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  • md_alien
    06-22 11:55 AM
    Skin test is mandatory unless you provide proof to the USCIS civil surgeon that you have done skin test in the past and the results were "POSITIVE"

    As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.

    Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.

    In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:




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  • pakrish
    06-22 09:29 AM
    My laywer has adviced me that the skin test is mandatory




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  • hsd31
    03-17 07:24 AM
    From your post it looks like option 1 is a no-go. You will waste more time and you will have to start back at square one again if the appeal is rejected (which it most likely will, given that the facts are against you). It will be more advisable to re-start the process and go with option 2.

    I will also suggest that you get yourself a new lawyer. You should have never applied in EB-2 given you had a degree dated 2002.




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  • pdakwala
    06-26 12:20 PM
    There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.

    The bill have got more than 60 votes on the cloture motion. Under the "CLAY PIGEON" maneuver the likelyhood of this bill passing from the senate is very high. In order for this bill to pass it needs only 51 votes.

    So IV membes please get ready for the fight. We will need members to be active for next few days and weeks. May be months.



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  • doknek
    09-04 11:27 AM
    Yes, if lawyer/employer creates an account for employee OR gives employee username/password to access the system




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  • pkv
    01-07 09:51 PM
    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?

    I got it in a week, I got it from SF Consulate.



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  • Appu
    04-17 04:35 PM
    Not sure if this is for us legal immigrants or against us. It says "hardworking americans". We are not americans yet. It could well mean that join the fight AGAINST H1Bs..

    The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.

    A lot of people signing up will give the staff the right impetus.




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  • Widget
    04-18 03:28 PM
    Yesterday, there was a problem with the uscis web site. I tried to use the web site several times. Did you try to use the web site yesterday? or before?

    I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
    Please give me your advice.



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  • katrina
    06-09 02:33 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.

    Once she get her greencard approved you will automatically get yours as well.

    but as always this is just my opinion everything has still need to be consult with your lawyer.




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  • Wendyzhu77
    05-21 05:07 PM
    This is a very very special case, and using this case to prove the need for maintaining H1 is very shaky.
    If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
    What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!

    �You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...

    More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)



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  • saketkapur
    03-22 12:12 PM
    This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.

    As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
    Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.

    No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
    Please talk to a reputed immigration attorney to get clarifications regarding your specific case.




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  • canmt
    10-19 01:25 PM
    The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.

    I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.

    This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.

    If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.

    I hope this helps and good luck on your green card chase.



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  • kaizersoze
    03-21 12:32 PM
    just noticed up the thread that there was a conf call held already. pankaj,
    could you pls share the details.




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  • a_tyagi26
    11-20 02:47 PM
    Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.

    Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.



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  • basav
    08-04 06:57 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..




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  • India_USA
    01-21 01:40 PM
    My mom, after watching "Shankara Baranam" extended a technique to my memorizing the multiplication tables. She would wake me up early in the morning, and I had to memorize my tables sitting under the back light of my house. I did not like doing it, but it sure helped me memorize my tables faster! My mom believes that I remember my tables to this day because of her.

    My younger brother (who was around 4) would wake up a little while later, and check on me to see whether I was studying or sleeping. He definitely would run to tell my mom if i was dozing off!! I probably was more angry with him (then) than with my mom. My brother does not remember much of this, but we do talk about the whole incidence as a joke!



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  • reno_john
    06-11 11:48 AM
    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
    :mad:




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  • lazycis
    09-27 02:26 PM
    Title 8 C.F.R. � 205.1(a) states, in pertinent part, that:

    The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:

    (3) If any of the following circumstances occur before the beneficiary’s or self-petitioner’s journey to the United States commences … (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.

    You cannot port revoked petition, because it does not exist anymore.




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  • snathan
    02-10 11:52 AM
    Hi ,

    I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

    Please advise !!!!!!!!

    Thanks

    No one is comfortable with Eb3...do you have Master or Bachelor in EE? Any it has to do with the job requirement and not with your or your degree.




    logiclife
    12-01 04:44 PM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.




    govind440
    08-30 07:05 AM
    Hi

    tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
    Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this



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