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  • x1050us
    07-19 10:24 AM
    All;

    The problem here is not just the TB skin test, but the blood test that tests for HIV and the other STD. It is mandatory for the Civil surgeon to draw blood and check for these. My civil surgeon told me he will not accept these 2 tests from any other doctor. I got the TB skin test done at a local clinic before the medical appointment and he accepted that.

    Also, XRAY's are NOT madatory. Only if you have a positive reaction to the skin test then you are required to do the XRAY to rule out TB.

    About, sending the medical reports later, all discusssions here point to the fact that there is no concensus. It would be every attorneys call if they want to submit without the medicals. But, remember USCIS document clearly states that you are REQUIRED to submit medicals. No where does it mention that you can send it later on. So, in the event that you do not submit your Medicals and they reject your I-485, you will really have NO legal basis to appeal other than make a plea.

    I also agree with the person who warned you about the flights getting delayed. You are cutting it too close! Your wife needs to come back earlier. If this is an emergency, then she should come back, get medicals done, submit I-485 and then go back. All this can be achieved in about 4-5 days. Ask for an EMERGENCY appointment at the consulate. PLEAD your case. Dont walk away from the consulate till they give you an EMERGENCY Appointment

    I strongly suggest that she shoudl catch the next flight back and return. You are not going to get this "chance" anytime soon again.
    What will be the basis for emergency appointment ? I was strictly warned not to mention AOS as the basis for the request as it can seriously harm.





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  • arnab221
    05-29 04:38 PM
    They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .





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  • yabadaba
    07-31 10:57 AM
    can someone point me to a thread discussing decoding LIN #?
    http://immigrationvoice.org/forum/showthread.php?t=5814





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  • realizeit
    02-11 11:53 PM
    Mr MPADAPA,

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)




    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!



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  • bigboy007
    11-03 11:37 AM
    all it matters is what individual members will vote if we have time we should go and meet our lawmakers who ever runs for president in 2012 will have this in his/her campaign.. but who ever becomes the president its the congress which does the voting and decides the fate of the bills.. only if we have more ppl meeting with each of lawmakers on regular basis we have some future either with CIR or w/o CIR via piecemeal





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  • vadicherla
    06-18 12:21 PM
    I support this!!!



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  • gc_chahiye
    09-26 04:59 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
    - start another PERM asap.
    - go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
    - if you get a denial, file an appeal, that buys you some time.
    - during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485

    I dont know if doing an MTR on the 140 will also keep your EAD alive...





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  • dummgelauft
    11-03 05:22 PM
    Re-capture, STEM un-capping, "one visa number per family" or other such legislative action/executive order is the ONLY way any retrogressed EB category will see relief.
    Recapture too is a one time solution that will just get rid of the CURRENT backlog. In future, EB application numbers need to be tied to number H, J, L,O and other visa types
    Otherwise, its same sh!t, just side view



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  • qplearn
    12-12 02:03 PM
    I meant the bulletin released in Jan of 2007 which would be for the following month which would mean Feb of 07.

    nitpicking are we ?? :-))

    Ok, thanks. Thought that was typo.





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  • jettu77
    04-16 07:12 AM
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html



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  • Ramba
    04-01 06:53 PM
    Contact attoreny ASAP why/how it has happened. As he represnts you, USCIS acts upon his request to withdraw. However, he has to make such requsest only upon your written communication to withdraw the application. Therefore, find out whose mistake it is (law firm or USCIS). If it is the law firm mistake ( if you have not requested your attorney to withdraw your 485), contact him to rectify his mistake. That means, he has to put his full effort to get the application back to USCIS. You can even sue them for a hefty amount for the damages they have done. If it is a USCIS mistake, MTR may work well, to get back the 485 in line. As the primary applicant already received the GC, it is tricky. So, contact another atttorney for second opinion and contact AILA, if required.





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  • minimalist
    10-22 04:40 PM
    All the people who crib about red dots: There is nothing IV can do about it.
    This is a feature of the forum software.If some one uses foul language in forum posts then admins can warn them or block them. It is not possible if they do it in comments.

    Actuallly, I suggest IV kickout anyone who cribs about red dots or that someone is using foul language in PMs/comments.

    Keep the eye on the ball guys. If you see all the bullshit the IV admins bare with some other guy showing up every few weeks asking questions as if IV Core is getting rich off of the contributions. And some other guy shows up with a great plan (no sarcasm intended) asking CORE to make his thread sticky instead of keeping the thread on top by bumping it every few hours or so.Then when the core doesn't respond to their idea/request to make the thread sticky start abusing them. They take all that in stride and still continue to pour their hearts into something they believe in.
    Now here are people so worried that they got a red dot and need the grievance be addressed. If not they will be afraid to post. If all it takes some one to stop you from posting your ideas is to give a red dot, how can any progress be made?

    Think about it people.



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  • skp71
    12-12 09:49 PM
    What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???





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  • bigboy007
    10-29 12:14 PM
    they have delayed processing time so more people will file for premium processing and they earn more money. H1b quota is not filling up and all of a sudden processing time went from 2 to 6-7 months in 1 month. Because so many people ( h1 - h4 ) might be travelling in dec - jan season. Come back in feb - march and processing time will be again 2 months.
    ICPS printing problems , Delays in approving will happen even if they make premium - join me in this drive if your EAD Card approved and still waiting... we need more people... let the word spread ASAP.

    http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1665685-ead-cpo-approved-but-no-card-yet-gather-here-4.html



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  • Soul
    02-07 01:32 PM
    Thanks Kax :beam:

    I think priness Kit :P

    Heh

    - Soul :goatee:





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  • Devils_Advocate
    07-22 12:05 AM
    I have been following "Doggys" stuff and anti-anti blog for a while and know that he's not an anti for sure, and before anyone gets paranoid and accuses me of being "doggy" no sire i am not:p



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  • kaisersose
    06-05 03:12 PM
    since there are many knowledgeable guys here ..I had another question - is there a law which says how the spillover should take place ? i.e. EB2(W) should go to EB2(I) etc ? I wonder why they don't send the extra visa's to the category that is in the worst position ..EB3 - I in this case ?

    Only ROW EB3 spillover can make it to EB3 India and as ROW itself is retrogressed, that will not happen.

    However, if you check 2007 assignments, Eb3 India got over 10K visas, though the stipulated limit is around 3K.





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  • rsrikant
    08-10 11:37 AM
    ha ha ha.... authorities won't do anything...
    it was legal till jul 16th.... i think you are not aware of it.

    good thing here is, LS is no more possible.. we should be happy about it.

    I have never met someone on LS... but I can assure you, if I ever find one of them, I will report USCIS and other authorities.. that is for sure.





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  • priti8888
    05-08 06:07 PM
    EB3 INDIA
    PD AUG 2004
    LABOR APPROVED NOV 2004
    485 FILED DEC 2004
    485 APPROVED JULY 2007

    Labor first applied in 2000, Went down the drain in 2003(husband got laidoff). Applied again through another employer in 2004

    - How has greencard changed your life after receiving it?
    No change. But the sense of relief and freedom is good.

    - What did you do on the day you received it?

    Woke up parents in India to share news. Did not get off work early. But went to a Thai Restaurant for dinner.
    I shopped till I dropped the following Saturday. Felt guilty about spending too much and returned everything next Sunday :)

    - How did the long wait upset your life?

    Quite a bit. It was always on back of the mind.Once bitten twice shy.Was
    always worried about economy. Unable to buy home.Paid 30 % more on home due to GC delay. Unable to change job responsibilities (most upsetting)

    - How did immigrationvoice help you during this long wait?
    Had never heard of IV belfore July 2 fiasco. Kudos to IV for the San jose rally. I was there. -

    Would you like to continue your support to immigration voice and help others waiting?

    Yes yes of course-

    Any advice for everyone?

    Believe me , GC related problem is better then any other problem. Count your blessing because the hurdle of your life at this pont is a freedom card called "GC". You all know that there are several BIGGER obstacles in life that each of us will have to face.
    After your GC is done, another problem(big or small) will knock on your door.

    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63[/QUOTE]





    485InDreams
    08-21 12:34 PM
    Guys...I found this blog in that site...This is one good example that employers watching the threads....so, wht may be the reason... never give the employer details...




    Hi,

    I was on Hib with EliteCareers and they had sposored by GC.
    It was very smooth sailing. They had everything down, very professional. Everytthing reltated to following up on time sheets, payroll, leave, etc was handeled very efficiently.
    When I had some problems with Blue Cross not passing a claim on the medical bill, I was able to get the benefits person in chanrge to talk to Blue Cross and resoolve it immediately.

    Jeri-Mc Fadden was the person with whom I mainly interacted. And she was always there to help, guide, and interface with the client. Most important, whatever terms I had discussed and agreed with her at the start, she was true to it all the time. Even when the company said, "oh, this is not company policy, we do not allow this". she stepped in and said, but for him, we had made an exception. Please proceed. That was very helpful.

    It was a totally stressless experience... not like other H1b experience I had where even if I had something in writing, I was never sure if the company would follow through.

    here, I knew, they would.

    For best reults, just make sure you have all agreements in writing... like when they will start your GC, who pays what. etc.

    So even if Jeri is no longer there, you have that in place. And the company is professional to follow through.


    Best part, my GC came through in 6 months of filing.... I-140 and 485 was a breeze.

    Just my experience....make sure, you go throughall situations and agree on who does what before, and then no issues. The company follows through. It is a well managed.

    - Biju





    nousername
    11-10 01:43 PM
    very well said goel.. I said the same thing to IV and I got God knows how many reds. The only time I saw a huge impact was after July fiasco but again it was not IV's alone effort, many other organizations were included.

    Honestly IV is a great platform to help members with their questions and exchange knowledge about immigration topics but nothing more.. I don't expect the founders to leave their full time jobs to address immigration issues as without a job they won't have any immigration issues.

    To people who say that illegals have huge support and resources that is because they have lobby money from businesses who need cheap labor, lawyers who need new clients and politicians who need (future) votes..

    In our case business know that first we are not any cheap and second they can move the jobs overseas.. Lawyers already know that they have us by the b***s and politicians flip - flop depending on who they talk to (citizens or us).

    I think I have joined IV in last 3 years or so...
    Donated money once & have called congressmen & senators many times ...

    Could someone please tell me -

    What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.

    I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....



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