Thursday, June 9, 2011

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  • hourglass
    07-16 05:43 PM
    "The formal announcement of the CIS �solution� has been held up because they need to receive approval from the Office of Management and Budget. This suggests that the CIS solution may include one or more changes to the existing regulations. In any event, all sources are reporting that, at a minimum, all July filings will be accepted. The possible regulatory changes suggest possible far reaching solutions that go beyond the immediate problem"

    where do you all see/consult for updates or news on USCIS activities?




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  • ocpmachine
    06-10 03:08 PM
    Help!

    Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.

    Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?

    Thank you very much!

    We just got our medical envelope for me and my wife from the doctor, we both had TST reaction of 10mm and 18mm, chest x-ray came out normal...doctor marked both of us Latent Class TB(LTB1)...i would not worry about this, Latent TB is not infectous and recommended(not required) to undergo treatment. I am going to sit tight, not taking any medication as i heard the medication is a strong antibiotic which has more side effects(esp in women) and does more damage(to liver) than cure. If on medication, you are also required to take a test every 2 months to check if your liver can take medications for following months. Ofcourse, even after taking medication for 9 months, you cannot guarantee future TST test will result -ve due to BCG vaccine history.

    If i get an RFE at a later time, i will goto my PCP, start medication(which i will discard) and get a letter saying in am on medication just for paper work sake, i refuse to take the medicine when x-ray is clear.

    Read here:
    http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm

    Here is the snippet from CDC.gov for TB:

    16. What is Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)?
    A TST reaction of 10 mm or more of induration, and a history of recent arrival (within the last 5 years) in the United States from a high-prevalence country.
    And
    No evidence of active TB disease.

    17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
    The 2008 TB TIs recommend that civil surgeons refer applicants with �Class B�Latent TB Infection Needing Evaluation for Treatment (LTBI)� to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information.

    21. Can the civil surgeon medically clear the applicant for TB even if the applicant is going to receive treatment for latent TB Infection (LTBI)?
    Yes. Referral for treatment and/or completion of treatment for LTBI is not required for the civil surgeon to sign the I-693 form. As regards TB, the signature indicates the applicant is free of Class A pulmonary TB disease.

    Disclaimer: I am not a doctor or an attorney, Please consult doctor or an attorney for expert advice.




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  • DSLStart
    07-25 09:51 AM
    I too received an email couple of days back that my 140 which was approved in Dec 05 has been transfered from VSC to TSC. Wonder whats going on :confused:




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  • viva
    01-31 11:13 PM
    he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
    In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
    He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
    He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
    Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.


    if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?

    most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.


    people can claim to be a lot of things in this world..just don't believe everything they say without proof....


    if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?



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  • frostrated
    09-14 04:35 PM
    I got it.
    I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
    At this stage they might have spend money on LCA only + for attorney fee if any.
    Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
    H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
    Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:

    Any money spent by the employer for employment related expenses are employer expenses. you are not liable for them. If they push, inform DoL. Employment in the US is At-Will. The only clause they can enforce is to prevent you from using any of the knowledge you acquired with them (non-compete contract). As you have not worked with them, you are not yet an employee, and there is no legal standing for them to come after you.




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  • brain_implosion
    12-13 10:05 PM
    HAs anyone used CC after primary 485 filed? I got married this year, spouse from non retrogressed country, but 485 filed in July 07. Does any one have exp with this?



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  • gimmemygreen
    09-14 04:46 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.

    There is a new memo out which will screw the life of these pimps. Rise up and name company B here. I will suggest you a way to file a complaint with DOL.




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  • andhrawala
    09-16 04:24 PM
    Done



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  • obviously
    08-04 12:08 PM
    Thanks for sharing!

    my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
    >> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.

    but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
    >> ok, thanks.

    Whew, just when you think this darn thing will be over ... :D

    Cheers!




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  • gc_chahiye
    11-13 12:13 PM
    I would appreciate if any of you could shed light on the following scenario:

    If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

    Thanks

    you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.



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  • ArunAntonio
    05-14 07:14 PM
    'Cautious Optimism' are the key words folks ;)
    -- as some else put it in another post .. this has not cured us of the retrogression ailment, this is just a pain killer.
    We should move ahead as planned. My support for IV core as usual.




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  • theperm
    05-07 01:06 PM
    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP



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  • sina
    04-16 08:47 AM
    I am also planning on changing location from one state to another but the job is still with the same company (just moving to a different branch). My lawyer said it will not affect my GC but I have to get a new LCA for my H1. I still do not understand how this will not affect my GC (I have a approved 140 and waiting to file 485). Is there a way this is possible like if the labor is filed from the corporate office and has nothing do with branch locations?
    I just want to make sure it is safe before I move.

    Any help is appreciated.




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  • gcdeena
    02-01 09:47 AM
    Congrats! Enjoy your freedom!!!



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  • sobers
    05-31 03:46 PM
    Clearly IV-QGA has a long ways to go before it an be featured in the 'big league'. Despite its short existence, its commendable what IV-QGA has been able to accomplish.


    =========
    National Immigration Forum: Angela Kelley, Christina DeConcini, Lynn Tramonte
    The Forum, the leading pro-immigrant advocacy group, has just expanded its lobbying arm by adding DeConcini, who was formerly with the Catholic Legal Immigration Network. The Forum “brings together strange bedfellows,” Kelley, its deputy director, said. She said groups that normally have little in common, such as the Chamber of Commerce, organized labor and the U.S. Conference of Catholic Bishops, join to work toward a “rational, constructive immigration policy.” Tramonte is the Forum’s senior policy communications associate.

    Federation of American Immigration Reform (FAIR): Paul Egan, Brian Bilbray
    Egan is the group’s director for government relations. FAIR is seeking a moratorium on most immigration to give the country time to develop a comprehensive reform strategy. Former Rep. Bilbray (R-Calif.) is on FAIR’s board of advisers and runs the group’s congressional task force. One lobbyist said Bilbray’s “incredible access” to the House of Representatives has helped FAIR in its work on immigration reform.
    * Bilbray is competing in a special election on June 6 to replace Duke Cunningham. If this guys wins, it will surely galvanize the Anti-Immigration forces in Congress and on the Hill.
    http://www.signonsandiego.com/news/politics/50thdistrict/20060327-9999-1n6bilbray.html
    McCains cancels appearance at fundraiser:
    http://www.foxnews.com/printer_friendly_story/0,3566,197579,00.html


    NumbersUSA.com: Rosemary Jenks, James Edwards
    Jenks is the in-house lobbyist for the group. She said that while NumbersUSA originally was involved in the impact of immigration on the labor market, the terrorist attacks of Sept. 11, 2001, “made it clear we also need to look at security.” Edwards, who is with Olive, Edwards & Brinkman, also said that immigration is currently seen “through the lens of security.” A legislative director for former Rep. Ed Bryant (R-Tenn.), Edwards worked on immigration issues when lawmakers passed immigration reform in the 104th Congress. At the time, Bryant was a member of the House Judiciary Committee’s Immigration, Border Security and Claims Subcommittee. Edwards also co-wrote The Congressional Politics of Immigration Reform, published in 1998.

    Agricultural Coalition for Immigration Reform (ACIR): Monte Lake, Craig Regelbrugge, Sharon Hughes
    This ad hoc coalition includes more than 100 organizations with a “substantial labor need,” said co-chairman Regelbrugge, who is also the senior director of government relations for the American Nursery & Landscape Association. The group wants to ensure that agriculture employers have access to a seasonal work force to make certain the country has a “safe and secure food supply.” While individual members of the coalition pitch in, ACIR is also relying on some outside help. Lake is a partner with McGuiness Norris & Williams. The former deputy attorney general of California said that before the 2001 terrorist attacks, the group was close to achieving its goal of helping to reform immigration in a way that allowed access to seasonal workers while instituting a system of “earned immigration.” Hughes is the executive vice president of the National Council of Agricultural Employers and a key component in coordinating ACIR’s grassroots campaign.

    United to Secure America: William Crosby, Wright Andrews
    In the first half of this year, the group spent more than $600,000 in lobbying fees, including $180,000 each to Butera & Andrews, Podesta Mattoon and Timothy R Rupli & Associates. The group advocates boosting national security through allowing what it calls a “manageable number” of immigrants and non-immigrant visitors. One source praised the access of Crosby, a former GOP chief counsel on the House Rules Committee and 27-year Hill veteran who now works for the Livingston Group, as especially valuable.

    American Immigration Lawyers Association (AILA): Judith Golub, Marshall Fitz
    Golub is the senior director of advocacy and public affairs for the 9,000-member group and Fitz is the associate director. AILA aims to educate Congress and the public about the benefits of an immigration policy that allows refugees and workers to enter the country.




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  • obelix
    03-02 11:38 AM
    Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.

    Filing six months in advance seems to be a better idea.

    Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.



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  • Life2Live
    02-29 01:34 PM
    mate have you heard of thread hijacking? anyways looks like you have a weird one...when you say "resubmitted" it seems like they have lost your application once before as well? How are they accepting 485 application for you? what category are you in and whats your pd?

    Filed when date was current, it returned back by USCIS error. Resubmitted with the evidence on Nov along with the USCIS letter. Is that clarify ur doubt.




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  • newuser
    05-14 04:53 PM
    Thanks for the update and we all support your efforts.




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  • Life2Live
    01-23 10:56 AM
    Hi,

    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    They changed the visa fee this year (2008).
    The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
    What can I do now?

    There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )

    What should we do in this case as we are filing online?


    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents.

    Thank you.

    You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.


    Following are the information from VFS website:

    United States Government announces worldwide revision of machine
    readable visa application fee
    December 27, 2007
    The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.

    Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
    The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
    Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.




    jfredr
    06-12 10:24 AM
    CIR has got nothing to do with ur visa at this point. this is my idea. better take our seniors advice here at IV




    indianindian2006
    09-16 04:29 PM
    Called again and made a few friends call.



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