Sunday, June 26, 2011

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  • reno_john
    06-22 11:42 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present


    U may get a RFE for TB skin test and skin test does not take more than 2 days.




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  • vxg
    01-02 09:35 AM
    I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.
    Happy New Year!

    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?

    3. Any other options/advice?




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  • GCNirvana007
    04-08 04:11 PM
    Come on my friend, Admins are like you and me. They are not having any magic wands. You may want to post your concerns in the public forum or the best thing is to contact your State chapter representative who will conduit you to the Admins.

    These are tough times, so hang in there. IV is committed for our cause.

    All i am asking is the media they know and number of users. I dont know what you talking about.

    Ok, how do we contact the state representative. Through the county representative, then the city, then street?




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  • ash0210
    06-28 04:15 PM
    You already goofed with Independence day of India..Now you are eyeing on Geeta...!!

    Oh man, I am enjoying...!!!

    Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.



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  • mps
    04-21 02:25 PM
    I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.

    Good luck to everyone.

    Congratulations on getting your GC !!!

    I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.

    Was there any LUD on I-140 case after your FP?

    Regards




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  • americandesi
    04-13 02:58 PM
    I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
    Every time you go for H1 revalidation, you will be asked were you out of status any time.
    Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.

    Not getting paid on bench for >180 days has serious consequences during the adjudication of I-485. Read the following thread

    http://immigrationvoice.org/forum/showthread.php?t=6205



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  • reddymjm
    03-01 01:28 PM
    Hello All,

    I was wondering if someone could please explain what the processing dates mean.... For Texas 485 processing date is April 2007. Does this mean they are adjucating 485 applications received in April 2007? I am confused- does this mean that anyone who applied for AOS after april 2007 will not get their GC even if their PD is current? I am just trying to understand the process. Thanks in advance!

    With no sense.




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  • nocomment
    09-27 04:41 PM
    Why would IRS care how you perform your full time job. IRS's responsibilty is to collect taxes on our earnings, and it doesnt matter you trade 100 or 1000 stocks per day as long as you file schedule D.

    Short term trading is gambling, you wont come out of the game until you lose. Long term is the way to make money.



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  • krishna_brc
    06-30 11:01 PM
    Hi,

    I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.

    Would this require filing for AC21? Also would this require amendment to H1B visa?

    Any help would be appreciated.

    This is what i think -

    From what you described it seems you are on H1.
    So change of job title/description/location will not hurt your GC as long as you maintain your H1.
    Your GC won't hurt as it is for future job which you are going to do when you get GC.
    No need to invoke AC21.

    If your GC is for your current job then the new job should be in same occupational code.

    Please talk to your company HR and Attorney and clarify the issues which are more professional

    Thanks,
    Krishna




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  • FredG
    November 26th, 2005, 02:23 PM
    I like the second one. There is a mystique about the darkness and what might lurk beneath the visible. As others have mentioned, more DOF would work better.



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  • piyu7444
    04-11 12:08 AM
    They did not ask for old pay stubs. Interview was in Feb 08 so asked for 07 pay stub but not for 06 05 or 04.

    About job responsibility.......I actually started stating what my current job responsibility is.........for real what is on LC is a subset of what I was describing so my guess is that the officer must have concluded that it matches to LC (she was looking at the document which had LC job responsibilities) and she moved to next question. If it did not match or there was some fumbling in answering the question she might have grilled me....:)




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  • ab2k7
    07-04 03:08 PM
    Gurus, need a lil help clarifying issue in GC process.

    I've a question regarding location of work place for a H1B employee filing GC process.

    I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.

    Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.

    If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.

    I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.

    Thanks in advance.



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  • smartboy75
    07-09 01:59 PM
    USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.

    Hope this helps.


    1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate

    2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.


    3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

    The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
    NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

    Thanks for clarifying....
    I mistook AP to be a re-entry permit....My bad....




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  • rb_248
    09-10 03:25 PM
    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.

    Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.



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  • theperm
    05-07 01:52 PM
    I am suspecting it will not be favorable at all

    Please let us/me know ASAP.




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  • styrum
    06-12 03:10 AM
    He doesn't need an H1B transfer to be approved to start working for the new employer, just "filed".



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  • yabadaba
    07-23 09:52 AM
    ne thots from core?




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  • sandy_anand
    11-06 04:38 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts

    Thanks for posting this information! Gave you green!:D




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  • Illuminae
    05-27 05:00 PM
    lmao... this is great. :beam:




    mhtanim
    06-08 05:42 PM
    I don't live in the tri-state...

    I have my W-2's from 99 and 00 so no need to call the University.

    What I dont have is the actual return (1040nr) which I "mailed" at that time.

    Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!

    For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.

    As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.




    desi3933
    08-26 02:32 PM
    She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D

    PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...

    She can not get an H4 though... thats seen as abandoning your AOS status...

    Hope this helps...

    >> She can not get an H4 though... thats seen as abandoning your AOS status...

    Totally Incorrect.


    ________________
    Not a legal advise.



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