Appu
07-09 02:38 PM
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
CoolStrom1
04-16 03:22 PM
I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?
h1techSlave
07-16 10:26 PM
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
XXXXX
I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?
Cheers,
h1techSlave
XXXXX
I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?
Cheers,
h1techSlave
indyanguy
11-14 09:07 AM
Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
more...
ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
xyz2005
10-23 02:43 PM
the problem is my company is not willing to give me any documents unless i loose my job. Also when you mentioned ASAP, do i have to get a job within # of days
any suggestions.
So many options:
a. switch over to a "similar" job with another company on transfered H1B to new company.
b. before getting laid off with current company, if you are on H1B and have unused EAD then you can switch to EAD by filing appropriate papers so that before termination you are on EAD and no more on H1B. Under this scenario, if u r laid off then you can look for a job (similar job to ur green card) and that might mean u can take some days to find one. See idea is when ur green card is being adjudicated you should be on same or similar job and you should be able to show salary and title and job responsibilities on new companies letter head. If you think your case is not going to be adjudicated soon ..that means you can change many jobs in between by using your EAD and only by when it comes to adjudication make sure you are with same and similar job.
Again check with knowledgeable attorney before acting. These are my 2 cents
best regards
any suggestions.
So many options:
a. switch over to a "similar" job with another company on transfered H1B to new company.
b. before getting laid off with current company, if you are on H1B and have unused EAD then you can switch to EAD by filing appropriate papers so that before termination you are on EAD and no more on H1B. Under this scenario, if u r laid off then you can look for a job (similar job to ur green card) and that might mean u can take some days to find one. See idea is when ur green card is being adjudicated you should be on same or similar job and you should be able to show salary and title and job responsibilities on new companies letter head. If you think your case is not going to be adjudicated soon ..that means you can change many jobs in between by using your EAD and only by when it comes to adjudication make sure you are with same and similar job.
Again check with knowledgeable attorney before acting. These are my 2 cents
best regards
more...
GC_1000Watt
12-03 04:26 PM
The simple reply to this question I could think of is that Dream Act is not meant to benefit Legal immigrants, however Visa recapture will directly benefit all the Employment based legal immigrants.
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
bluez25
07-16 04:03 PM
Hi tinku,
I got apointment in chennai consulate for August 11 and I already have a PCC from SFO Indian consulate which was issued in July last year. Unfortunatly the PCC is valid only for a year so I have to get a new one also. I emailed the Chennai Consulate and got a reply back saying that I might have to get the PCC from my local police station as well as from the passport office.
Hope this information helps.
I got apointment in chennai consulate for August 11 and I already have a PCC from SFO Indian consulate which was issued in July last year. Unfortunatly the PCC is valid only for a year so I have to get a new one also. I emailed the Chennai Consulate and got a reply back saying that I might have to get the PCC from my local police station as well as from the passport office.
Hope this information helps.
more...
admesystems
01-10 07:15 PM
I485 through Marriage pending for NC.
I was out of status more than a year when I got married.
Can I apply for advance parole?
Does anyone know anything about it?
I was out of status more than a year when I got married.
Can I apply for advance parole?
Does anyone know anything about it?
nkavjs
10-18 10:38 PM
July 2nd Filer.
RD : Oct 2
Receipts mailed : Oct 8
EAD cards : Oct 1oth issued.. recd. Oct 18th
FP pending
AP pending
RD : Oct 2
Receipts mailed : Oct 8
EAD cards : Oct 1oth issued.. recd. Oct 18th
FP pending
AP pending
more...
Pasquale
01-20 05:49 AM
Haha this is great :D
perm2gc
12-20 01:34 AM
Hi,
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.
more...
reddymjm
05-16 02:53 PM
Sent an email to 20 of my friends @ work to that and following up with them.
Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.
Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.
kzinjuwadia
05-25 01:22 PM
After receiving GC do we have to report to SSN to change the SSN card but with same number. Existing card says work paper required.
Any anyone knows action item required after receiving GC then please post here?
Ppl do that; but I don't think it's a compulsory thing. Maybe it's good to remove one of the last traces of being non-immigrant in US ;)
Any anyone knows action item required after receiving GC then please post here?
Ppl do that; but I don't think it's a compulsory thing. Maybe it's good to remove one of the last traces of being non-immigrant in US ;)
more...
va_dude
03-11 02:56 PM
Krithi.. you said your case was similar. Have you had to travel back into the US after having switched jobs on an EAD with a pending 485?
Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?
As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?
As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
saro28
10-20 01:55 PM
Not True, We submitted the Birth Certificate obtained from Indian consulate here in US and One of the GC got approved recently. In my opinion the Birth Certificate from Indian Consulate is sufficient
more...
mjdup
02-12 12:42 PM
This is a start and a good one....:) Bravo for being honest and stepping in..
masterji
09-22 09:25 PM
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
hkusumadi
03-27 01:45 PM
And this "attorney" was actually paid for filing this PERM application?
The educational requirements specified in the PERM may give you some room to wriggle out of this.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?
The educational requirements specified in the PERM may give you some room to wriggle out of this.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?
virald
08-14 12:14 PM
Easy...
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
you just beat me in posting this
:D
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
you just beat me in posting this
:D
viswanadh73
01-07 11:29 AM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
