InTheMoment
03-01 10:34 PM
That is right. If it is feasible go for it. Also, what do you mean by residency for ur wife..medical one ?
In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.
In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.
wallpaper lampard Frank+lampard+and+
shreekhand
08-20 01:55 PM
I didn't quiet get from your message whether the "08xxxxxxx" has an "A" preceding it. In all probabilty it should.
If it indeed has an "A". It is a A# so you might as well forget about deducing on a visa # being assigned based on the A# on the FP :)
An according the website you referred to, nowhere does he mention about a visa #. The A# being assigned for life has nothing to do with a visa # !
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with 08xxxxxxx. I wonder if it is the actual visa number since according to http://www.kkeane.com/general-faq.shtml my number is the visa number:
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
If it indeed has an "A". It is a A# so you might as well forget about deducing on a visa # being assigned based on the A# on the FP :)
An according the website you referred to, nowhere does he mention about a visa #. The A# being assigned for life has nothing to do with a visa # !
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with 08xxxxxxx. I wonder if it is the actual visa number since according to http://www.kkeane.com/general-faq.shtml my number is the visa number:
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
rsayed
09-14 01:13 PM
Your visa will be stamped for the required period - IRRESPECTIVE of your Passport expiry (the only condition being that your passport should be valid for the next 6 months).
Upon expiry of your passort - you can travel with your renewed (or new booklet passport), though your US Visa remains in the old passport.
You will need to carry BOTH your old passport (with the US Visa) and the new one, anytime you travel in and out of the US.
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Upon expiry of your passort - you can travel with your renewed (or new booklet passport), though your US Visa remains in the old passport.
You will need to carry BOTH your old passport (with the US Visa) and the new one, anytime you travel in and out of the US.
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
2011 Chelsea#39;s Frank Lampard vies
smisachu
11-29 10:05 PM
Consult a lawer. But you better tell the truth. The system is such that they can dig in all records.
more...
cdeneo
01-05 04:45 PM
That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
atul555
03-20 07:03 PM
u got ur response from wandmaker..so long, we WON'T miss you.
I joined this forum a while back since it seems like a good place to exchange experience with people in the same boat as us. I got repulsed with IV very fast, and this person above very effectively presents the reason why.
There are just too many smug mother&*#$# like the eb3retro guy above, who chase the newcomers with their gloomy personality right out of IV. Though the situation we are facing is very bleak and gloomy, but why does so many of IVers around here wear it on their sleeves. All garfield asked was a valid question and more like advise and in jumped eb3retro with a lecture on his profile with a tinge of sarcasm to vent his weeklong frustration.
With a movement like IV is trying to be, how is it ever going to be sussessful if there are unwelcoming smug people like eb3retro,. They contribute $20 and then they feel they own the joint, and have to find and boss around someone who doesn't dot their i's and cross their t's to feel better about themselves.
In the vein of openness that the eb3retro is asking garfield to post his details, let's take this a step further and post the picture and names also alongwith other details, to put a smug face with smug messages.
Peace out.
Atul
I joined this forum a while back since it seems like a good place to exchange experience with people in the same boat as us. I got repulsed with IV very fast, and this person above very effectively presents the reason why.
There are just too many smug mother&*#$# like the eb3retro guy above, who chase the newcomers with their gloomy personality right out of IV. Though the situation we are facing is very bleak and gloomy, but why does so many of IVers around here wear it on their sleeves. All garfield asked was a valid question and more like advise and in jumped eb3retro with a lecture on his profile with a tinge of sarcasm to vent his weeklong frustration.
With a movement like IV is trying to be, how is it ever going to be sussessful if there are unwelcoming smug people like eb3retro,. They contribute $20 and then they feel they own the joint, and have to find and boss around someone who doesn't dot their i's and cross their t's to feel better about themselves.
In the vein of openness that the eb3retro is asking garfield to post his details, let's take this a step further and post the picture and names also alongwith other details, to put a smug face with smug messages.
Peace out.
Atul
more...
jjjun
10-02 02:26 PM
It is for pending 485. I do not have RFE now. Because i saw so many rfe issued by CIS. I left my previous company few month ago. The previous attorney can not represent me anymore. But he is willing to send me the rfe if he receive it. Do I still need to hire another attorney to represent me if there is rfe or i can do it by myself.
thansk.
thansk.
2010 Frank Lampard will make his
xiaomatu
06-05 05:06 PM
Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
more...
nileshup
09-25 04:50 PM
I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
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mashu
06-01 02:48 PM
Hi People,
I getting even more confused:mad:
My status - AOS, H1B expired, staying on EAD.
Ap is valid until the middle of November 2008.
I have to travel abroad end re-enter more than 2 times from now to the AP expiry date
..
USCIS sent me 2 exact copies of AP - is that mean that only one stamp per each re-entry implying that I may travel out of country only twice until AP exparation end re-enter twice only???
Or there allowed more than one stamp on AP paper - using one AP per multiple entries??
Sorry, I am confused :confused:
I getting even more confused:mad:
My status - AOS, H1B expired, staying on EAD.
Ap is valid until the middle of November 2008.
I have to travel abroad end re-enter more than 2 times from now to the AP expiry date
..
USCIS sent me 2 exact copies of AP - is that mean that only one stamp per each re-entry implying that I may travel out of country only twice until AP exparation end re-enter twice only???
Or there allowed more than one stamp on AP paper - using one AP per multiple entries??
Sorry, I am confused :confused:
more...
yabadaba
02-28 12:08 PM
I am one of those that bounced around from CBSE (0-3rd) then GCSE O Level UK (4-7th) then ICSE (8th-10th) then finally back to CBSE (11-12)..it definitely hurts moving from board to board but kids are resilient and do bounce back.
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
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scabal12
06-12 06:56 PM
Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.
more...
house Frank Lampard celebrates a
Ramba
02-27 07:48 PM
I just sent the fax to senators of my state for amendment to Sen. Specter markup. The current format is not effective.
My main concern is why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill.
Please modify the format.
My main concern is why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill.
Please modify the format.
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beautifulMind
06-29 01:55 PM
now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this
more...
pictures Moment: Frank Lampard
Refugee_New
08-02 12:46 PM
I suppose your pd has been current for a while now. are you stuck in name check ? do you know why your 485 approval is taking so long ? I'd say you should be getting your GC rather than the ead card.
And why does your public profile say Labor Approval Date: 05/10/2005 where as in your post you say PD is Feb 2002.
Labor filed date is Feb 2002. Thats is what called PD. Fortunately it took only 3.8 yrs to get my LC approval. Some poor souls got their LC approval in 4 yrs and 5yrs.
I don't know if you heard about PBEC and DBEC. I am one of the victims of backlog elimination center.
Anyway my name check is still pending. But if they really implement this 180 day rule, my case is good to go.
And why does your public profile say Labor Approval Date: 05/10/2005 where as in your post you say PD is Feb 2002.
Labor filed date is Feb 2002. Thats is what called PD. Fortunately it took only 3.8 yrs to get my LC approval. Some poor souls got their LC approval in 4 yrs and 5yrs.
I don't know if you heard about PBEC and DBEC. I am one of the victims of backlog elimination center.
Anyway my name check is still pending. But if they really implement this 180 day rule, my case is good to go.
dresses Frank Lampard of Chelsea
pappu
09-18 05:23 PM
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
more...
makeup Frank Lampard and Christine
krogot
02-15 06:35 PM
Hello,
I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.
Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?
I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...
I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.
Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?
I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...
girlfriend Frank Lampard Chelsea FC Home
sukhyani
01-26 08:02 PM
^^^bump^^^
hairstyles Frank Lampard Digital Painting
glus
07-05 08:26 PM
I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.
Blog Feeds
09-01 10:00 PM
This is a recent update from the AILA Rome Chapter for the benefit of our readers. The State Department has substantially rewritten the FAM provisions relating to physical or mental disorders as medical grounds of inadmissibility. These significant changes, set forth at 9 FAM 40.11 N11, focus on physical or mental disorders with harmful behavior, and on substance-related disorders, corresponding to INA 212(a)(1)(A)(iii) and (iv), respectively.
The following is a summary of these sweeping revisions.
Introduction
As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.
Key Concepts of Mental Health
In this new section, the Department defines the key concepts of physical and mental health disorders:
A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.
A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.
"Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:
1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
3. Major property damage.
NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.
A "substance-related disorder" can involve one of the following:
1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.
Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."
Class "A" medical conditions are those which render a visa applicant ineligible for a visa.
Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.
Alcohol Abuse or Dependence
The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.
Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.
Role of the Panel Physician
Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.
Class "A" or Class "B" Medical Conditions
Panel physicians may make the following diagnoses with regard to applicants referred for examination:
Class "A": The applicant has a physical or mental disorder with associated harmful behavior.
Class "A": The applicant has a disorder characterized by substance abuse or dependence.
Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.
Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.
Class "B": The applicant's substance abuse or dependence is in full remission.
Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.
Waivers for Immigrant Visa Applicants
An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).
An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).
An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).
An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).
Waivers for Nonimmigrant Visa Applicants
Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).
More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)
The following is a summary of these sweeping revisions.
Introduction
As before, the mere presence of a physical or mental disorder does not by itself render a visa applicant inadmissible to the United States under 212(a)(1)(A)(iii). The trigger to inadmissibility is the presence of associated harmful behavior.
Key Concepts of Mental Health
In this new section, the Department defines the key concepts of physical and mental health disorders:
A "physical disorder" is a clinically diagnosed medical condition where the focus of attention is physical manifestations.
A "mental disorder" is a health condition characterized by alterations in thinking, mood or behavior.
"Harmful behavior" is an action associated with a physical or mental disorder that causes (or has caused) one or more of the following:
1. Serious injury (psychological or physical) to the foreign national or others. An example of harmful behavior to the foreign national is attempted suicide. An example of harmful behavior to others is pedophilia.
2. A serious threat to the health or safety of the foreign national or others. An example of a serious threat to both the foreign national and to others is driving while intoxicated.
3. Major property damage.
NOTE: The Department emphasizes the following principle: Only harmful behavior that is associated with a physical or mental disorder is relevant for the purpose of determining a medical inadmissibility.
A "substance-related disorder" can involve one of the following:
1. Substance dependence - compulsive long-term use of alcohol or other psychoactive substance despite significant problems (physical, social, and others).
2. Substance abuse - a pattern of recurrent use of alcohol or other psychoactive substance despite adverse consequences or impairment.
Remission in the context of mental or substance-related disorders is defined as "a period of at least 12 months during which no substance use or associated harmful behavior have occurred."
Class "A" medical conditions are those which render a visa applicant ineligible for a visa.
Class "B" medical conditions do not render a visa applicant ineligible for a visa, even though the applicant has a disease, disability or abnormality amounting to a substantial departure from well-being.
Alcohol Abuse or Dependence
The FAM changes stress that alcohol abuse or alcohol dependence constitutes a medical condition which can lead to inadmissibility. That said, a panel physician's diagnosis of alcohol abuse or dependence alone does not make an applicant ineligible to receive a visa unless there is evidence of associated harmful behavior which has, or is likely to pose a threat to the property, safety or welfare of the foreign national or others.
Consular officers are instructed to refer nonimmigrant and immigrant visa applicants to panel physicians if the applicant has a single alcohol-related arrest or conviction within the past five years, or if the applicant has two or more such arrests or convictions within the past decade. Officers should also refer applicants to panel physicians if, in the absence of DUI arrests or convictions, there is any other evidence to suggest that the visa applicant has an alcohol problem.
Role of the Panel Physician
Panel physicians have a central role in evaluating the existence of a physical or mental disorder or a substance-related disorder that would render an applicant ineligible for a visa. In performing a medical examination, the panel physician is responsible (inter alia) for identifying and diagnosing physical or mental disorders (including alcohol-related disorders); identifying harmful behavior associated with a disorder; and determining the remission status of any previously diagnosed disorder.
Class "A" or Class "B" Medical Conditions
Panel physicians may make the following diagnoses with regard to applicants referred for examination:
Class "A": The applicant has a physical or mental disorder with associated harmful behavior.
Class "A": The applicant has a disorder characterized by substance abuse or dependence.
Class "B": The applicant has a physical or mental disorder with no associated harmful behavior.
Class "B": The applicant has a history of a physical or mental disorder with associated harmful behavior which is unlikely to recur.
Class "B": The applicant's substance abuse or dependence is in full remission.
Neither "A" nor "B": The applicant has not been diagnosed as having a physical or mental disorder or a substance-related disorder.
Waivers for Immigrant Visa Applicants
An immigrant visa applicant who is determined to have a communicable disease of public health significance may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(i).
An immigrant visa applicant who objects on religious or moral grounds to receiving required vaccinations against vaccine-preventable diseases may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(ii).
An immigrant visa applicant who is determined to have a physical or mental disorder with associated harmful behavior may be eligible for a waiver of the inadmissibility set forth in INA 212(a)(1)(A)(iii).
An immigrant visa applicant diagnosed with substance abuse or addiction is NOT eligible for waiver relief of the inadmissibility set forth in INA 212(a)(1)(A)(iv).
Waivers for Nonimmigrant Visa Applicants
Consular officers may recommend waivers per 212(d)(3)(A) for any of the medical-related grounds of inadmissibility set forth in 212(a)(1)(A).
More... (http://www.visalawyerblog.com/2010/09/us_visa_denials_medical_ground.html)
sgorla
01-29 06:37 PM
You should not have any problem at the port of entry as long as you have a valid H1B visa stamp in your passport, and have a new H1B approval notice from the new employer.
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
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