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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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ivgclive
06-15 11:34 AM
My AP was approved while my wife's it was denied with reason "there is no pending I-485". My PD is 22 Nov 05 which is not yet current so I don't understand why they denied derivative spouses petition while mine was approved. We had an interview back in January and everything went on well there. Did anyone have similar issue? What are my options? I do not want to spend money and file for motion to reopen.
Thank you.
Did you send copy of I-485 receipt of her petition on the supporting document package?
Thank you.
Did you send copy of I-485 receipt of her petition on the supporting document package?
strafforddude
12-14 03:54 PM
Hi,
I am working for campany A on H1B visa. Company A sponsored my GC. My I-140 & I-485 are pending. I am offered a full time job at company B. Company B is not willing to apply for H1B, so i have to use my EAD. My current employer (Company A) agreed to let me go and supportive of my decision.
Question: If i use my EAD to join company B without informing USCIS, and at later point join my sponsoring employer (Company A) on same H1b which i have right now will it be a issue ?
Is there any way USCIS coming to know that i switched employees in between.
Thank you !!
I am working for campany A on H1B visa. Company A sponsored my GC. My I-140 & I-485 are pending. I am offered a full time job at company B. Company B is not willing to apply for H1B, so i have to use my EAD. My current employer (Company A) agreed to let me go and supportive of my decision.
Question: If i use my EAD to join company B without informing USCIS, and at later point join my sponsoring employer (Company A) on same H1b which i have right now will it be a issue ?
Is there any way USCIS coming to know that i switched employees in between.
Thank you !!
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anil.kudumulap@gmail.com
06-22 07:29 AM
Thank you Sanjay. I'll do that any other suggestions?
more...
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
myimmiv
06-05 06:39 PM
Hello all,
I applied for I485 + I150 in June 2007 under EB3. My I-140 is still pending.
Employer used a preappr labor with PD of May 2005. However, the lawyer gave me only the ETA 750B portion of the labor to fill
Now, from some forum I found out that PERM was started in March 2006 and the form was 9089 to be used for labor after march 2005 filings.
So, how did my employer file my labor using ETA750B part which was applicable for old labors ?
I applied for I485 + I150 in June 2007 under EB3. My I-140 is still pending.
Employer used a preappr labor with PD of May 2005. However, the lawyer gave me only the ETA 750B portion of the labor to fill
Now, from some forum I found out that PERM was started in March 2006 and the form was 9089 to be used for labor after march 2005 filings.
So, how did my employer file my labor using ETA750B part which was applicable for old labors ?
more...
thakkarbhav
01-20 02:32 PM
You can apply for multiple H1B at the same time. No need to pay Company but they will aks you to join once H1B gets approved. so at that point you need to decide which one is better for you. You can work for both of them if one of them is ready to offer you part time work. Please Get attorney advice on that part.
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wandmaker
02-11 08:51 AM
In re: All Immigration Matters on behalf of XYZ
Is it okay to sign on something like this? Or am I giving away permission for much more than they need, without knowing!
Hopefully it is okay to give a permission for "all immigration matters" but wanted to double check, just in case!
My attorney had the same text in my G28, I asked him the same question. It is fine, nothing to worry about.
Is it okay to sign on something like this? Or am I giving away permission for much more than they need, without knowing!
Hopefully it is okay to give a permission for "all immigration matters" but wanted to double check, just in case!
My attorney had the same text in my G28, I asked him the same question. It is fine, nothing to worry about.
more...
cnachu2
04-01 12:14 PM
Hi,
I am planning to send papers to my father, but i am Not able to see appointments available dates for Visitor Visa in Hyderabad. Always it says not available. Did any one see the dates, if so please let me know how i can check for the same. Now i am checking from https://www.vfs-usa.co.in/Frame.aspx?param=2AP4EtDeINaUTjC+6mQpXWTiohGYtRyA4 rzNQQlVUYCAkw0vmE5cfJtSUotlweZu
Thank You,
Chandra.
I am planning to send papers to my father, but i am Not able to see appointments available dates for Visitor Visa in Hyderabad. Always it says not available. Did any one see the dates, if so please let me know how i can check for the same. Now i am checking from https://www.vfs-usa.co.in/Frame.aspx?param=2AP4EtDeINaUTjC+6mQpXWTiohGYtRyA4 rzNQQlVUYCAkw0vmE5cfJtSUotlweZu
Thank You,
Chandra.
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i4u
12-20 12:25 PM
Graham: DREAM Act push damaged wider immigration reform effort
Sen. Lindsey Graham (R-S.C.) said Saturday that the failed Democratic effort to pass the DREAM Act in the lame duck session dealt a blow to future talks on a wider immigration bill.
�It was an exercise to try and taint Republicans with Hispanic voters, knowing that the DREAM Act under these circumstances could never pass,� Graham told reporters in the Capitol after the bill sputtered on the floor.
�What they have done on the DREAM Act is hurt overall comprehensive immigration reform,� he said.
The DREAM Act, which would give legal status to illegal immigrants who came to the country at a young age, lived here for at least five years, graduated from high school and attended college or served in the military, fell five votes short of the 60 needed to overcome a GOP-led filibuster � 55 to 41.
Graham has worked with Sen. Chuck Schumer (D-N.Y.) in the past to try and seek a Capitol Hill compromise on a wider reform plan -- one that would blend increased enforcement and border security with a path to citizenship for undocumented immigrants, among other measures.
He said the DREAM Act effort will make it harder to bridge divides on immigration, noting the impassioned advocacy on both sides of the issue.
�Our base is all riled up that this is amnesty, so you have taken a debate on immigration, one part of it, you have gotten people emotional before you can sit down and reason your way through a comprehensive bill,� Graham said. �Doing this vote the way they did it has hurt the ability to do comprehensive reform next year to some extent.�
What Graham conveniently forgets is that he gave up on the immigration bill, because it was being taken up before the 2010 elections!
Sen. Lindsey Graham (R-S.C.) said Saturday that the failed Democratic effort to pass the DREAM Act in the lame duck session dealt a blow to future talks on a wider immigration bill.
�It was an exercise to try and taint Republicans with Hispanic voters, knowing that the DREAM Act under these circumstances could never pass,� Graham told reporters in the Capitol after the bill sputtered on the floor.
�What they have done on the DREAM Act is hurt overall comprehensive immigration reform,� he said.
The DREAM Act, which would give legal status to illegal immigrants who came to the country at a young age, lived here for at least five years, graduated from high school and attended college or served in the military, fell five votes short of the 60 needed to overcome a GOP-led filibuster � 55 to 41.
Graham has worked with Sen. Chuck Schumer (D-N.Y.) in the past to try and seek a Capitol Hill compromise on a wider reform plan -- one that would blend increased enforcement and border security with a path to citizenship for undocumented immigrants, among other measures.
He said the DREAM Act effort will make it harder to bridge divides on immigration, noting the impassioned advocacy on both sides of the issue.
�Our base is all riled up that this is amnesty, so you have taken a debate on immigration, one part of it, you have gotten people emotional before you can sit down and reason your way through a comprehensive bill,� Graham said. �Doing this vote the way they did it has hurt the ability to do comprehensive reform next year to some extent.�
What Graham conveniently forgets is that he gave up on the immigration bill, because it was being taken up before the 2010 elections!
more...
gdhiren
09-07 03:32 PM
Also folks, don't forget this. We need help from local members on accomodation/transportation.
http://immigrationvoice.org/forum/showthread.php?t=12462
http://immigrationvoice.org/forum/showthread.php?t=12462
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Lasantha
12-31 03:25 PM
I don't think core is going to spill it's strategy on the forum for world to see. I would suggest you to join local chapter to know how things will be performed. :)
He He He, Yeah, and remember the can of worms that opned when they announced the short term plan to lobby for filing I-140 when visa numbers are unavailable. :D
He He He, Yeah, and remember the can of worms that opned when they announced the short term plan to lobby for filing I-140 when visa numbers are unavailable. :D
more...
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nsb_immig
01-05 10:51 PM
Hello anybody? This was the first Q of 2010. Someone, plz reply ?
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pappu
04-05 10:06 PM
Good job. Thanks. Pls check your PM.
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ultimate_champ
07-24 11:15 PM
IO discretion.
My in-laws came in Apr'08 to US and left in Oct-08 for India. They then came back again in Dec'08 due to some issues and they had no problems - they again stayed nearly for months.
My in-laws came in Apr'08 to US and left in Oct-08 for India. They then came back again in Dec'08 due to some issues and they had no problems - they again stayed nearly for months.
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vvpandya
05-12 08:44 AM
Is anyone having an issue with logging into account at uscis.gov?
more...
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billvor
05-06 04:04 PM
How to check my DV_2011 result?
Electronic Diversity Visa Lottery (http://dvlottery.state.gov/) after July 1st.
If you won - you will get mail notification
Electronic Diversity Visa Lottery (http://dvlottery.state.gov/) after July 1st.
If you won - you will get mail notification
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10-22 04:01 PM
Neaty! :P
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cshen
06-16 09:50 AM
I have current passport with valid I94, my lawyer asks for copy of all expired passport which has visas on it. But I ccannot find the expired passport, can I still file the I485. I appreciate your help.
Hong12
12-16 01:36 AM
I just talked to my lawyer again, and he told me that I�m overreacting! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything. Could you please advise what to do? Pls help. Thank you very much.
anilsal
06-16 11:45 PM
Hello
Thank you for your time and I appreciate your effort.
Scenario:
I have two Approved I-140s (both filed by same company).
• Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
• Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
Questions:
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
1) Send letters to the service center explaining your situation and the priority dates + 140 approval LIN#(NSC) or WAC# or whichever approval numbers you have. You need to stress that your dates are current and that your AOS applications have to be approved based on the current 140 (irrespective of which approved 140, the 485 apps were filed).
2) Send faxes same as the letter.
3) Call the NSC/TSC IOs. (If you reach the national customer service center, no luck).
4) Take Infopass.
One of the above options will work.
Thank you for your time and I appreciate your effort.
Scenario:
I have two Approved I-140s (both filed by same company).
• Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
• Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
Questions:
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
1) Send letters to the service center explaining your situation and the priority dates + 140 approval LIN#(NSC) or WAC# or whichever approval numbers you have. You need to stress that your dates are current and that your AOS applications have to be approved based on the current 140 (irrespective of which approved 140, the 485 apps were filed).
2) Send faxes same as the letter.
3) Call the NSC/TSC IOs. (If you reach the national customer service center, no luck).
4) Take Infopass.
One of the above options will work.
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