tikka
06-22 09:39 AM
is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word
thanks
Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.
You need him to sign off on the results.
thanks
Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.
You need him to sign off on the results.
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Jitamitra
07-21 01:14 PM
Any updates?? Bump up
gcisadawg
11-09 10:32 AM
According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
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Edison99
02-11 11:54 AM
Pappu, could you share IVs recommendations in this thread too�
Looks like the news is out on this in media.
Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.
Looks like the news is out on this in media.
Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.
more...
sands_14
09-23 09:59 AM
I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX
Ramba
10-30 05:56 PM
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
more...
wa_Saiprasad
01-02 01:08 PM
I have sent you a private message.
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avi101
04-12 04:41 PM
I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
more...
bank_king2003
04-21 11:29 AM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
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dreamworld
10-26 11:57 AM
Hi guys,
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
A) Yes, you can transfer the pending h1 extension to premium.
B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
A) Yes, you can transfer the pending h1 extension to premium.
B) For current status https://egov.immigration.gov/cris/jsps/ptimes.jsp with your respective service center.
more...
GCDream
02-20 04:04 PM
gcseeker2002,
Can you please provide the link.
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
Can you please provide the link.
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
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jayleno
03-11 11:26 AM
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
more...
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obviously
08-04 11:05 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
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mrdelhiite
07-12 08:25 AM
You can start by making small money contributions to IV. also please tell all your friends to do the same. thanks
-M
-M
more...
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hkimmi
12-22 01:39 PM
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"
Looks like we can port the priority date ..., even our employers cancels I-140....
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"
Looks like we can port the priority date ..., even our employers cancels I-140....
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perm2gc
12-22 06:08 PM
Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.
H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.
Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.
Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.
Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.
Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off
more...
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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.
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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Suva
04-17 02:43 PM
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
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easygoer
02-09 02:38 PM
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
Thanks ssdtm! You gave useful information
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
Thanks ssdtm! You gave useful information
ita
11-19 09:20 AM
I saw some postings about AP wherein people got 3 AP papers.
Is it ok if you just get 2 AP papers?
Thank you.
Is it ok if you just get 2 AP papers?
Thank you.
leo2606
08-03 05:26 PM
about multiple A#s
http://www.murthy.com/mb_pdf/112307_P.html
http://www.murthy.com/mb_pdf/112307_P.html
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