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  • InTheMoment
    02-22 10:54 AM
    The best recourse would be to pay the $100 or so and ask a qualified attorney; but from the J-1 cases of friends that I had seen closely here is what I can say:

    2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement

    3.) Yes, possible

    4.) Yes

    5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.

    www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.





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  • vsoni
    05-12 08:15 AM
    Congratulation �KOSU

    I got mine yesterday evening.
    Thanks IV for their support during Green card painful journey.

    Priority date:- June 2002
    EB Category:- EB3
    Approved 140: September 2007

    Change the Job September 2007
    Change EB3 to EB2, Recapture old priority date June 2002

    New I140 approve FEB 2007 Premium processing.
    New Category EB2
    RD I485- May 2007
    FP July 2007
    NC: Not sure
    I 485 approved:- 05/09/2008





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  • snathan
    02-11 12:20 AM
    Please contribute

    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000





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  • REQUIRE_GC
    08-03 11:14 PM
    I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.

    As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.

    I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.

    Hope this answers your question



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  • beppenyc
    09-14 02:46 PM
    The key will be to see what kind of congress we will have, before that, it is pretty hard to make any prediction. In any case, i remember this may when President George Bush and the senators met at the white house, he (the prez) told that he believe to have a bill by the end of the year, he never mention before election.
    Let`s see and hope





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  • waitingGC
    05-30 02:45 PM
    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.

    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?



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  • PDOCT05
    10-30 03:17 PM
    I filed Concurrently I485 and I140 on August 13 . I have recieved the application rejected notice due to missing signatures on the financial statement by my employer (Hard luck i guess or smartness by employer dont know). As per USCIS statetment they have requested to complete the Application as signed and sent back including the fee and form.

    The notice havent mentioned to refile with new fee . COuld anyone please advise on urgent basis
    if new fees is required ?
    Would i still be assigned old processing date or it would be considered as new application ?

    As per my research USCIS should accept the Old Fee..we never know they may reject...as a safe side refile the application as per the notice and write a separate check for the diff amount of old and new fees.Along with the check include a letter mentioning about the new check.





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  • greyhair
    09-30 10:24 PM
    ... there are always idiots in any group.

    I wouldn't be worried if there were some idiots in this Chinese group. The reason I'm worried is because the entire group is idiot. These Chinese are knowing shooting themselves in the foot. They are ok as long as Indians are getting shot too. If this is not dumb then I don't know what is.



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  • Can2004
    10-08 08:26 PM
    H1B, AOS pending @ NSC(PD- Sep 2004, 485 RD - 08/17/2007).
    Yes, I responded in march of this year.Few LUD's in July and Aug but no GC.





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  • gova123
    07-27 05:25 PM
    Hi Guys:

    One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.

    "I-140: EB-2, approved as EB-3: pending resolution
    Successor in Interest I-140: Pending"

    Does it mean that his I-140 is approved under EB-2 or EB-3?

    So if someone has applied under EB-2, how come it is approved as EB-3

    Thanks



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  • when
    01-03 02:06 PM
    I think is someone has Canadian PR they aren't required to have a UK transit visa. I found the this info on the following link: http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States




    Do I Need A UK Visa


    You asked if a national of India needs a visa to pass through the UK in transit.

    Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or,
    a diplomatic or official passport issued by Vietnam.

    Transiting to the Republic of Ireland
    Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.

    DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).

    All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.

    Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.

    More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.

    Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.

    Please make your application to Chicago, Los Angeles, or New York.

    If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.

    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.





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  • lazycis
    02-28 08:31 AM
    You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
    1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
    2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

    Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.



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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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  • redgreen
    07-15 02:03 PM
    i do not know what options he has but 'ras' is not talking about 'stock options' most people are answering about. July 08 options expire on Jul 18, 2008. so people who are talking about and advising him on stock options are simply confusing this guy. this may be stocks of his company as part of a bonus or something like that. or he is just making fun of us by posting such an unrelated thing.



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  • vactorboy29
    06-29 04:44 PM
    Last year I had applied for Schengen business visa. I was able to get using Blue cross blue shield Letter saying about their international coverage.Call your insurance and ask them to fax coverage letter.
    One more thing when I had applied for visa they just issued for specified days as it was mention in business invitation letter. Then I end up reapplying it to get for four months.

    Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".

    What are my options. Can you guys suggest where I can buy the insurance from.





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  • Tantra
    07-18 08:43 AM
    Welcome!



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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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  • bitzbytz
    07-13 02:24 PM
    i backup admin...no threads for illegal issues. May be we can use private messages.





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  • satyasrd
    05-19 07:37 AM
    Pappu/IV Seniors,

    This sounds totally outrageous ! I mean if the company is genuine and no one is on bench etc. what was the ground for deportation ? And what is this about intimidating the immigrant ? What can we do to bring these cases to light and ask for explanations ?

    Thanks.

    I fear a backlash as by now ewr would have made my company to be marked for secondary scrutiny. this is how the story unfolded

    CBP --who is your manager
    XYZ -- Mr ABC who is based in atlanta ..
    CBP. hmmm.. can i have his phone #

    CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
    no call back # nothing ..

    meanwhile XYZ is asked to sign papers ..
    I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
    so poor xyz has no option but to sign and get a stamp on his passport that he is being deported


    Councilor access is a myth and so is trying to call and talk to the CBP officers
    and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench


    i can field any questions ...





    desi3933
    03-16 12:08 PM
    Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?


    >> Also, as per my understanding, You only get RFE when your PD is current

    Incorrect.
    RFE and I-485 denial can be issued even when PD is not current.





    howzatt
    11-05 09:07 AM
    I have a notice date of Oct 1st but no EAD yet. Anybody else in similar situation? My application reached NSC on AUg 13th.

    I have received FP notices on Oct 29th



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