HRPRO
04-13 01:47 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
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gveerab
02-23 01:18 AM
Hey Guys,
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
mantagon
07-23 09:54 AM
AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.
Hope this helps!
Hi guys,
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
Hope this helps!
Hi guys,
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
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uma001
02-01 01:31 PM
Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process
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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.
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.
jthomas
05-18 11:15 AM
Thanks for more information
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
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fromnaija
08-04 03:27 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?
The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.
PS:
Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.
The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.
PS:
Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.
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bigboy007
12-10 02:56 PM
Please consider contributing IV...IV need your help to resolve our immigration problems.
http://immigrationvoice.org/forum/showthread.php?t=15905
Oh definately no worries i am going to contribute + i have requested 20 of my friends to join IV and participate the funding drive. I am comitted to IV
any more ideas on my question please reg. 140 porting i am not sure .. and if we dont have to intimate USCIS. Help me out
http://immigrationvoice.org/forum/showthread.php?t=15905
Oh definately no worries i am going to contribute + i have requested 20 of my friends to join IV and participate the funding drive. I am comitted to IV
any more ideas on my question please reg. 140 porting i am not sure .. and if we dont have to intimate USCIS. Help me out
more...
boreal
07-08 08:29 PM
None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)
Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.
Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.
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karthiknv143
06-20 12:27 PM
^^^^^^^^
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virens
12-12 02:36 PM
No questions asked about visa or 485. Just had to show my passport and AP document :)
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jambapamba
07-19 07:48 AM
NO
1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.
2. Affidavits of support for employment based 485's are NOT REQUIRED at all.
1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.
2. Affidavits of support for employment based 485's are NOT REQUIRED at all.
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GCwaitforever
07-14 09:59 AM
If the provision to let people apply for I-485 without current PD passes, that takes away some pain related to waiting. Nobody can predict when EB3 will become current worldwide or country specific.
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chanduv23
11-09 09:36 PM
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
more...
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sagittariusarm
08-27 01:47 PM
We cannot get the passport renewed anywhere, if you are in south most probably you need to get it renewed from Houston. So any one ............who went in person for non-emergency case.
Thanks
When did this change? I got it renewed from Washington DC a year back
Thanks
When did this change? I got it renewed from Washington DC a year back
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hopefulgc
07-29 03:18 PM
Serious reply:
No, its not possible under the current laws. Thinki of other avenues
Funny reply:
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn"
No, its not possible under the current laws. Thinki of other avenues
Funny reply:
Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
another way of saying.. "stand in line & wait your turn"
more...
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mishras
05-14 09:13 AM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
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Sath thesmilingstar
02-24 06:08 PM
You first need to apply for SSN based on your pending I-485 application.
we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?
we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?
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EB3-Philippines
08-30 09:48 AM
Hi
tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
All the Best. Remember that you are legal resident in this country paying Taxes. Go for it in filing a complaint with DOL , Better Business Bureau. Atleast you can have a good night sleep after that.
tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
All the Best. Remember that you are legal resident in this country paying Taxes. Go for it in filing a complaint with DOL , Better Business Bureau. Atleast you can have a good night sleep after that.
zCool
03-24 04:25 PM
I heard whole segment and it was great advocacy Mark.
I think the guy who called afterwards nailed it right..
I don't know why folks don't emphasis injustice built-in per country quota..
If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
We should hammer this point everywhere..
I have spoken abt it and no one can really say any good counter-point..
IF the pain was shared across all the nations, you bet there would be more support across the board..
Also per-country quotas are really relic of pre-1965 European only immigration policy..
Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!
I think the guy who called afterwards nailed it right..
I don't know why folks don't emphasis injustice built-in per country quota..
If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
We should hammer this point everywhere..
I have spoken abt it and no one can really say any good counter-point..
IF the pain was shared across all the nations, you bet there would be more support across the board..
Also per-country quotas are really relic of pre-1965 European only immigration policy..
Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!
enggr
10-04 08:17 AM
They have this in Connecticut (CT) state also . In 2010 Jan I applied for my license transfer and they checked my 797, passport, employment verification letter etc and they said they need to send the verification to USCIS which will take a few hours or a day. they wanted me to come back the next day to collect the license
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