your lenses. If that were the case it could save you the cost of replaceing scratched lenses. Personaly I just make it a habit to keep my fingers off of the front of the glass, and so far in the last 30 or so years I haven't needed to keep a UV or skylight filter on my lenses.

    This person "immeb2" has interesting profile--> I140 Mailed Date after I485 [Archive] - Immigration Voice

    View Full Version : This person "immeb2" has interesting profile--> I140 Mailed Date after I485






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  • myimmiv
    06-08 03:51 PM
    Thanks Elaine for your reply. Yes you are right, it is a substituted labor, but I have raised the concern because my PD is May 2005 which is after PERM came in effect. Hence how did the lawyer use the old (pre PERM) EAT 750B for this labor ?





    uncentainty
    05-08 10:18 PM
    I worked under H1B (valid 11/02/2009 - 10/14/2012) with nonstop paystubs since 11/02/2009.

    On 08/02/2010, some bad girl just wrote one short sentence false statement to USCIS and cancelled/revoked my H1B on 08/09/2010 secretly since she didn't notify anybody about what she had done. She also ignored 2 USCIS letters (dated 08/13/2010 and 02/04/2011 respectively) regarding the H1B cancellation.

    When I was going to join a new employer in March, I was told that my H1B was "inactive" and "retracted" by USCIS. the bad girl subsiquently filed a H1B petition with nunc pro tunc requirement for me but USCIS only approved I-797B with validation period 04/14/2011 - 10/14/2012 without I-94. I have to get H-1B visa from a US consulate.

    Will I be subject to 3 years ban?! Technically I have been OOS since 08/09/2010, however, I have been paid without any gap since 08/09/2010. I have nonstop paystubs since 11/02/2009. I am still being paid. The next paystub will be available on next Friday.

    Will I be subject to 3 years ban?! Can I apply for a visa back?! Can I file a criminal charge against this bad girl?!

    I feel hopeless until found this forum! Thanks for your helps!!!

    Life is uncertain





    oliTwist
    05-17 11:38 AM
    Hi folks,

    My baddest of the bad phases started recently when I lost my wife's birth certificate from India. Worst part is we dont have backup (no photo copies of it).

    Anyways, We are waiting in the 485 queue, working on EADs. Question to all folks, do still need birth certificate now for the green card process, as we have already sent the application?

    And how bad it is with redtape/corruption in India, to get another birth certificate from my wife's birth hospital, when we try by ourselves (I mean not involving our/her parents), when we visit India next time (maybe for a month)?

    Appreciate your responses..



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