Green Card denial by USCIS for medical

[Moon_Walker]

On expats

 

Super Urgent: Employment based Green Card Denied
Super Urgent: Employment based Green Card Denied

My sis in law employment based green card got denied ,most probably due to latent Tuberculosis (TB). Civil surgeon provided clearance but today we saw the case status as Rejected. We are still waiting for the notice which will give the exact reason for denial. There was a medical RFE, after which we submitted Civil surgeon approval and rejection came from USCIS after they reopened the RFE
My sis in law has workedfor FAANG companies, and currently employed with FAANG level employer. 

Questions:
1. What option do my sister in law, currently on AP (EAD) has ? H1B expired with previous employer in 2024. Can current employer file a new H1B while I-485 got rejected?
2. Can my brother initiate a H1B through his employer? He has his own I-140 Approved but priority date is not current. 
3. Can my sister in law file for Green card in EB5 category?
4. They have 3 kids, who are USC. Can, that be used as a reason for getting GC approved. Way too invested in USA for last 20 years to just pack & leave so exploring options.
 

[kevinUsa]

Treatment tesukunta set kada 

[JANASENA]

45 minutes ago, kevinUsa said:

Treatment tesukunta set kada 

No, 

[JANASENA]

How do you know if you have a disability?

A disability is a condition that substantially limits one or more of your “major life activities.” If you have or have ever had such a condition, you are a person with a disability. Disabilities include, but are not limited to:

• Alcohol or other substance use disorder (not currently using drugs illegally)
• Autoimmune disorder, for example, lupus, fibromyalgia, rheumatoid arthritis, HIV/AIDS
• Blind or low vision
• Cancer (past or present)
• Cardiovascular or heart disease
• Celiac disease
• Cerebral palsy
• Deaf or serious difficulty hearing
• Diabetes
• Disfigurement, for example, disfigurement caused by burns, wounds, accidents, or congenital disorders
• Epilepsy or other seizure disorder
• Gastrointestinal disorders, for example, Crohn's Disease, irritable bowel syndrome
• Intellectual or developmental disability
• Mental health conditions, for example, depression, bipolar disorder, anxiety disorder, schizophrenia, PTSD
• Missing limbs or partially missing limbs
• Mobility impairment, benefiting from the use of a wheelchair, scooter, walker, leg brace(s) and/or other supports
• Nervous system condition, for example, migraine headaches, Parkinson’s disease, multiple sclerosis (MS)
• Neurodivergence, for example, attention-deficit/hyperactivity disorder (ADHD), autism spectrum disorder, dyslexia, dyspraxia, other learning disabilities
• Partial or complete paralysis (any cause)
• Pulmonary or respiratory conditions, for example, tuberculosis, asthma, emphysema
• Short stature (dwarfism)
• Traumatic brain injury

 

 

asala employment appudu ee question ela miss chesindi? 

 

 

 

 

[nag]

1 hour ago, Moon_Walker said:

On expats

 

Super Urgent: Employment based Green Card Denied
Super Urgent: Employment based Green Card Denied

My sis in law employment based green card got denied ,most probably due to latent Tuberculosis (TB). Civil surgeon provided clearance but today we saw the case status as Rejected. We are still waiting for the notice which will give the exact reason for denial. There was a medical RFE, after which we submitted Civil surgeon approval and rejection came from USCIS after they reopened the RFE
My sis in law has workedfor FAANG companies, and currently employed with FAANG level employer. 

Questions:
1. What option do my sister in law, currently on AP (EAD) has ? H1B expired with previous employer in 2024. Can current employer file a new H1B while I-485 got rejected?
2. Can my brother initiate a H1B through his employer? He has his own I-140 Approved but priority date is not current. 
3. Can my sister in law file for Green card in EB5 category?
4. They have 3 kids, who are USC. Can, that be used as a reason for getting GC approved. Way too invested in USA for last 20 years to just pack & leave so exploring options.
 

for point 1,2,3 clarifications..  better to approach a reputed immig attorney.  As they are heavily invested and lived here  for 20 long years in USA. They shouldn't risk a bit here.

4th point.. out of scope. it is not an option.

[Moon_Walker]

1 hour ago, kevinUsa said:

Treatment tesukunta set kada 

Even though they got clearance still USCIS did not agree. Looks like they are using any reason to deny applications. 

[11_MohanReddy]

It is not a big deal. Doctor will give antibiotics for 6 months and say you are good. 

[Sam480]

9 minutes ago, Moon_Walker said:

Even though they got clearance still USCIS did not agree. Looks like they are using any reason to deny applications. 

Latent TB is not active TB and almost 1 in every 3 Indians have latent TB

The National Prevalence Survey of India (2019-2021) estimated 31 per cent tuberculosis infection (TBI) burden among individuals above 15 years of age.

[pichhipullayya]

1 hour ago, JANASENA said:

How do you know if you have a disability?

A disability is a condition that substantially limits one or more of your “major life activities.” If you have or have ever had such a condition, you are a person with a disability. Disabilities include, but are not limited to:

• Alcohol or other substance use disorder (not currently using drugs illegally)
• Autoimmune disorder, for example, lupus, fibromyalgia, rheumatoid arthritis, HIV/AIDS
• Blind or low vision
• Cancer (past or present)
• Cardiovascular or heart disease
• Celiac disease
• Cerebral palsy
• Deaf or serious difficulty hearing
• Diabetes
• Disfigurement, for example, disfigurement caused by burns, wounds, accidents, or congenital disorders
• Epilepsy or other seizure disorder
• Gastrointestinal disorders, for example, Crohn's Disease, irritable bowel syndrome
• Intellectual or developmental disability
• Mental health conditions, for example, depression, bipolar disorder, anxiety disorder, schizophrenia, PTSD
• Missing limbs or partially missing limbs
• Mobility impairment, benefiting from the use of a wheelchair, scooter, walker, leg brace(s) and/or other supports
• Nervous system condition, for example, migraine headaches, Parkinson’s disease, multiple sclerosis (MS)
• Neurodivergence, for example, attention-deficit/hyperactivity disorder (ADHD), autism spectrum disorder, dyslexia, dyspraxia, other learning disabilities
• Partial or complete paralysis (any cause)
• Pulmonary or respiratory conditions, for example, tuberculosis, asthma, emphysema
• Short stature (dwarfism)
• Traumatic brain injury

 

 

asala employment appudu ee question ela miss chesindi? 

 

 

 

 

so if she has cancer, she is considered disabled ?

Disabled aithe GC Ivvara ?

 

ila aithe manam tine biryanis ki chetta ki manaku unna potta ki Diabeties vastundi

appudu manam kuda disabled aa ?

 

[JANASENA]

28 minutes ago, pichhipullayya said:

so if she has cancer, she is considered disabled ?

Disabled aithe GC Ivvara ?

 

ila aithe manam tine biryanis ki chetta ki manaku unna potta ki Diabeties vastundi

appudu manam kuda disabled aa ?

 

I was asking when we apply for a job this is the common Q kada, so how did she manage ani aduguthunna. endukante I know a person who lives in Chicago and he has TB, he struggled a lot for job.

[pichhipullayya]

2 minutes ago, JANASENA said:

I was asking when we apply for a job this is the common Q kada, so how did she manage ani aduguthunna. endukante I know a person who lives in Chicago and he has TB, he struggled a lot for job.

do u need to declare unless that is interfering with your ability to perform job functions or can company discriminate because you had a health issue?

[JANASENA]

11 minutes ago, pichhipullayya said:

do u need to declare unless that is interfering with your ability to perform job functions or can company discriminate because you had a health issue?

TB is an airborne disease.  unless No ani petti underlying condition ni dachiunchite tappa, I don't think no recruiter will call you. May be I'm wrong.

[Marsmangalodu]

Latent tb shouldn't be a cause for denial

[KathiRamdaas]

H1B expired aithe AP/EAD are gone after GC denial. Only option is she has to go on H4 on Mogudi status. 

[godfather03]

3 hours ago, JANASENA said:

How do you know if you have a disability?

A disability is a condition that substantially limits one or more of your “major life activities.” If you have or have ever had such a condition, you are a person with a disability. Disabilities include, but are not limited to:

• Alcohol or other substance use disorder (not currently using drugs illegally)
• Autoimmune disorder, for example, lupus, fibromyalgia, rheumatoid arthritis, HIV/AIDS
• Blind or low vision
• Cancer (past or present)
• Cardiovascular or heart disease
• Celiac disease
• Cerebral palsy
• Deaf or serious difficulty hearing
• Diabetes
• Disfigurement, for example, disfigurement caused by burns, wounds, accidents, or congenital disorders
• Epilepsy or other seizure disorder
• Gastrointestinal disorders, for example, Crohn's Disease, irritable bowel syndrome
• Intellectual or developmental disability
• Mental health conditions, for example, depression, bipolar disorder, anxiety disorder, schizophrenia, PTSD
• Missing limbs or partially missing limbs
• Mobility impairment, benefiting from the use of a wheelchair, scooter, walker, leg brace(s) and/or other supports
• Nervous system condition, for example, migraine headaches, Parkinson’s disease, multiple sclerosis (MS)
• Neurodivergence, for example, attention-deficit/hyperactivity disorder (ADHD), autism spectrum disorder, dyslexia, dyspraxia, other learning disabilities
• Partial or complete paralysis (any cause)
• Pulmonary or respiratory conditions, for example, tuberculosis, asthma, emphysema
• Short stature (dwarfism)
• Traumatic brain injury

 

 

asala employment appudu ee question ela miss chesindi? 

 

 

 

 

Ante ippudu Diabetes, BP lu unte GC lu raava?? I don't think disability is a problem @Spartan Please give valuable inputs