saileshdude
07-21 09:44 PM
You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?
If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.
mhtanim,
My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.
Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.
If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.
mhtanim,
My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.
Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.
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morpheus
04-02 10:45 PM
I just did some further reading and research, and it appears that an H1 could do the following if this bill passed tomorrow.
1. Quit their job
2. Form an LLC and self-employ
3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
4. Wait six years.
5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.
I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!
1. Quit their job
2. Form an LLC and self-employ
3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
4. Wait six years.
5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.
I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!
saileshdude
05-21 11:13 PM
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
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ash27
04-02 10:20 PM
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
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kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
mrdelhiite
08-07 10:42 AM
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
http://www.uscis.gov/files/form/i-134.pdf
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
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swamy
01-02 12:22 PM
just appeal with excellent documentation - you should be fine. hope your transcripots were validated by some education service here as thats what i've heard is done if one doesnt have an us degree.
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shreekarthik
06-10 05:56 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
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Rakson
02-28 10:25 PM
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.
roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..
Again thanks for your help..
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.
roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..
Again thanks for your help..
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smartboy75
05-01 01:11 PM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
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texcan
08-01 05:54 PM
Count me in guys.
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chapper
11-09 08:14 PM
Can we do the same here - or something similar to that extent as demonstrated in UK - is it advisable.
Legal immigrants no matter where they are from should be treated equally without divisions within this group or special classifications for certain sections of the group.
Legal immigrants no matter where they are from should be treated equally without divisions within this group or special classifications for certain sections of the group.
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AgentM
06-03 06:20 PM
I don't have the I-140 application ? is it still a problem if I switch companies?
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ItIsNotFunny
12-03 12:03 PM
Bump ^^^^
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jetflyer
06-10 09:09 AM
Long History
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
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martinvisalaw
04-26 04:25 PM
I agree with the posters who say that the employer is probably trying to frighten you. It is very difficult to restrict a person's right to work wherever they want - or to restrict an employer hiring whoever they want - especially in Texas. However, it is not really an immigration question. You or, ideally the client company, should see an employment lawyer here in Texas.
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guyfromsg
07-18 08:34 PM
Hi,
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.
I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??
Anyone any thoughts???
Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.
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ibbu_arif
11-17 05:21 PM
Thanks "LostinGCProcess" { I apologize to call you by your userID :) }
This give me confidence to travel even if I don't get my AP approved.
I actually posted one more post asking my concerns about multiple security checks
http://immigrationvoice.org/forum/showthread.php?t=22443
Can you please advise what in your opinion is the best thing to do.
I know the security clearance timeframe is unknown, but how long does the PIMS check take?
This give me confidence to travel even if I don't get my AP approved.
I actually posted one more post asking my concerns about multiple security checks
http://immigrationvoice.org/forum/showthread.php?t=22443
Can you please advise what in your opinion is the best thing to do.
I know the security clearance timeframe is unknown, but how long does the PIMS check take?
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fundo14
10-15 03:30 PM
Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
Thanks mailmy_gc.
We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.
As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.
what was the outcome of your response? everything went well after that, they accepted the response?
Thanks!
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
Thanks mailmy_gc.
We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.
As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.
what was the outcome of your response? everything went well after that, they accepted the response?
Thanks!
bsbawa10
09-02 08:19 AM
Edit. Latest ..on my case.(with a little history) and this is hilarious.
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
FrankZulu
08-12 04:26 PM
As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
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