tnite
08-03 11:40 PM
I received a NOID (Notice Of Intent Deny) from USCIS.
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.
Reason: The Form I-693 is incomplete that there is no evidence that the required TB skin test has been conducted or any annotation from civil surgeon stating that this test was medically inappropriate. Therefore we are requesting that you submit a new form I-693 which indicates that the TB skin test has been administered along with the results.
I called the surgeon who did my medical exam in 2005, they said that during that time, the TB skin test is optional and they had done only x-ray test instead of skin test.
When I told the doctor about this NOID, he said they I can take only the skin test and they can attach the skin test result with the existing I-693 form and mail the sealed envelop to the USCIS.
Do you have any idea at what stage the NOID is issued? Am I close enough to get 485 approved?
Did anyone faced a similar situation like mine?
It doesn't matter when NOID is issued. All that matters is TB test, get it done as fast as possible.
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mansour
03-06 08:30 PM
i voted for paddy duke :thumb:
i can understand the concept, but i still didn't like the bottom part of mlkdave's site.
btw paddy duke - it would've looked much better if you used the same pictures on (see, play, hear)
i can understand the concept, but i still didn't like the bottom part of mlkdave's site.
btw paddy duke - it would've looked much better if you used the same pictures on (see, play, hear)
pcs
07-30 04:11 PM
I like many others got a PERM labor & got 140 based on PERM labor.
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
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chanduv23
04-21 04:27 PM
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.
Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.
But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".
Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.
So what is the status when one files MTR? It is not defined.
Thats exactly why I said " An Attorney will be able to explain"
My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.
Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.
But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".
Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.
So what is the status when one files MTR? It is not defined.
Thats exactly why I said " An Attorney will be able to explain"
My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
more...
desi3933
02-26 12:07 PM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Nagireddi
08-10 11:46 AM
Please stop this insanity and concentrate on good work.
more...
peer123
04-16 05:22 PM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
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SpotanAnti
10-08 06:37 PM
When you are not that smart how come you applied for EB2 ??
I smell an anti here.!!!
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
I smell an anti here.!!!
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
more...
RDB
08-28 02:39 PM
Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
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TheCanadian
01-22 12:56 AM
Holy it's hard to choose. Now would be a good time to offer me a bribe. Shall we say 75% of the prize money?
more...
sss9i
07-21 01:35 AM
What should I do now??
Nope, USCIS requests USPS to not to forward but return to sender if not delivered.
Nope, USCIS requests USPS to not to forward but return to sender if not delivered.
hot Nicki Minaj Super Bass Video:
mattresscoil
10-18 08:48 AM
My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.
2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.
3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.
4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.
Good luck and let the group know what happens.
Thanks, Mattresscoil!!
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.
2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.
3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.
4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.
Good luck and let the group know what happens.
Thanks, Mattresscoil!!
more...
house Rap goddess, Nicki Minaj has
visa_reval
12-12 11:41 AM
couldnt upload the pdf. Here's what you can do.
1. Airport error. If an error on an I-94 was made by an immigration officer at the airport, upon the alien�s arrival in the United States, she may go to any deferred inspection site or to any port of entry to have the document corrected. These posts are controlled by Customs and Border Protection (CBP). The alien does not have to return to the same airport where the error originated.
It is a better policy to try the nearest deferred inspection site first because these are usually more accessible than ports of entry. A list of deferred inspection sites, with hours of operation and telephone numbers, is provided on pages 5 - 8 of this RAPID Answers. A list of ports of entry is available on the website of Customs and Border Protection (CBP) at www.cbp.gov. Click on �Ports�. The alien or her representative should always telephone ahead to make arrangements. Some CBP offices at ports of entry may be inaccessible to walk-ins.
Check with the nearest international airport to see if you can do a deferred inspection. Or else, they could point to an airport which can.
1. Airport error. If an error on an I-94 was made by an immigration officer at the airport, upon the alien�s arrival in the United States, she may go to any deferred inspection site or to any port of entry to have the document corrected. These posts are controlled by Customs and Border Protection (CBP). The alien does not have to return to the same airport where the error originated.
It is a better policy to try the nearest deferred inspection site first because these are usually more accessible than ports of entry. A list of deferred inspection sites, with hours of operation and telephone numbers, is provided on pages 5 - 8 of this RAPID Answers. A list of ports of entry is available on the website of Customs and Border Protection (CBP) at www.cbp.gov. Click on �Ports�. The alien or her representative should always telephone ahead to make arrangements. Some CBP offices at ports of entry may be inaccessible to walk-ins.
Check with the nearest international airport to see if you can do a deferred inspection. Or else, they could point to an airport which can.
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InTheMoment
09-10 03:38 PM
I sooo hear you ...especially the "shitty town in northern mass Lawrence"...and Infopass in that town. How did you bear this obnoxious combination man :p? If they can't give any more info why is the use of our taxes going to pay his (Infopass "IO") salary.
I guess there were no dates in the Boston office I guess... they are usually a bit more helpful.
I guess there were no dates in the Boston office I guess... they are usually a bit more helpful.
more...
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cagedcactus
08-30 07:15 AM
copy of first and last paystubs of all employers?
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
:eek: :eek:
I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
If this is not unfair that what else is?
WOW.......
I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?
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locomotive36
11-15 09:44 AM
With only 3 days to go for voting, lets do our best to ensure that Narayanan Krishnan wins.
Please take a minute to vote and vote many times as possible. Please share with family and friends!
Thankyou and God Bless!
Please take a minute to vote and vote many times as possible. Please share with family and friends!
Thankyou and God Bless!
more...
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logiclife
08-02 02:20 PM
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am Immigration Lawyer.Better Talk to the Attorney.
You probably meant to say that you are NOT an immigration lawyer. Correct?
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am Immigration Lawyer.Better Talk to the Attorney.
You probably meant to say that you are NOT an immigration lawyer. Correct?
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gauravsh
04-28 08:57 AM
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
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priya82
02-17 09:06 PM
Thanks a lot snathan.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
sands_14
12-05 02:54 PM
i think u need not get a new h1 stamp and can sill come in and out on AP without compromising yr h1 status.
Yes,You should get a multiple-entry AP.If it is one-time entry AP,then you need another AP.Genrally nowadays u get multiple-entry AP.
Yes,You should get a multiple-entry AP.If it is one-time entry AP,then you need another AP.Genrally nowadays u get multiple-entry AP.
bondgoli007
08-01 12:59 PM
Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .
1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.
2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.
This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
Hi chmur,
Yes the Full commitee had 40 members, 23 democrats and 17 Republicans including Congressman Sensenbrenner who is a co sponsor.
http://www.govtrack.us/congress/committee.xpd?id=HSJU
I got a hold of 5 of my friends at work who are in the same GC boat as I and spent 20 mins explaining the whole process and got them to make the calls. Afterwards they were all surprised to notice it took up just 15-20 mins. Now seeing the result they are further motivated to participate in forthcoming action items....maybe this is one way we can get others to participate....
All the best IV!!
1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.
2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.
This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
Hi chmur,
Yes the Full commitee had 40 members, 23 democrats and 17 Republicans including Congressman Sensenbrenner who is a co sponsor.
http://www.govtrack.us/congress/committee.xpd?id=HSJU
I got a hold of 5 of my friends at work who are in the same GC boat as I and spent 20 mins explaining the whole process and got them to make the calls. Afterwards they were all surprised to notice it took up just 15-20 mins. Now seeing the result they are further motivated to participate in forthcoming action items....maybe this is one way we can get others to participate....
All the best IV!!