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  • jeny
    08-06 08:39 AM
    Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
    Thanks

    I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL




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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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  • arjunpa
    08-18 11:58 AM
    TXH1B,

    Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
    I was planning for that in the worst case, to exit/re-enter through Canada.

    I will keep the 245(k) rule in mind. Again, Thanks for the answer.




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  • voldemar
    03-20 12:09 PM
    I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw itEmployer can withdraw I-140 anytime. Don't be confused with AC21 wording - I-140 remains valid if it was approved and I-485 is pending for more than 180 days, even if I-140 has been withdrawn by employer.



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  • Bpositive
    01-06 05:44 AM
    My wife was on OPT and working off a valid approval notice. It is a first time H1 stamping. She has a Phd in biology and therefore the 221g which includes a 'invitation letter'. The instructions are confusing. On the 221g, it asks for a scanned document and the email ack says send only .txt.




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  • nixstor
    12-01 04:09 PM
    Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.



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  • andycool
    11-10 06:39 AM
    Hello gurus,

    I have one doubt abt requirements to port EB2.

    my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


    thanks a lot for your help

    Your Lawyer is wrong....EB2 is for your current employment it has nothing to do with your previous PD .

    IMHO...it was like that for Labor Substitution case ...But for new EB2 Application its not needed...find a good Lawyer.

    thanks




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  • andycool
    04-23 02:49 PM
    I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
    When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

    Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

    Below is what is in the contract between my Employeer and Client.

    1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
    2. Contractor will be an independent contractor of Company and will work on a Client assignment.
    3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
    4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
    5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
    6. Contractor shall be solely responsible for the quality of work performed.
    7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
    8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
    9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
    10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
    11. This agreement is subject to the laws of the State of Texas.
    12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

    Can any one tell if there is any possibility of that

    I think your Employer is trying to scare you ...:)



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  • mariusp
    02-22 09:28 PM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    TSC
    485: went from May 24 to April 10, 2007 :(
    140: June 23, 2007
    NSC
    485: July 30, 3007
    140: Jan 22, 2007




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  • zCool
    04-01 02:27 PM
    Yes, at the time of adjudication, you will need employment varification letter that shows Permenent Full time job with same or similar duties and reasonable wage difference.



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  • InTheMoment
    07-12 01:36 AM
    Hang on mann! no need to jump to conclusions yet...




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  • swarnapuri
    12-23 01:32 PM
    Check the message by saturnring11 in this thread. He linked the USCIS document which states that PD is retained by the employee once the I-140 is approved unless I-140 is revoked for Fraud.

    http://immigrationvoice.org/forum/showthread.php?t=2368

    Here is the link that he posted :

    Look on Page 27 of the USCIS Press Release
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf



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  • akred
    03-26 08:30 PM
    Remember, all immigrants no matter where they came from, are ultimately legal immigrants once they pass through the system.




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  • chanduv23
    04-08 04:06 PM
    I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.

    Come on my friend, Admins are like you and me. They are not having any magic wands. You may want to post your concerns in the public forum or the best thing is to contact your State chapter representative who will conduit you to the Admins.

    These are tough times, so hang in there. IV is committed for our cause.



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  • eb3_2004
    04-07 02:01 PM
    As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..

    Correct me if this is wrong...




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  • RanchCharm
    07-17 07:14 PM
    Hi All,

    I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.

    My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?

    I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?

    Please advise.
    Thanks,
    Nachi



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  • h1techSlave
    09-27 09:59 AM
    The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."

    I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.




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  • srikanthmavurapu
    08-16 02:51 PM
    As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.

    I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.




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  • bbenhill
    07-09 04:14 PM
    Hi, some questions regarding ur case :
    - Did u include the bank statement (in US and Indonesia) ? What is your city ? (sby, jkt or bali) ?
    - After u got asylum, did u ever go back to Indonesia ?
    - Did u give them ur bank account statement copy in US ?

    Thx


    My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.

    I would really appreciate your advice. Thank you so much!




    krishnam70
    03-13 05:23 PM
    but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.

    Who do i complain to in this case?

    Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.

    Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.

    - cheers
    kris




    srh1
    10-28 02:31 PM
    Folks,

    Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.

    1.What are all the things to be noted while leaving the company after getting GC.

    2.To be specific how long a consultant should be with company after GC is approved.

    3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.



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