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11-08 03:30 PM
Delaware Immigration Lawyer Blog Has Just Posted the Following:
Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.
J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.
J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.
IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.
Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.htmlhttps://blogger.googleusercontent.com/tracker/1142140030762969806-7761603453596008712?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/j-1-waivers-for-foreign-physician.html)
Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify such requirement.
J-1 waiver applicants first submit their application (DS-3035) to DOS (Department of State) processing center. Subsequently, the applicants and the sponsoring employer must submit all information to IGA (Interested Government Agency) which will review the application and then forward the recommendation to DOS Waiver Review Division (WRD). After WRD issued its own recommendation, the case will be forwarded to USCIS for final decision.
J-1 waiver once granted, the physician will work in H-1b status. Therefore, J-1 waiver applicants must also qualify for H-1b requirements. As soon as WRD issued its recommendation, H-1b application can be submitted so that it can be adjudicated with the J-1 waiver application.
IGA can be a state department of health or any other federal agency, including Department of Veterans Affairs, the Appalachian Regional Commission, Delta Regional Authority and US Department of Health and Human Services.
Please also see State of Delaware website for more information: http://dhss.delaware.gov/dhss/dph/hsm/j1visahome.htmlhttps://blogger.googleusercontent.com/tracker/1142140030762969806-7761603453596008712?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/j-1-waivers-for-foreign-physician.html)
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godspeed
02-16 09:08 PM
ok this is a little unusual, my exp so far has been the checks are almost always cashed within 3-4 days, call cust center or take infopass and follow up, if you have a lawyer then ask him to check on it.
However i am not sure why your application reached VSC.
We have been applying for advance parole document at NSC for the last few years.
This time also we sent our application to NSC on 01/28/2010.
However, after about 15 days, we received a receipt notice letter from Vermont service center and the case is now pending at VSC. Moreover, the check is not cashed yet.
Based on the state we are living, the I-131 application instructions specify that I-140 based applications should be sent to Nebraska service center.
I am wondering if USCIS started processing I-131 applications at VSC.
Or our application is mistakenly misclassified and sent to VSC.
Any comments?
However i am not sure why your application reached VSC.
We have been applying for advance parole document at NSC for the last few years.
This time also we sent our application to NSC on 01/28/2010.
However, after about 15 days, we received a receipt notice letter from Vermont service center and the case is now pending at VSC. Moreover, the check is not cashed yet.
Based on the state we are living, the I-131 application instructions specify that I-140 based applications should be sent to Nebraska service center.
I am wondering if USCIS started processing I-131 applications at VSC.
Or our application is mistakenly misclassified and sent to VSC.
Any comments?
coolpal
03-23 07:25 AM
dude.. that attitude might not help you on a public forum where people offer help/suggestions for free... and c'mon, this isn't your english class.. so I guess if you can understand 'ur' is 'your'.. you can get over it.
coming to your point, I see no reason why you can't... only catch is, if you have already used up your 6 years of h1, then the new h1 time is in excess of 6 years, which will be approved for 3 years only if your AOS is pending and your 140 is approved.
pal :)
EDIT: btw, why don't you please update your profile, so it helps IV track uscis behavior.
coming to your point, I see no reason why you can't... only catch is, if you have already used up your 6 years of h1, then the new h1 time is in excess of 6 years, which will be approved for 3 years only if your AOS is pending and your 140 is approved.
pal :)
EDIT: btw, why don't you please update your profile, so it helps IV track uscis behavior.
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gjoe
10-28 08:03 AM
http://immigrationvoice.org/forum/showthread.php?t=14937
Thanks
Thanks
more...
gchopes
10-15 09:55 AM
I just want to confirm that this ruling is still in effect. Use AP to return as Parolee, never used EAD, can continue to work for same employer on approved H1B petition. Are there others in this situation as well?
MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
deepimpact
08-16 04:38 PM
I checked the German Mission in the US website and there I-797 is not mentioned among the documents permissible as exception for Transit Visa. Best is to call the German Mission and confirm. When I spoke to them it looked that they were already aware of this confusion and gave me a definitive answer that I didn't need the transit visa.
more...
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chrisclick
04-10 03:29 PM
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james_bond_007
03-21 01:19 AM
are there any approvals from TSC lately ? since the online status is down, there is no way to get status updates now. Worse yet we don't get notifications on RFE's and if the lawyer did not notify on time, this is going to be a disaster..
more...
gcisadawg
03-23 12:04 AM
hi gurus,
please advise what are my options. I-140 is pending and i have 9th year H1-B expiring Dec 2009. still working for same company. in case I-140 stays pending up to December 2009. what should i do to stay in status.
thanks in advance.
My 9th year H1B will expire in two days. My I-140 is still pending with TSC. I've sent my papers for H1B renewal. Hoping to get an extension till March 2010.
Hang on...I-140 approval is the key for 3 year H1B extension and 2 year EAD extension.
please advise what are my options. I-140 is pending and i have 9th year H1-B expiring Dec 2009. still working for same company. in case I-140 stays pending up to December 2009. what should i do to stay in status.
thanks in advance.
My 9th year H1B will expire in two days. My I-140 is still pending with TSC. I've sent my papers for H1B renewal. Hoping to get an extension till March 2010.
Hang on...I-140 approval is the key for 3 year H1B extension and 2 year EAD extension.
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chanduv23
07-10 09:15 AM
Lets us all convey a big thanks to these guys who worked/are working on this effort.
A big thanks to all the members who actively participated and participating in the flower campaign.
A big thanks to all the members who actively participated and participating in the flower campaign.
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BumbleBee
08-02 05:02 PM
Hi,
Sorry if I posted in the wrong forum,
I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?
Thanks
Yes, you can transfer to any employer and any number of times. At one point, I had 3 approved H1b, but as rule says, I could work only for one at a time :)
All the H1B's are valid till employer revokes it or it expires on its own.
The only danger I see in your case is continuous H1 status. If your current employerB goes ahead and cancels H1 petition, you would have worked illegally for the period of time you were with employerB. That can cause problem in your employerC h1 filling and/or future I-485 filling.
Even if employeeB cancels your petition but employerA hasn't cancel your h1 and it has not expired, then you will not be considered out of status, but you will be considered the one who have worked 'illegally'. This situation might give you h1 approval with employerC, but will have implications in 485 application.
Its better to wait till you get approval notice for employerB and then switch to employerC based on employerB's approval notice.
my 2 cents...
BumbleBee
BumbleBee
Sorry if I posted in the wrong forum,
I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?
Thanks
Yes, you can transfer to any employer and any number of times. At one point, I had 3 approved H1b, but as rule says, I could work only for one at a time :)
All the H1B's are valid till employer revokes it or it expires on its own.
The only danger I see in your case is continuous H1 status. If your current employerB goes ahead and cancels H1 petition, you would have worked illegally for the period of time you were with employerB. That can cause problem in your employerC h1 filling and/or future I-485 filling.
Even if employeeB cancels your petition but employerA hasn't cancel your h1 and it has not expired, then you will not be considered out of status, but you will be considered the one who have worked 'illegally'. This situation might give you h1 approval with employerC, but will have implications in 485 application.
Its better to wait till you get approval notice for employerB and then switch to employerC based on employerB's approval notice.
my 2 cents...
BumbleBee
BumbleBee
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go_guy123
07-21 01:20 PM
one lawyer whom I spoke with says it is still ok...basically they need senior applicants in their field who has done some supervisory work and can do managirial work..I don't know how much it is true.
Yes its true. Since 2008 Canada has been tightening the skilled immigration rules and has now restricted to mainly educated or worked in Canada or few occupations only.
Recently even Alberta has tightened the provincial program as well.
Yes its true. Since 2008 Canada has been tightening the skilled immigration rules and has now restricted to mainly educated or worked in Canada or few occupations only.
Recently even Alberta has tightened the provincial program as well.
more...
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goel_ar
03-31 03:46 PM
I recently applied for a PAN Card. Got a DD through my parents in India and sent the form. Today they sent a mail with following --
1) We are yet to receive payment for application.- Kindly e-mail Cheque /DD no. and date on which amount has been debited from your account
2) Photograph provided is not proper for scanning.
Have any one faced similar problem ? A valid DD was included and they say they did not receive the payment ?? Also, the photo was of right size and clear enough so I am not sure what else to do.
Any help will be greatly appreciated
check with your bank whether they cashed the DD. tell them DD is lost - they might cancel old one & issue new one.
Photograph - no idea. call them & find out.
1) We are yet to receive payment for application.- Kindly e-mail Cheque /DD no. and date on which amount has been debited from your account
2) Photograph provided is not proper for scanning.
Have any one faced similar problem ? A valid DD was included and they say they did not receive the payment ?? Also, the photo was of right size and clear enough so I am not sure what else to do.
Any help will be greatly appreciated
check with your bank whether they cashed the DD. tell them DD is lost - they might cancel old one & issue new one.
Photograph - no idea. call them & find out.
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ivuser9
12-07 10:02 AM
Day1 ur h1b visa starts
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Blog Feeds
10-15 06:30 PM
India has expressed its concern to the Chinese government over Beijing issuing visas on a separate sheet of paper to Indian nationals from Jammu and Kashmir instead of stamping them in their passports. Ministry of External Affairs (MEA), India strongly believes this, as a well-thought-out strategy to question the status of its state Jammu and Kashmir. It has been issuing visas stapled to passports to people from Arunachal Pradesh who have traveled to China since 2007.
MEA spokesperson Vishnu Prakash says �We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.�
It�s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA�s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.
This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.
More... (http://www.visalawyerblog.com/2009/10/unique_visa_policy_adopted_by.html)
MEA spokesperson Vishnu Prakash says �We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.�
It�s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA�s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.
This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.
More... (http://www.visalawyerblog.com/2009/10/unique_visa_policy_adopted_by.html)
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greenmonster
03-26 02:37 PM
Hello,
I need your advice / opinion on the below scenario...
I and my wife are both employed at the same company, currently on H1.
I am the primary for our GC processing; my wife is dependent on me with regards to GC.
We both got our EAD and AP. 140 approved in May 2007, 485 Filed in Aug 2007.
I have submitted I-9 to the company in order to be on EAD status.
I am planning to have my Wife resign from the current employer and work for a diff company/vendor by using EAD.
Questions: 1.Does the above scenario bring up any issues with regards to our work status or any other issues with the current employer or to the GC process?
2. Can I work on a part time project?
Please advice
I need your advice / opinion on the below scenario...
I and my wife are both employed at the same company, currently on H1.
I am the primary for our GC processing; my wife is dependent on me with regards to GC.
We both got our EAD and AP. 140 approved in May 2007, 485 Filed in Aug 2007.
I have submitted I-9 to the company in order to be on EAD status.
I am planning to have my Wife resign from the current employer and work for a diff company/vendor by using EAD.
Questions: 1.Does the above scenario bring up any issues with regards to our work status or any other issues with the current employer or to the GC process?
2. Can I work on a part time project?
Please advice
more...
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sarath99
01-14 11:33 AM
My wife came to USA in 2002 on H4.She changed from H4 to H1 in 2004 Nov.Since then she worked continuously till now (Jan 2009).Now she's planning to take a break and change back to H4.If she wants to work again sometime in future maybe after a couple of years will she come under quota?Does she have to apply for a new H1 or can she work the remaining 2 yrs left on her H1?We missed the bus and could not apply for 485 in July.
Thanks to any suggestions.
Thanks to any suggestions.
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jettu77
05-12 02:34 PM
I am having my EAD and AP and I am not using my EAD.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
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ingegarcia
06-28 01:25 PM
Hi,
My lawyer says i can join company B as soon as USCIS has received my application for H1B transfer? is this true or do we have to wait for receipt number/case number?
I need to know this because my company will not file I-485 until i join them but under the current backlog CSC is having a huge backlog with receipting H1B transfer cases.
Please help
This is part of the email the lawyer send me
I filed your case yesterday. Your case will be received today. This means that you are eligible to give your notice and begin working for XXX.
My lawyer says i can join company B as soon as USCIS has received my application for H1B transfer? is this true or do we have to wait for receipt number/case number?
I need to know this because my company will not file I-485 until i join them but under the current backlog CSC is having a huge backlog with receipting H1B transfer cases.
Please help
This is part of the email the lawyer send me
I filed your case yesterday. Your case will be received today. This means that you are eligible to give your notice and begin working for XXX.
msekhargc
12-11 01:57 PM
my 140 has been transferred from TSC to VSC on 11/27/07.. no updates after that.
imig2007
06-14 06:46 PM
Yo it's not Greediness, my current employer didn't file almost to the end of my 6 yar period, so i had to take other route.
farras
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