Wednesday, June 8, 2011

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  • kiran24
    06-23 04:05 PM
    If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.

    1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?

    2) Also how long does the medication take?

    Thanks




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  • Ann Ruben
    01-12 10:15 PM
    You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.

    I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.

    Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.




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  • glus
    11-06 03:47 PM
    glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.

    Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.

    OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?




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  • swaraj
    11-11 11:06 AM
    desi485, thanks for the tip.
    I found this link which mentions that one can apply for a new visa before expiry of current one:
    http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11

    But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?



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  • rockstart
    08-11 09:25 AM
    EB2 I PD 02/27/2006
    I 140 Approved Nov 2006
    RD for I 485: 08/10/2007




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  • bp333
    09-25 04:41 PM
    http://www.cnn.com/2009/POLITICS/09/25/navarrette.obama.immigration/index.html

    By Ruben Navarrette Jr.
    Special to CNN

    Editor's note: Ruben Navarrette Jr. is a nationally syndicated columnist and a regular contributor to CNN.com. Read his column here.


    Ruben Navarrette Jr. asks why the nation's chief multitasker can't take time for immigration reform.

    SAN DIEGO, California (CNN) -- President Obama has placed the immigration reform community at the back of the bus.

    This same president who insists the country can't wait to fix what he calls a broken health care system tells reformers to wait for him to get around to fixing what they consider to be an equally broken immigration system.

    The same president who tried to juggle a half dozen major policy initiatives in his first few months in office now seems unsure of his ability to -- as he told Univision's Jorge Ramos in an interview last weekend -- "solve every problem at once."

    And the same president who seems to understand that the longer he waits to accomplish health care reform, the more difficult it will be to get, doesn't seem to understand the same is true with immigration reform.

    The political math for both kinds of reform only gets more difficult if Democrats lose seats in the House and Senate in next year's midterm elections, as is expected to happen.

    During a recent speech to a black-tie gala for the Congressional Hispanic Caucus, Obama again promised action on immigration -- at some point. But he didn't give a timetable.

    Obama and his advisers decided to attack health care reform before immigration reform. That obviously was a mistake.


    'Latino in America'
    The Latino population is set to nearly triple by 2050. This October, Soledad O'Brien journeys into the homes and hearts of a group destined to change the U.S. Witness the evolution of a country as Latinos change America and America changes Latinos.
    October 21 & 22, 9 p.m. ET

    see full schedule �
    One thing that has thrown a wrench into the prospects for health care reform is the Joe Wilsonian concern that illegal immigrants might get free health care as a result of the reform process. Had that issue been addressed beforehand by giving illegal immigrants a path to earned legalization, that controversy might have been defused. Now Obama might walk away with nothing.

    Be that as it may, it's clear that immigration reform just isn't a top priority for this administration.

    The White House may view this as a niche issue, one with limited impact on any group other than Latinos. If so, that shows how little they know.

    Business groups, law enforcement, border security advocates, organized labor, high-tech firms, university educators and others are all clamoring for immigration reform. For the record, Latinos care about the same issues the president seems to care about -- the economy, education and health care. But they also care about immigration because they see it as a test of political courage.

    They're well-aware of the resistance out there to giving illegal immigrants a path to earned legalization, and so they're drawn to elected officials who are willing to brave those winds in order to do the right thing.

    Does that include Obama? At this point, who knows? Time flies when a president is stalling.

    It was just several months ago that White House officials were promising that Obama would address immigration reform before the end of the year. Now that timeline seems to have been pushed back to the beginning of 2010. And with midterm elections next November, we can expect Congress to invest -- at most -- five or six months on this issue.

    Don't Miss
    Commentary: Our culture of rudeness
    Commentary: Why the shock over Joe Wilson?
    In Depth: Latino in America
    In Depth: Commentaries
    For all intents and purposes, the curtain closes when Congress adjourns for summer recess next year, since members will spend most of the fall campaigning for re-election.

    Given all that, immigration reform could easily lapse into Obama's second term, if there is a second term. For now, the president's reluctance to approach the issue in a meaningful way that goes beyond assurances to advocacy groups and promises to Hispanic audiences seems to be prompting members of Congress to take the reins.

    Both Sen. Chuck Schumer, D-New York, and Rep. Luis Gutierrez, D-Illinois, have promised to unveil immigration reform proposals in the coming weeks.

    Schumer is already behind schedule, since he said he would come up with something by Labor Day. Still, this is all a notable departure from what happened under President Bush, where it was the White House that tried to lead Congress toward immigration reform.

    Now it's the other way around. Call that what you want. But it's not leadership on an issue that demands nothing less.

    The opinions expressed in this commentary are solely those of Ruben Navarrette Jr.



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  • reddog
    03-27 10:45 AM
    Need advise - bumping this up...

    Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?

    I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.

    Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?

    Also, whether some kind of delivery tracking can be done on PO box addresses?

    Please advise folks... Thanks in advance for your help!


    Always used fedex and used this address
    For private courier (non-USPS) deliveries:
    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD




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  • raysaikat
    05-04 03:41 AM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    -

    1. File a report with your local police station. Get a copy of the report number, etc., and keep it for future reference.

    2. Inform the Indian consulate. They should be able to give him a new passport.

    For the rest, my *guess* is that you need to get in touch with the local USCIS office, or the airport immigration in order to get a copy of his I-94, and next time he has to go to US consulate in India (home country) for a new visa stamp.



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  • rajarao
    12-17 12:12 PM
    I traveled- chicago-frankfurt-bangalore- H1B extended but visa stamp expired. No one asked anything while going.
    While coming back they checked my AP at bangalore only (Check-in, indian immigration and boarding). no one asked for it in Frankfurt.
    on I-94 that they give in flight, leave the visa issuance date blank (air line crew did not understand what AP is?).




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  • transpass
    08-27 02:02 PM
    what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions

    It's against the law not to provide CIS your new address within 10 days (?) of your move. FYI, it is mandatory even after you get GC...



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  • jhaalaa
    03-28 12:31 AM
    1. If you go to the DMV please ensure you carry the complete papers. The folks are good but would not approve just on the basis of a receipt notice or letter from the attorney or employer..... You need a presently valid visa(H1/H4/whatever is your present status) approval notice.
    2. The DL would be granted only upto the last date of the visa approval period.
    3. OK Folks are very nice and cooperative. (NJ folks were not bad either but OKies are nicer ;-)

    Stating above based upon personal experience as I had to stay at home for 10 days because the H1 renewal did not arrive on time.




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  • anilsal
    12-18 05:27 PM
    I always call them and tell them that I am not. Based on my car records, they send the jury notice each time.

    I do not think there is a need to send a copy of passport.



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  • pmpforgc
    12-11 08:53 PM
    Can some one reply my following questions about Advance parole

    Hi

    I am trying to file Paper based Advance Parole ( I-131) for me and my family.

    I have few questions regarding process and forms. Appriciate your hlep with those.

    (1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.

    On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?

    (2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?

    (3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.

    Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?

    (4) For my sons ( 15 yrs age) can I sign as a person preparing form?
    thanks for your help with AP application.

    (5) Where can we get appropriat photos for I-131. I went to Wallgreen and CVS but both told they all have digital photographs only. Also they also dont take side view they all take frontal view? so where can we get approriate photos for I-131 (Advance Parole)




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  • eilsoe
    10-08 10:13 AM
    hmm... I'm inspired...



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  • sp0
    09-18 10:31 PM
    What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.

    Q1. Do we need to wait till 9 months to apply for I140 and 485?
    Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
    Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?




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  • hmehta
    09-11 10:43 PM
    If the incumbents really care about being re-elected, they really need to do something over the next 30-40 days. All major news channels are already touting the current congress as a "do-nothing congress". And probably not only their re-election is at stake, if we look at a bigger picture, for some of them even their political career might be stalled!

    Ofcourse, there is no gurantee that some kind of immigration bill will pass, but we should not lose hope at this point.



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  • sivaramakrishna
    07-09 11:41 AM
    Sorry to burst your bubble but that list is sorted alphabetically.

    Then may be #1 choice for people to work outside USA




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  • vdesai_8
    03-16 12:27 PM
    You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.




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  • gcdreamer05
    09-22 12:58 PM
    I got my AP approved on 09/13 and got the documents on 09/20


    could you please share when you applied for AP so that we can know how long it took for approval after RFE...




    VSS2007
    05-28 07:54 AM
    Hi

    Please someone share the info who already received their EAD. (Renewed)

    Does new EAD start after expiry of first one? or not?

    Thanks




    a_yaja
    01-08 08:06 PM
    If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).

    You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".



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