Thursday, June 30, 2011

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  • TJH 34
    11-30 06:54 AM
    Hello,

    I need some advice concerning my application for a B2 Tourist Visa to the US as my wife and I wish to travel to Disneyworld Florida next December to celebrate our belated honeymoon:

    I received a police caution in March this year for "Battery" under Section 39 of The Criminal Justice Act after a domestic argument with my wife here in the UK.

    I also have a UK driving conviction from 2006 for "Driving Without Due Care and Attention" which resulted in a �100 fine and six points on my licence which have now expired.

    Do either of these cautions/convictions constitute a crime of "moral turpitude"?

    I am rather concerned that although I have read that a simple assault/battery does NOT constitute "moral turpitude," spouse abuse certainly does under US law.

    Does the definition of simple battery or spouse abuse depend on which country the caution was received in?

    The incident in question was more of an argument than one of domestic violence. I grabbed my wife's arm and she twisted herself trying to get away from me and she fell over which left her with a minor bruise and scratch. I certainly did NOT use any deliberate force or physical violence towards my wife.

    The argument arose because I had been unemployed for over a year and my wife was stuck doing a job she hates and financial difficulties at the time had put a strain on our relationship. Now that I have secured a full time job and our financial problems have depleted, the relationship between my wife and I is very stable and loving.

    However, if the consular officer at the embassy decides that this is a crime of moral turpitude, would I still be eligible for "petty crime exemption" (as the maximum sentence for a Section 39 battery crime is six moths in jail) even though I have the driving conviction from 2006?

    Any assistance and guidance on this matter would be greatly appreciated.

    Regards,


    TJH 34




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  • martinvisalaw
    08-03 05:11 PM
    which visa can someone apply for it s/he intends to work as a caterer?is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?

    It is unlikely that this would qualify for J-1 status, unless the caterer was coming here as a trainee of some sort. J-1 is for exchange visitors.

    All J-1 visitors must have a �program sponsor.� There are �umbrella sponsor� organizations, e.g. the American Council on International Personnel (American Council on International Personnel (http://www.acip.com)) and the Association for International Practical Training (Welcome to AIPT.org (http://www.aipt.org/)). You could contact them for specific information.




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  • krupa
    06-04 02:38 PM
    If you are in a project and your client is ready to give a letter stating abour your employment on the project , there won't be any problem.

    Note: I am not an attorney, consult attorney's for better suggestion




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  • auvrm
    05-18 06:18 PM
    (I'm a new member to this forum)

    My H1B extension was approved for only 6 months, based on the SOW (Client Contract) end date (rather than the usual 3 year extension).

    I would be just about in my maternity leave for the pregnancy during the petition expiry and if my further extension is denied (god forbid), I was told that I would be terminated from my employers' payroll and I have to leave the country or change my status to Student, Visitor etc.

    FYI: I'm working for this company since Oct 2005.

    Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?



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  • piyu7444
    04-05 02:03 PM
    Thanks for reply. So at what stage candidate become part of communication in GC process. Or can start keep tracking the case.
    Thanks.

    It all boils down to the relationship you have with the employer and how flexible they are w.r.t immigration policies etc.

    I know of people who were involved from day 1 till they filed 485 and I know of people who were not involved untill filing of 485 had to be done.

    Your case it looks like that employer wont tell you if he has an approved 140. If that is true then you will only get involved when your PD is current- to file AOS.




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  • Eli2007
    09-25 02:11 AM
    thanks gcwaiting!!! I was so worried, my attorney told me that I onlyhad 45 days, maybe he wanted his payment in 45 days......
    This is to complicated and INS take a lot of time to respond....By the way do you know aproximately how long will take to receive the I-140 approval? And if there is a chance to receive a DENIED notice? I'm so wooried about all this process and alo because I don't have the best attorney in th all world, and sometimes I don't know what to do...I'm learning a lot fom this forums. Thanks Again....



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  • dxldad
    05-18 11:57 AM
    Did you apply for an H4 along with H1? You should ask this question to one of the attorneys, this is pretty complicated.




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  • ebizash
    01-28 03:18 PM
    You are lucky that you atleast have a copy of the approval, most employers won't even give a copy since it is employer petition....



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  • roseball
    04-03 04:30 PM
    Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.

    Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.

    Not while an appeal is pending. Even then, it depends on what the job and educational requirements were on the labor application. What was the reason for EB-2 I-140 denial?




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  • four1seven
    05-16 09:23 PM
    Yeah I agree, but I don't have any cool pixel fonts, i just got that one today off that link in the main design forum. :(

    Thanks for the compliments otherwise :D



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  • ndev2k
    12-08 04:52 AM
    Thanks




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  • gc_lover
    07-03 02:36 PM
    I think its too early to get any fedex back, maybe from next week!



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  • bestin
    12-11 10:36 PM
    Hello All,

    My wife's AP was sent out on NOV13th according to online status and we didnt receive it till now and I called the USCIS today and the rep we didnt receive it back as undelivereable & once its once out of our office its not their concern & told re-applying is the only option.

    Issue?: My wife went to INDIA and she is on L1 and I was wondering when I re-apply her AP here, can she enter while her AP is pending approval ?
    her L1 is valid till June 2010.

    What are our options, please advise.

    If she has a valid L1 stamping in passport and she is still working for the employer she can enter without problems.




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  • gcmaya
    10-10 12:17 PM
    NOT YET, but OCT bulletin is archived. so NOV may come out soon.

    Does anyone know when is the November 2006 visa bulletin gonna be out?



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  • rkanth12
    10-07 10:06 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

    Yes. I used for twice for two different people. No problem.




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  • deafTunes123
    08-13 08:53 PM
    I've seen people getting the GC Approvals even though their PD is not current. But close to current published dates.

    Good Luck to you and Keep your fingers crossed. Technically you are not in, but still you may be in. You never know with USCIS.



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  • smisachu
    11-03 03:39 PM
    For the more sophisticated types, you can do a carry trade by shorting USD in the Fx markets and putting the proceeds in a Brazilian short term bond which yields 9.5%. Everbank in Nevada issues a Brazilian bond by an AAA rated German bank. Not government backed debt but the underlying instruments are all government bonds.

    The net of transaction costs is a yield pick up of about 7.5% and your money invested is Zero. Of course there is no such as a free lunch and you need to have accounts with the ability to seamlessly trade Fx and other instruments. Plus you will have the risk of default on your shoulders.

    -Cheers




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  • crazy
    07-18 12:27 AM
    I congratulate everybody for getting the opportunity to file 485.I am truely happy for u guys.
    I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
    I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
    I just need some lodgical reasons that it won't happen.
    I know everybody is busy but don't forget about people like us.




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  • Jinlaw
    03-20 04:41 PM
    Thanks guys, I'm glad you like it! :beam:




    AJT
    07-06 10:41 PM
    Dear Core Team,

    Can you please indicate on the site if there are any bills (pending or otherwise in both the house and senate) that can get renewed focus or revived that would offer some sort of relief to the current situation of unavailability of visa numbers in the employment based green card process. I strongly feel that the current momentum and attention being drawn by the DOS/CIS update can be used to urge congress to pass some interim measure outside of CIR. That is where in my opinion should IV's focus be at this juncture. If and when you post anything on the site, i and other IV members i'm sure shall begin calling house reps. and senators to urge them for bringing the bill to the floor so that it provides relief to hundreds of thousands of legal immigrants.

    Thanks!




    imneedy
    05-20 11:27 PM
    Hi all,

    I submitted an application via premium processing for EB-1a with USCIS at the Texas Premium Processing Centre last month (April 2007).

    I received an RFE notification via letter after two weeks listing the requirement of further evidence against 3 out of the 8 criteria I submitted.

    I can submit further evidence - but my question is this ... "Why have they not made mention of the other 5 criteria I submitted" ? Has this failed ? Do they not matter ?. I am quite concerned because they have not made any mention of my other criteria ? Does anyone have any advice.

    Thanks in advance.

    There is a complete black box on the other side and you should be prepared for all 8 in case a query comes. good luck!



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