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  • kirupa
    10-06 05:33 PM
    No no no - please don't vote for yourself :) That's considered in bad-taste and your entry could get disqualified.





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  • insbaby
    08-24 02:13 PM
    I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.

    CBP & INS officers are much trainined in strategies to ask specific questions to individuals.

    Most people from India do not want to purposefully lie, afraid of maintaining with a series of lies.

    CBP & INS knew that students work somewhere. Our friend was a student then and it is not a surprise that he was trapped with some specific questions.





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  • arihant
    06-01 11:13 PM
    Guys I had started this thread for people who have already filed for I485 and are waiting for a visa number. I am surprised at how this thread has been altered with a poll and the kind of posts people are making.

    purplehazea,

    I started the other thread with the poll. I do not know how the two threads morphed together:confused:





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  • eeezzz
    08-28 10:12 AM
    Ron sent an inquiry and here is the answer he got
    Yes I probably should have said Worldwide Employment Third. My primary concern at this point is with the China E3 cut-off date which has an extremely large amount of demand.
    Ron also says
    He definitely referred to China E3, not India. There has been a huge build up of Chinese E3 cases over the past few years. There has been an even larger buildup of Indian E3 over the years, but that is a given.

    Visa Bulletin says
    ...Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June....

    So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.



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  • lazycis
    01-10 04:23 PM
    My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.

    Correct.





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  • gchope2k6
    04-27 01:54 PM
    Hmm, that's what I found weird also, how could it be both pre-adjudicated and under review ?! She did say pre-adjudicated at the past tense and my last LUD was 3/2/09, even if we went for fingerprinting the second time on 3/9/09 (no LUD after).



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  • logiclife
    07-11 11:18 AM
    This is from Rajiv Khanna's Immigration.com (http://www.immigration.com/common/synergybackpay.html), found today.

    Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.

    In a decision entitled "Administrator WHD v. Synergy Systems, Inc." on June 30, 2006, the employer was ordered to pay back wages to two benched (Indian) employees and was directed to be barred from the H-1 AND green card programs for two years. The employer tried to argue that the employees were on unpaid leave of absence. This argument was rejected. It was found that employer had willfully violated H-1B regulations, hence it must be barred from the H-1 and green card filing for at least two years.

    What this tell us is:

    1. Its really not a joke to go around benching people without pay.
    2. All it takes its an official complaint to be filed with Department of labor. And although it takes time, the department of labor would go after such employers and do the neccesary "Treatment" and "therapy" needed to teach such employers a lesson.
    3. It is not the employee's fault if they are not paid wages for the time they spend when they are non-productive, aka, illegal benching-without-pay. Employee's responsibility to find a gainful employment starts ONLY AFTER the employer officially terminates the employee and send USCIS the notice to revoke H1. After that, its the employee's responsibility to maintain status and legality.

    Employers like Synergy are not only a menace to their own employees, they are also a menace to the entire system. The anti-immigrants cite such employers to make their case for their own cause by saying that "H1Bs are exploited and H1Bs are slaves and H1Bs and immigrants are driving down wages". When in reality, H1B employees most earn the same amount or more amount than any other employee on greencard or citizenship. Such few bad apples really provide examples for our opponents on other side to create new sound bites. These are the guys who put us in trouble and provide fodder to Lou Dobbs and programmer's guild(organization against hi-tech immigration).

    I am disappointed that they are barred only for 2 years. Coz after 2 years, I can guarantee that they will be probably back to their old tricks. There is such a thing called RECIDIVISM. A tendency to revert back to previous pattern of bahavior. Pretty much like a dog's tail. No matter how long you keep a dog's tail in a straight tube, as soon as you take it out, it regains its original shape.

    However, 2 years is still 2 years. And I am going to toast to that. CHEERS !!!!!!!!!! :):)

    If anyone here has been an employee of Synergy or is still an employee, you may want to take appropriate steps to change your employer and check the consequence to your immigration status and GC status.





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  • solraj
    03-19 01:24 PM
    Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.



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  • bluekayal
    09-14 01:17 PM
    jlt007us, all the best.





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  • new2H1&GC
    12-30 03:14 PM
    Hello all,
    Could someone who are recently travelled via London Heathrow, please let me know what all should be done in order to obtain the DATV visa?
    My flight stops there for under 2 hours (for cleaning and refuelling), and I was told I need to get the DATV since my visa expired and my approved AP alone is not enough.

    Though I have gone through the required websites, i would still appreciate info from any one who recently experienced getting the DATV and travelling via London. Do I need to send I-485 receipt notice original and EAD as well?
    Or is it enought to send the online application, passport, photo and AP originals?
    Is there anyway to do everything in person, including handing over documents?

    Also, it would be great if you could let me know how long it took to get the visa and your documents back!

    Any help is GREATLY appreciated!
    Thank you all very much !



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  • somegchuh
    07-16 02:41 PM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D





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  • waitforevergc
    09-03 06:51 PM
    I filed my H1 extension and it took 75 days to get it approved. Regular and not premium.

    Got 3 yr extension with approved i-140.

    If you do premium, you will know the decision in 15 days.



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  • Chicago Desi
    03-15 03:39 PM
    Yes, wait for an RFE and do what they ask you to do in that RFE.

    My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
    Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
    Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.





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  • neoneo
    07-16 08:36 PM
    I'm not sure the information is correct. You can add a spouse anytime before your I-485 is approved. Till that time it's a good idea, if you have a chance, to maintain two different applications. The difference is you can mention that you have a spouse in biometrics etc but you wont file for her EAD/ AP since she/he has a separate app since she is not a dependent.

    In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
    If you don't plan to file as a dependent then you have to file two independent apps.

    Don't get confused with dependent and spouse, these are two very different terms.

    You would add a dependent before your I-485 approval depending upon whose PD is current.

    PS: As usual all the disclaimer regarding of me not being an attorney applies. :D



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  • a_yaja
    03-17 02:35 PM
    Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?

    Yes - but only amounts in excess of 7% of your AGI is deductable. The first 7% comes out of your pocket.





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  • madanreddy
    03-14 01:55 PM
    Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.

    What are my options? I am in status?

    Thanks for your advice.



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  • sunty
    08-27 02:55 PM
    2 year EAD here as well..I-140 has been pending for more than a year now..





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  • nixstor
    02-09 07:17 PM
    this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (http://www.hammondlawfirm.com), you will understand this.

    Yes, I feel that HLG knows what they are talking about and are not just blaring horns to get some publicity. It would be a big dent for us if they pull this off.
    Damn it! I just hate the whole thing.





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  • roseball
    02-28 12:29 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS


    You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....





    setpit_gc
    08-13 04:15 PM
    643 people viewed this so far but only 2 responded.

    Please I need more views before I make decision





    bluekayal
    10-20 06:06 PM
    Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140!

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