Thursday, June 16, 2011

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  • gcseeker2002
    12-15 03:27 PM
    Buddy,
    Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.

    Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??




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  • somex
    05-19 12:13 PM
    I think reapplying in two days is not a good idea. what makes you think that the consular officers would change their mind in two days? Now a days consulate wary on issuing visas. You need to have good justification (Documentation) before applying second time.


    Hello,

    My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
    I have worked in US from October 2008 to January 2009.

    Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

    Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

    I am thinking to reapply again in next 2 day.

    Can anyone help me what should i do in this case?

    Thanks,
    Harish Gowda




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  • snathan
    03-09 03:11 PM
    kminkeller....

    I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.

    Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.

    Thanks.

    Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.




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  • gc_peshwa
    02-04 11:21 AM
    Dear "ivar" congratulations on getting greened! I humbly request you to be with us till you can :D



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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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  • pappu
    12-15 09:47 AM
    http://immigrationvoice.org/forum/blog.php?b=11



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  • gc_chahiye
    02-10 06:24 PM
    Weigh in with % raise and take decision. If its around 15%-20% raise with
    good benefits etc then move..

    cheers
    Iad

    the spouse is the primary applicant. The OP is dependent/secondary applicant
    OP can take even a 3000% raise, change jobs to a completely unrelated field, do whatever he/she wants to do, whenever he/she wants to.




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  • Blog Feeds
    09-29 08:10 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgmKSs2zZ7ayiMqDcoTxzk8LIsvMxF1YvIEBBiGLDQLNuQ1PH9wLS4zjKuj95X39o6lK7gACA7FkmbVf-rE_nH32J5U-TSb9A2DQaA8IO9xyG8P87mBLcCR1b-poZ5mG17LeQb9gRVfx40/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgmKSs2zZ7ayiMqDcoTxzk8LIsvMxF1YvIEBBiGLDQLNuQ1PH9wLS4zjKuj95X39o6lK7gACA7FkmbVf-rE_nH32J5U-TSb9A2DQaA8IO9xyG8P87mBLcCR1b-poZ5mG17LeQb9gRVfx40/s1600-h/RFE+FROM+HELL.JPG)
    Dear Director Mayorkas:

    Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.

    First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!

    Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.

    Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?


    I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.


    You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.


    So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.



    With all sincerity, I wish you the best of luck in your new position.






    https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)



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  • ujjwal_p
    06-10 02:19 AM
    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 ?

    Pretty long timeline and multiple visa types. Not sure how O-1 works and whether it is a dual intent visa. In any case, looks like the RFE is pretty straight forward and they only need the historical documents, possibly because the record is pretty long.

    **- This is not legal advise.




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  • kartikiran
    06-17 11:11 AM
    As part of this intiative, members who have gone through with service errors from USCIS can help and save others who might have to go through the same ordeal.

    Please note, if you feel you have been a victim of USCIS service errors, sharing it here will enable IV to discuss these with USCIS and probably work on establishing a channel where USCIS can also help resolve applicants problems faster.

    But the success of this initiative comes with how many of the past service errors we are able to collect.

    So I hope members who have experienced a frustrating ordeal due to USCIS Service errors and had spent thousands of dollars for attorney fees to resolve those, can at least mention their ordeal here free of cost.

    Every mention helps IV to get this initiative move forward.



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  • dan19
    10-18 12:22 PM
    One of my friends got a similar one. In that case the DOL pointed to one another candidate(say Mr.A's) who applied for the same job, and was more qualified than my friend in terms of years of experience. The DOL asked why Mr.A wasn't hired.

    My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.

    Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.

    The company then sent back the rebuttal stating the new efforts made.
    The DOL then approved:) the case.


    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?




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  • Bpositive
    01-05 10:20 PM
    Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...

    Anyone?

    This thing is driving me crazy...

    Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?



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  • brij523
    12-28 07:43 AM
    Hi Paskal,

    I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.

    Thanks




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  • ash27
    04-03 02:02 PM
    It is still not very clear if working with companies like TekSystems on EAD is fine using AC-21.

    This question has been asked before. However, I have not seen any specific answers regarding this. Any information will be appreciated.

    Thanks



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  • maddipati1
    02-03 01:50 PM
    anyone know if,

    Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )

    + 5 years Experience

    qualify for EB2 ?

    thanks,




    I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.




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  • pune_guy
    11-13 07:50 PM
    The status of our AP applications is also "Document mailed". I hope it means approval is mailed and not some RFE.



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  • pointlesswait
    08-04 11:58 AM
    Obviously thansk 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..!!

    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..




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  • fuzzy logic
    06-30 09:51 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.




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  • tinoue
    09-27 09:10 AM
    Hi LRIndy,
    Thank you very much for your quick reply.
    Now I feel better. After waiting for GC so long (I started the application process in 2003), any small things make me worry...

    Thanks!




    Leo07
    02-03 05:28 PM
    God Bless!
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.




    freetospeak
    07-18 07:17 PM
    Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same



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