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  • yganreddy
    06-16 08:40 PM
    Hi Guys,
    My personal experience on this. In my case I found a positive skin test and went for X-ray scan. In xray scan they found a module and USCIS doctor is reluctant to give a 693 until I got clearance from PCP. I researched a lot on this and found that positive skin test might be because of different bacteria in body which may cause to bump and not exactly the TB bacteria. There is a new test called TB gold test, where they will specifically test for TB bacteria in blood sample. This was negative in my case and got a result from pulminology department. USCIS approved doctor gave 693 after reviewing it. My GC got approved without any problem. Accuracy in tb gold test is 97% where as skin test is 70 to 80%. I agree the volume of tests are less but the new technology is more accurate than the old. Hope this helps.

    Thanks




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  • chessboard
    12-08 03:14 AM
    congratulation to all winner... especially to winner who use the "stargate" background and put the text only...

    nice contest.....




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  • logiclife
    02-16 06:12 PM
    The house bill HR 4437 does not have little benefit for legal employees. It has NOTHING for legal employees. NOTHING.

    USCIS wont allow 485 applications coz its slow and cant process everyone, it will allow filing based on number of applicants it expects compared to number of visas available. And the beauty of this thing is...USCIS has NO FRIGGIN CLUE how many 485 applications it would expect if it moved the PD forward by so and so date. They are doing this on guesstimate basis. And another beautiful thing is that if they play too safe, the quota of 140 K might not even be used fully even this year in 2006. Those unused visas will sit there either unused or issue to our dear nurses under Schedule A.




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  • drirshad
    04-18 11:18 PM
    http://hammondlawgroup.blogspot.com/

    Friday, April 13, 2007

    Bills Introduced

    There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.

    The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.

    The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.

    Both bills shortly should be available on THOMAS.

    UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.



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  • sameer2730
    05-15 09:50 AM
    who think if they close their eyes, their problems will go away....:D
    For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.

    The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.

    You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.




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  • glus
    03-19 09:25 AM
    i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.

    So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.

    Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.

    On flip side, if it is mandated, then why most of the employers do not withdraw the application ?

    NO, period.



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  • rayen
    02-05 02:39 PM
    Our cases are assigned to IO more that 60 days ago. No LUD's sofar.

    Called VSC, One officer told me that they have thousands of cases pending. :confused:

    Any one got GC recently and pending with IO more that 60 days ?

    Appricaite comments and advice.

    Chris,

    How did you reach to the IO (Officer ) to know your status , is there any number/ options..

    Please advice.

    Thanks.




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  • gccovet
    09-04 01:42 PM
    I beg to disagree on this thought:
    I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.

    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.

    LostInGCProcess, Chanduv23,
    Thank you for your replies, I appreciate it.

    So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.

    Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).

    Once again, Thanks a lot.

    Regards.

    GCCovet



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  • trramesh
    11-19 07:55 AM
    If you know any of your friends that qualify for the survey but have not participated, pls ask them to fill it in. The more data we have, the more it is to our advantage.




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  • BumbleBee
    08-16 04:42 PM
    Please be aware that experience gained at sponsoring employer can not be counted towards fulfilling minimum qualification requirement for labor certification. You must prove your qualification to the job prior to joining the sponsoring employer... minor details.
    So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.

    BumbleBee



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  • lskreddy
    08-22 03:48 PM
    Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!

    Were you kidding or serious? You just quoted the very same name that guy is to avoid.

    Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..




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  • waitin_toolong
    07-20 05:30 PM
    http://www.insvisa.com/faq/department_state.htm#15

    not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa



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  • dreamworld
    11-06 03:53 PM
    Hi there,
    I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
    My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
    Please advise.
    I thank all IV members for their support and help.

    If you have the i485 receipt notice, you file EAD by yourself. but to file i485 you need you PD to be current.




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  • pt326bc
    09-23 09:19 AM
    Man why you need reciepts?

    For most purposes of contact with USCIS you don't need the original receipts.
    The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
    As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.

    If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).

    I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.

    Of course you would have to insist on the original H1B notice if you are going for visa stamping though.

    Again this is not legal advice, just my 2 cents as I am not a lawyer.

    Regards.



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  • gcnirvana
    04-27 06:39 PM
    In my opinion, looks like another placeholder bill just before CIR.




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  • a_yaja
    04-27 11:47 AM
    Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.

    Hope this helps.
    Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.

    Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.



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  • scorpion
    02-01 02:19 PM
    I think you are good.




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  • snathan
    03-29 11:38 AM
    Thanks all.
    I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.

    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.




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  • senthil1
    09-17 01:47 AM
    If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.

    Thanks to everyone who signed the petition.

    I believe in freedom of speech but Dobbs is using the CNN platform to spew hate. A legitimate debate is fine but hate speech is not ok.

    I used to believe that ignore him was the best way to deal with him but after seeing some of the so called Tax parties, I am starting to think that ignoring him does not work.

    Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.

    - JK




    kevnss
    03-20 12:35 PM
    You are right, here is the link to see more information about the rules..
    Please read A. Approved Form I-140 Visa Petitions and Form I-485 Applications and B as well on Page 2

    Link: "http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf".

    I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.




    senthil1
    06-11 10:47 PM
    1. Legally speaking he has to leave immeditely. But INS is not inhuman in those cases. If he finds a job within a few weeks he should be ok unless his previous company cancels H1b.

    2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.

    3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.

    4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer

    Those answers may not be accurate but may give some idea


    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!



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