seeker_gc
06-17 09:43 PM
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
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DallasBlue
06-23 11:44 PM
even if in july bulletin the dates move back, think anyone can file till jul31st.
The applications will be valid as long as it is post marked before 31st july.
--disclaimer: not a lawyer
The applications will be valid as long as it is post marked before 31st july.
--disclaimer: not a lawyer
vnsriv
11-14 11:49 AM
There is no such thing as duplicate EAD. Everytime the EAD is lost, USCIS issues a new EAD with new dates of approval and expiry i.e. they treat it as renwal. If you are not using EAD, don't bother to apply for one. It costs around $300+(i am not sure on this) and needs to be renewed every year.
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texanguy
08-12 02:30 PM
bump
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Lacris
08-09 10:41 PM
I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
krishmunn
02-07 10:17 AM
How much is the diffference ? If the pay (you are getting) and the required pay is not vastly different (say within 10-12 % range) you should be OK if company can prove their ability to pay.
The GC salary offered need not be paid now, it need to be paid after 485 is approved (which possibly will take years)
The GC salary offered need not be paid now, it need to be paid after 485 is approved (which possibly will take years)
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roseball
03-31 11:01 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
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paskal
05-31 10:44 PM
guys please do take a moment with the webfax if you have not already done so, this effort to spread our point of view and gain visibility with lawmakers is critical. if you have some time you can actually fax legislators from every state!
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walkerydk
10-08 10:38 PM
I am on the same boat of Consular Processing with Priority Date of Jun EB3 with I-140 approved in Sep-2004 and still working on H1B all the time. Is there any luck of getting EAD or similar benefits as 485 filing.
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akkakarla
09-01 04:45 PM
Then, I am unlucky then...Can you check your message please...i got interviewed in 10/2005 in Boston and once again in July 2008. They mentioned it is pending visa number available..
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mpsamant
07-24 06:32 PM
Dear IV:
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
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cox
October 6th, 2005, 01:52 AM
Over a hundred people have looked at this and no one has anything helpful to say about extension tubes?!? Guess I'm on my own...
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bklog_sufferer
10-18 03:09 AM
Hello,
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
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jonty_11
11-16 09:13 PM
News from REDIFF
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
more...
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willgetgc2005
03-28 07:56 PM
Maybe this is something we can propose.
You guys talk as if we propose and they accept. get back to realty, please.
After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.
You are talking about a radical chnage in GC.
Get real. Get real. Let us get out of this child like proposals.
Obviously the efforts of us, IV and QGA have not been sufficient. I am not
in the least balming anyone. I for one feel IV has done exemplary work.
But the critical question is do we need to do anything different ?
Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
apathy and seeming ignorance to our issue on the part of senators. After all
our efforts. What went wrong ?
Core IV members please share your frank thoughts.
You guys talk as if we propose and they accept. get back to realty, please.
After QGA and IV and all of us sending so many faxes etc, they did not even mention about EB visa issue in the SJC.
You are talking about a radical chnage in GC.
Get real. Get real. Let us get out of this child like proposals.
Obviously the efforts of us, IV and QGA have not been sufficient. I am not
in the least balming anyone. I for one feel IV has done exemplary work.
But the critical question is do we need to do anything different ?
Core memebers of IV, ragz4u et al, do you think we need to take a harder look and see if we are on the right path ? Did something not work as expected ? I read in one of the core memebrs post that IV members are in DC talking to senators office. Did senators office play ignorant in the SJC after being sympathetic to us ? What baffles me atleast, is the total
apathy and seeming ignorance to our issue on the part of senators. After all
our efforts. What went wrong ?
Core IV members please share your frank thoughts.
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Drifter
09-01 04:50 PM
I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.
1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.
OR
2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....
lots of questions .... no answers... only silence....
1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.
OR
2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....
lots of questions .... no answers... only silence....
more...
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tabaching
10-22 09:40 PM
Hello guys,
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
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blacktongue
10-04 01:15 PM
It was not supposed to be shown to Indians on IV
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
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GCBy3000
07-26 05:35 PM
Can IV send email todya to all TEXAS members if it supports this move since tomorrow is the last day for registration.
newbee7
07-04 05:08 PM
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
The real issue here is that people with priority date later than that was in June bulletin were approved. If the July bulleting never became applicable, how were the non-current PD apps approved??
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
The real issue here is that people with priority date later than that was in June bulletin were approved. If the July bulleting never became applicable, how were the non-current PD apps approved??
gcdreamer05
11-19 12:57 PM
along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
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