Lasantha
06-19 02:14 PM
---
Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.
My understanding is that the body's reaction to a second TB test is severe.
I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.
It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.
Of course it could be different in your case since you are already on meds. I just thought of letting you know.
Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.
My understanding is that the body's reaction to a second TB test is severe.
I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.
It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.
Of course it could be different in your case since you are already on meds. I just thought of letting you know.
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Jubba
10-18 02:44 PM
that is the UGLIEST dog I have ever seen in my life!
PDOCT05
10-29 11:00 PM
^^^^^^bump^^^^^
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trictrac
09-08 12:34 PM
I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
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iv4gc
07-28 12:57 PM
Hi,
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
logiclife
12-20 11:38 AM
did you get a letter from USCIS to your new address that they have received your address change request?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
more...
roseball
07-20 05:37 PM
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
NO MATTER WHAT YOU DO, DO NOT LEAVE THE COUNTRY WITHOUT GETTING LEGAL ADVISE.
You have been out of status for 3 years. If the consular officer finds this out, you could be banned for 10 yrs. This is a very serious issue, I hope you consult an attorney before planning to leave the country. I am not sure why you took so long to convert to H4. My best wishes to you anyway..
NO MATTER WHAT YOU DO, DO NOT LEAVE THE COUNTRY WITHOUT GETTING LEGAL ADVISE.
You have been out of status for 3 years. If the consular officer finds this out, you could be banned for 10 yrs. This is a very serious issue, I hope you consult an attorney before planning to leave the country. I am not sure why you took so long to convert to H4. My best wishes to you anyway..
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jonty_11
05-22 10:45 AM
I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.
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Jipjap74
04-26 05:49 PM
Hi Dealsnet, thank you. This was the information I was looking for.
IVGCLIVE no idea why you are so angry with the world.
IVGCLIVE no idea why you are so angry with the world.
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lagsam
12-17 05:09 PM
According to my daughter, they did not ask anything.
She traveled separately from me.
She traveled separately from me.
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snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
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brb2
04-16 10:40 PM
Advanced degree = MS and higher
Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.
I am wondering if social science degrees would qualify as STEM. Some examples are -
MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations
What would be considered STEM
--------------------------------------------------------------------------------
What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?
Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.
I am wondering if social science degrees would qualify as STEM. Some examples are -
MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations
What would be considered STEM
--------------------------------------------------------------------------------
What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?
more...
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smuggymba
03-15 11:21 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).
Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).
Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)
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veni001
12-28 11:07 AM
To get H-1 extension you need to have one of the following
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
more...
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sands_14
04-04 02:01 PM
I e-filed,got my EAD in 2 months,AP in 5 months
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
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gatec77
07-18 05:19 PM
Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.
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senthil1
03-03 05:35 PM
Whatever your employer telling may be true. Most clients will take 60 to 120 days to clear invoice. If your employer promises to pay within 3 to 4 months you can wait for that and take action.
I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.
Please see I am on H1B and never been on bench or out of status.
I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.
Please see I am on H1B and never been on bench or out of status.
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HawaldarNaik
12-17 04:42 PM
Also after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....
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krithi
02-18 05:05 PM
I recently returned from India, had a valid H1B visa, but the immigration officer insisted on using AP, my attorney suggests i need to change back on to H1B, any thoughts on this?
Thanks,
Krithi
Thanks,
Krithi
nashorn
08-12 03:25 AM
Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?
helpmeExperts
02-14 04:36 PM
If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.
ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.
only con is if something wrong happens to 485, we are screwed!!
one more question very complicated -
if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.
i dont see EB2 my PD becoming current for next 2-3 years
any inputs are appreciated??
ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.
only con is if something wrong happens to 485, we are screwed!!
one more question very complicated -
if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.
i dont see EB2 my PD becoming current for next 2-3 years
any inputs are appreciated??
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