saimrathi
07-03 09:21 AM
Sorry if you find it offensive, but I dont think its going to prove anything to the USCIS and I am not even sure they will notice it.
Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
What are we afraid of? its not the lack of issues, its the lack of resolve
Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios
I hope you get a day off from work for doing that..
Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
What are we afraid of? its not the lack of issues, its the lack of resolve
Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios
I hope you get a day off from work for doing that..
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eb3_nepa
10-26 03:50 PM
Can you talk in english please?
A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)
Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?
A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)
Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?
somegchuh
06-11 12:49 PM
I assume you mean "Be prepared for some grilling ....".
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.
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ram_ram
10-01 09:43 AM
The backlogs at DOLS's found a solution..PERM. Similarly premium processing was introduced for I-140's. I think now it's time to move the Departments and courts to find a more efficient Security/Name check process. If not USCIS will continue to loose tons of visa numbers every year. Though USCIS has 26 k cases that has the visa number available,
many of them are struck with FBI. Any movements or actions?
Successfully Challenging USCIS Delays in Federal Court
On September 10, the Los Angeles Times featured an article about how FBI name checks have been slowing down the process of gaining immigration benefits for hundreds of thousands of applicants.
The article revealed that "nearly 320,000 people were waiting for their name checks to be completed as of August 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years."
The American Civil Liberties Union (ACLU) has filed a lawsuit in federal court regarding this issue. The Times article quotes an ACLU attorney who stated that "there is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd. People who have not been any sort of threat ... have been caught up in this dragnet."
Applicants for adjustment of status, citizenship, extensions of stay and many other immigration benefits have taken days off work to visit USCIS offices only to be told that the USCIS can do nothing since the name check process is in the hands of the FBI.
Nor do letters and meetings with Senators and Members of Congress yield results. They receive polite letters from the USCIS' Congressional Liaison Unit to the effect that "Sorry, but this is FBI's problem, not ours."
DHS Secretary Chertoff announced that his Department is meeting with the FBI (which is part of the Department of Justice) to work out a more efficient system of processing these name checks, but so far, the number of people waiting for results from the FBI continues to grow and grow.
The problem exists for applicants from a wide variety of countries and affects Christians, Moslems, Hindus, Sikhs, Jews, etc.
Our solution is to sue both the USCIS and the FBI in Federal Court. Most Federal Judges are not reluctant to order the FBI and the USCIS to complete their name checks and application processing by a date certain.
Many applicants have turned to litigation as the one and only method of solving the name check problem. The numbers of such lawsuits have increased from just 680 in 2005 to 2,650 in 2006 to over 4,100 this year. Although there is no guarantee of success, our law firm has yet to lose one of these cases in Federal Court.
The Times article concludes with a quote from me:
"There is only one thing that works, and that is suing them in federal court."
We link to the Times article, "Caught in a Bureaucratic Black Hole" from
http://www.truthout.org/docs_2006/091107P.shtml
We also link to AILF's new practice advisory entitled "Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss" from
http://shusterman.com/toc-dpt.html#A1
many of them are struck with FBI. Any movements or actions?
Successfully Challenging USCIS Delays in Federal Court
On September 10, the Los Angeles Times featured an article about how FBI name checks have been slowing down the process of gaining immigration benefits for hundreds of thousands of applicants.
The article revealed that "nearly 320,000 people were waiting for their name checks to be completed as of August 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years."
The American Civil Liberties Union (ACLU) has filed a lawsuit in federal court regarding this issue. The Times article quotes an ACLU attorney who stated that "there is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd. People who have not been any sort of threat ... have been caught up in this dragnet."
Applicants for adjustment of status, citizenship, extensions of stay and many other immigration benefits have taken days off work to visit USCIS offices only to be told that the USCIS can do nothing since the name check process is in the hands of the FBI.
Nor do letters and meetings with Senators and Members of Congress yield results. They receive polite letters from the USCIS' Congressional Liaison Unit to the effect that "Sorry, but this is FBI's problem, not ours."
DHS Secretary Chertoff announced that his Department is meeting with the FBI (which is part of the Department of Justice) to work out a more efficient system of processing these name checks, but so far, the number of people waiting for results from the FBI continues to grow and grow.
The problem exists for applicants from a wide variety of countries and affects Christians, Moslems, Hindus, Sikhs, Jews, etc.
Our solution is to sue both the USCIS and the FBI in Federal Court. Most Federal Judges are not reluctant to order the FBI and the USCIS to complete their name checks and application processing by a date certain.
Many applicants have turned to litigation as the one and only method of solving the name check problem. The numbers of such lawsuits have increased from just 680 in 2005 to 2,650 in 2006 to over 4,100 this year. Although there is no guarantee of success, our law firm has yet to lose one of these cases in Federal Court.
The Times article concludes with a quote from me:
"There is only one thing that works, and that is suing them in federal court."
We link to the Times article, "Caught in a Bureaucratic Black Hole" from
http://www.truthout.org/docs_2006/091107P.shtml
We also link to AILF's new practice advisory entitled "Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss" from
http://shusterman.com/toc-dpt.html#A1
more...
kshitijnt
07-30 08:02 AM
I do not recommend E3 visa. As non immigrant intent like F1/B1 is required on E3.
pointlesswait
04-07 09:33 AM
i think ur employer/lawyer was retarded to send a check dated 2005..as far as i know.. check have a validity of 90 days..(atleast most of them do)
anyway..tough luck brother !
anyway..tough luck brother !
more...
Joey Foley
May 18th, 2005, 04:23 PM
Yeah, but if I cleaned the sensor and lenses what else could it be?
Clean the sensor again?
Clean the sensor again?
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satish_hello
08-21 06:08 PM
I don't understand , people are started getting receipt filed in july'14th, july'16th. They are not processing July3rd through july'14th filing?.
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
more...
whitecollarslave
04-17 04:51 PM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I would suggest getting something in writing and filing a complaint with DOL.
I think Lou Dobbs will be happy to report H-1B abuse :)
If you are from Iowa or Illinois, your Senators might also be interested to help bring justice to such employers :)
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I would suggest getting something in writing and filing a complaint with DOL.
I think Lou Dobbs will be happy to report H-1B abuse :)
If you are from Iowa or Illinois, your Senators might also be interested to help bring justice to such employers :)
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thomachan72
11-10 02:47 PM
Never heard of this before. Wouldn't know what to do either. Can you call them and ask? or send an email? what does your attorney say? Was an educational evaluation done on this?
more...
nozerd
01-17 01:55 PM
Check website of consulate. I know Houston consulate webiste is
www.cgihouston.org
You will have to go to the one in your jurisdiction.
www.cgihouston.org
You will have to go to the one in your jurisdiction.
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frostrated
08-10 08:45 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.
The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.
But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.
The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.
But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.
more...
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fcres
07-12 04:43 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
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mambarg
08-05 11:44 PM
I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.
MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02
Here is my analysis.
Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.
Guys, give a thought to this trend and see if you can guess more accurately.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.
MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02
Here is my analysis.
Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.
Guys, give a thought to this trend and see if you can guess more accurately.
more...
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bang
01-07 05:03 PM
Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
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cram
10-09 07:06 PM
please anybody????????
more...
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GCNaseeb
11-04 10:46 AM
Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:
http://immigrationvoice.org/forum/showthread.php?t=13522
http://immigrationvoice.org/forum/showthread.php?t=13522
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mpadapa
08-15 02:28 PM
give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
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vegasbaby
02-19 07:06 PM
All,
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
I am also in the same boat as you. To ans your questions -
1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.
2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.
3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
I am also in the same boat as you. To ans your questions -
1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.
2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.
3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.
eilsoe
10-03 01:48 PM
I have a feeling this could get evil...
EB3June03
06-22 06:03 AM
Guys,
I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.
The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.
My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.
My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.
The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.
If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.
I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.
The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.
My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.
My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.
The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.
If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.
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