Can someone file I-140 / I-485 concurrently when he/she is having medical problem

rthaniks

Registered Users (C)
Hi All,

One of my friend is preparing his paper work for filing I-140 / I-485 concurrently at Vermont for himself and his family as his labor was approved. Here is the question. Can he file his I-140 / I-485 concurrently and immediately when he is having some problem with his medical test like Skin Test is Positive and Chest X-Ray is abnormal / normal ? or Should he wait until his medical is cleared if he is asked to have medication for 6 months or one year?. Thanks in advance.

-Thaniks
 
rthaniks said:
Hi All,

One of my friend is preparing his paper work for filing I-140 / I-485 concurrently at Vermont for himself and his family as his labor was approved. Here is the question. Can he file his I-140 / I-485 concurrently and immediately when he is having some problem with his medical test like Skin Test is Positive and Chest X-Ray is abnormal / normal ? or Should he wait until his medical is cleared if he is asked to have medication for 6 months or one year?. Thanks in advance.

-Thaniks


USCIS will issue medical RFE if doctor send a report like 'abnormal X-ray'
and I've seen cases where 485 was transferred to local office for further
review. ur call...
 
Thanks for your reply. What will happen if the file is transferred to Local office. Is it a complicated process or the process will be delayed. Please make it clear whether my friend can apply I-140 and I-485 concurrently with his medicals report ( Skin Test positive and chest X-Ray is abnormal ). Let him reply for RFE later as he will have sufficient time for taking medication. Thanks
 
rthaniks said:
Thanks for your reply. What will happen if the file is transferred to Local office. Is it a complicated process or the process will be delayed. Please make it clear whether my friend can apply I-140 and I-485 concurrently with his medicals report ( Skin Test positive and chest X-Ray is abnormal ). Let him reply for RFE later as he will have sufficient time for taking medication. Thanks


Its ur call..u can take a risk..apply and hope dont get a RFE or take
proper medication clear all x-rays and then apply.
 
I have abnormal xray too -

note that scar in lung due to TB do not go. it stays for the rest of the life.
I am not sure what form of TB U have but I had scar since 1982.
In my case, I went for a 1st medical and disclose that I had TB 15 years ago .
I was not given skin test ( since it would come positive even if I do not
have an active TB).

After 1.5 years INS sent us interview letter without mentioning need for the 2nd medical
report. It took 6 month to schedule an interview. We learned of this 2nd medical report requirement at the interview . I got one and my case was approved on the spot.

So, I will recomend go ahead with the filing and by the time you get a interview letter
you would have cured( if U have actibe TB now).

If you take medicine for 6 month and then file, they will anyway call you for an interview
if U hv abnormal xray and that takes additional 6 month.

Its my opinion, please consult your attorney.
-- BK
 
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