anai
07-19 02:20 PM
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
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gc_lover
07-10 08:30 AM
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
My friend, are you new in this country?
My friend, are you new in this country?
ak_manu
12-22 01:35 PM
Hello All,
I have applied for PIO card for my son (who is US citizen) a month ago. We need to travel to India in end of Jan 2011 (have 1 more month). I am not sure when i would get my PIO card. Not sure if I would need to apply for ENTRY VISA to India for my son. I concern is I would have to also send out his original passport along with VISA application. I am worried if it might get lost. Q's -
1 Does any one have idea how long it took to get the entry visa?
2. Has anyone applied for entry visa and has any nightmares like loosing passport etc?
Thanks
AK_MANU
I have applied for PIO card for my son (who is US citizen) a month ago. We need to travel to India in end of Jan 2011 (have 1 more month). I am not sure when i would get my PIO card. Not sure if I would need to apply for ENTRY VISA to India for my son. I concern is I would have to also send out his original passport along with VISA application. I am worried if it might get lost. Q's -
1 Does any one have idea how long it took to get the entry visa?
2. Has anyone applied for entry visa and has any nightmares like loosing passport etc?
Thanks
AK_MANU
2011 Yamaha Bikes: Yamaha Yz85 2009
unitednations
03-11 05:19 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!
The hyderabad consulate is nothing new. Chennai has been asking for this type of documents for years.
Yes; some people are not going to change their minds no matter what. I'm sure Grassley gets a lot of contributions and support from like minded people and he has to toe their line or they turn on him.
The other real American way would be to look at ways of undermining Grassley.
Case in point was Elliot Spitzer. Although what he was doing was right and justified; he took on some big players in Wall Street. Lots of fines; regulations, etc. Then all of a sudden he gets caught in a sting and he is ruined forever.
The hyderabad consulate is nothing new. Chennai has been asking for this type of documents for years.
Yes; some people are not going to change their minds no matter what. I'm sure Grassley gets a lot of contributions and support from like minded people and he has to toe their line or they turn on him.
The other real American way would be to look at ways of undermining Grassley.
Case in point was Elliot Spitzer. Although what he was doing was right and justified; he took on some big players in Wall Street. Lots of fines; regulations, etc. Then all of a sudden he gets caught in a sting and he is ruined forever.
more...
badlucky
05-13 10:23 PM
140jibjab,
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
kode
02-22 08:40 PM
posted by sheep
likely story
lol :P
besides i wouldn't agreed if you already had the castle .. :-\
likely story
lol :P
besides i wouldn't agreed if you already had the castle .. :-\
more...
gcpadmavyuh
08-22 10:16 AM
Most of us do not have access to Aila's articles.
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brad_sk2
07-26 01:09 PM
The last link (Times27..) one doesn't open btw
Dude...he is just predicting...Please spend a minute or two reading the contents before replying!
Dude...he is just predicting...Please spend a minute or two reading the contents before replying!
more...
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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vamsi_poondla
10-10 09:30 PM
SWITCH
S-SATYAM
W-WIPRO
I-INFOSYS
T-TCS
C-COGNIZENT
H-HCL
IS that what this means? Yes Chandu. I think analysts and investors coined this word :-) If there is going to be price pressure, further rupee strengthening and visa restrictions, these are most probably the ones that will remain in the market. Indian IT service industry is in the verge of major consolidation. Weak players will be gone and only companies which offer wide range of services and maturity will sustain. (per some analysts)
S-SATYAM
W-WIPRO
I-INFOSYS
T-TCS
C-COGNIZENT
H-HCL
IS that what this means? Yes Chandu. I think analysts and investors coined this word :-) If there is going to be price pressure, further rupee strengthening and visa restrictions, these are most probably the ones that will remain in the market. Indian IT service industry is in the verge of major consolidation. Weak players will be gone and only companies which offer wide range of services and maturity will sustain. (per some analysts)
more...
ilwaiting
12-12 02:00 PM
I think you are right. EB3 india might be stuck for very long time. Remember all the 2001 DOL backlog cases from NY, NJ and CA? And how long BEC took to clear them? They are all waiting to get into the EB queue.
In the previous month, EB3-INDIA date was April22nd,2001. Now it moved to May8th2001. Now, the people with PD's from April22rd2001 to May7th2001 are eligible to apply or ready for adjudication of 485. That means, probably, there are lot of 485(245i) cases to be adjudicated? What do you all think?
Thanks.
In the previous month, EB3-INDIA date was April22nd,2001. Now it moved to May8th2001. Now, the people with PD's from April22rd2001 to May7th2001 are eligible to apply or ready for adjudication of 485. That means, probably, there are lot of 485(245i) cases to be adjudicated? What do you all think?
Thanks.
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vicky007
12-15 01:01 PM
Hi Vicky,
Here's a thread that discusses this:
http://www.immigrationportal.com/showthread.php?t=219339
Regards,
Gravity
Thanks Gravtation.
Here's a thread that discusses this:
http://www.immigrationportal.com/showthread.php?t=219339
Regards,
Gravity
Thanks Gravtation.
more...
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nozerd
01-04 01:05 PM
If this were Canada or Sweden the wives could become " domestic partners" of each other and ask your friend to f.o.
Alsas the US doesnt reconize domestic partners :)
Alsas the US doesnt reconize domestic partners :)
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gc_on_demand
07-08 09:13 AM
^^^^^^^^^^^^^^^^
How long we are planing to wait to get stories ? What if we dont get enough numbers to come upfront and be vocal in media ?
I think still problem is there and people who were stuck abroad now have decided not to travel untill they get GC but they are not standing up and joining hands to stop this process.
How long we are planing to wait to get stories ? What if we dont get enough numbers to come upfront and be vocal in media ?
I think still problem is there and people who were stuck abroad now have decided not to travel untill they get GC but they are not standing up and joining hands to stop this process.
more...
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abhijitp
08-22 12:57 PM
or how about attending rally and make it a big success and reduce your wait time to 50s.
Well said Libra. People, please focus on working to make the rally a success. The best way you can do this, is to attend! Take the various polls available to help you help yourselves or others!
http://immigrationvoice.org/forum/showthread.php?t=12441
If you want the GC, come let's go to DC!
Well said Libra. People, please focus on working to make the rally a success. The best way you can do this, is to attend! Take the various polls available to help you help yourselves or others!
http://immigrationvoice.org/forum/showthread.php?t=12441
If you want the GC, come let's go to DC!
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optimystic
10-22 09:46 PM
Are you talking about EB3-I? If not, ignore this post...
EB3-I dates are in Oct 01, there are no cases to approve, what will they approve?
What makes you think they are processing EB2-I more? Same logic applies here. Wait for the next bulletin, if you are EB3-I in 02 you'll get what is long overdue?
I am sure there are bunch of cases with PD < Oct 01. My PD is May 2001.
Something fishy going on. I have already been thru one whole month earlier this year (Apr or May) with my PD being current but my Processing date retrogressed at NSC. And the same this time too. I am planning to take an Info pass once we enter November irrespective of where Processing dates are at. That will be one more whole month with my PD being current and yet no approval received. :mad:
EB3-I dates are in Oct 01, there are no cases to approve, what will they approve?
What makes you think they are processing EB2-I more? Same logic applies here. Wait for the next bulletin, if you are EB3-I in 02 you'll get what is long overdue?
I am sure there are bunch of cases with PD < Oct 01. My PD is May 2001.
Something fishy going on. I have already been thru one whole month earlier this year (Apr or May) with my PD being current but my Processing date retrogressed at NSC. And the same this time too. I am planning to take an Info pass once we enter November irrespective of where Processing dates are at. That will be one more whole month with my PD being current and yet no approval received. :mad:
more...
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abhijitp
07-08 10:52 AM
http://www.youtube.com/watch?v=kEpN96P_1LA&NR=1
I loved it. If I am right, this is posted by an IV core team member.
I loved it. If I am right, this is posted by an IV core team member.
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eilsoe
02-02 06:44 PM
Dan: Was it the trout-eating werm? :beam:
pom: Yeah, he REALLY amazed me with those shadows as well... I can't decide right now.. I need more time...
pom: Yeah, he REALLY amazed me with those shadows as well... I can't decide right now.. I need more time...
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p7810456
06-23 12:22 PM
Folks
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
I got mine from Walmart, after i heard from couple of my friends. they give 6 photos for 8 bucks or something, where-as if you go to places like Walgreens or CVS.. they only give 2 photos for 8 bucks.
where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?
Thanks
I got mine from Walmart, after i heard from couple of my friends. they give 6 photos for 8 bucks or something, where-as if you go to places like Walgreens or CVS.. they only give 2 photos for 8 bucks.
bsbawa10
08-18 07:14 AM
After I heard from the Infopass IO that my case is all set and it is sitting in the NSC examination room, I have been trying my best to get my file to the attention of an IO at NSC. This is what I have done till now. Don't know if this would work. If not, what the heck?
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
breddy2000
07-03 08:31 AM
My Cost so far:
===========
1. Medical --> 350
2. Fedex --> 100
3. Attorney Fees ---> 1000
4. Photos ---> 65
5. Copies of Certificates ---> 25
6. Affidavits from Lawyers from home country --> 50
Total approximately
$1600
===========
1. Medical --> 350
2. Fedex --> 100
3. Attorney Fees ---> 1000
4. Photos ---> 65
5. Copies of Certificates ---> 25
6. Affidavits from Lawyers from home country --> 50
Total approximately
$1600
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