Tantra
07-17 03:29 PM
Join in...
ksircar
01-18 07:36 PM
My 140 receipt date is July 11, still no word from NSC, neither RFE nor approval.
kirupa
11-09 02:55 AM
Ah thanks for that reminder. I somehow completely skipped over both of them!
geve
11-08 01:45 PM
Austin, Houstin and Dalls not less than 10000 H1B candiadates. Atleaset target for 1000 (10%).
Come on guys.
Come on guys.
more...
sunny1000
02-04 12:14 PM
Juz curious if there is an option to get a Visitor visa without attesting the interview at consulate.
some Travel agents have told My brother in law that they can arrange for Visitor visa without going to consulate. To my knowledge its not possible. one have to attend an Interview at the consulate and do finger prints to get a visa.
Anybody have any similar experience / information ?
Don't trust the travel agents. All visitors to the U.S (with a few exceptions) have to appear for the interview.
some Travel agents have told My brother in law that they can arrange for Visitor visa without going to consulate. To my knowledge its not possible. one have to attend an Interview at the consulate and do finger prints to get a visa.
Anybody have any similar experience / information ?
Don't trust the travel agents. All visitors to the U.S (with a few exceptions) have to appear for the interview.
pappu
09-01 10:06 AM
Yes, you must get another letter from company A, HR or some big official with all dates.
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.
And select a good lawyer. Read IV spotlight topic on it.
Ability to pay and RFEs used to be my favorite subject few years ago :)
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.
And select a good lawyer. Read IV spotlight topic on it.
Ability to pay and RFEs used to be my favorite subject few years ago :)
more...
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.
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.
sen
11-01 06:43 PM
I ran into the same issue when my wife I-94 was about to expire even though she had valid visa in her passport till 2010. We just crossed over to Canada (through Detroit) and after spending an hour we returned back to US. On our entry, we requested the officer to issue new I-94 since it was expiring. He directed us to the immigration officer who issued a new I-94.
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
more...
gc_rip
06-18 01:22 PM
If I get EAD from my current employer and join new employer on EAD before 180 days after filing I-485.
Are there risks that my EAD be canceled before it's expiration date?
Can my new employer start PERM and I140 during that year, and file H1B extn based on I-140 approval before my EAD expires? (Assuming EAD renewal may not be possible, as I left the job before 180 days, and employer never revoked I-140).
I have already completed my 6 years on H1.
Thanks.
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
Are there risks that my EAD be canceled before it's expiration date?
Can my new employer start PERM and I140 during that year, and file H1B extn based on I-140 approval before my EAD expires? (Assuming EAD renewal may not be possible, as I left the job before 180 days, and employer never revoked I-140).
I have already completed my 6 years on H1.
Thanks.
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
immigration
03-12 09:22 AM
MN. You can call and tell them that you are using ITIN and will update with SSN when you have one.
more...
hopefulgc
01-10 03:02 PM
good idea
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just act as if you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just act as if you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
ita
01-11 12:12 PM
Jungalee43, Thanks for sharing the information. I've contacted Murali Bashyma too.He responded back saying he'll contact me tomorrow.
Hope I'll get my AC21 concerns straightened.
Thank you.
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Hope I'll get my AC21 concerns straightened.
Thank you.
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
more...
gokhale35
03-01 11:22 AM
[QUOTE=Can2004;227413]Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.
I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.
I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.
reddy_h
10-25 12:08 AM
No, once your GC is approved, her H-4 is invalid. You have to use Follow to Join, no other choice.
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
more...
gchope2k6
03-17 07:25 PM
Thank you guys for all the replies ! I will let you know what happens !
Gigantic697
10-20 02:43 PM
Anyone guys...?
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
more...
txh1b
08-18 11:19 AM
Who in the right mind would base their decision of the replies from a forum anyway. People come to the forum to get the thoughts from others but would have to go with whatever a legal counsel says to be sure.
And remember, not many legal professionals know what they are talking about either.
And remember, not many legal professionals know what they are talking about either.
dealsnet
10-07 03:14 PM
Your earlier post sound she filed for you.
Once you file I-485 for her, her age will be frozen.
But GC is for unmarried children.
If she is married before GC and USCIS knows about it, they can deny her petition.
If she marry a H1B guy, she can take H4 visa.
Consult a lawyer to find how to keep her in 'STATUS'.
When she was 19, I applied for her on behalf of me.
She was my dependent.
Once you file I-485 for her, her age will be frozen.
But GC is for unmarried children.
If she is married before GC and USCIS knows about it, they can deny her petition.
If she marry a H1B guy, she can take H4 visa.
Consult a lawyer to find how to keep her in 'STATUS'.
When she was 19, I applied for her on behalf of me.
She was my dependent.
kaisersose
09-17 12:17 PM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
deba
05-29 10:41 AM
Be careful about claiming residency thru employment for a Canadian company while outside the country. It is not automatically considered. I had the first hand experience myself while applying for Canadian citizenship. I was a few days short, however was able to prove my case because I was employed by a Canadian company which was doing business in the US and I was a frequent business visitor. I was approved because of all other things considered, time spent in Canada, family ties, owner of residential property in Canada etc. etc. But overall it wasn't a pleasant experience proving my case to CIC. I had to organize tons of paperwork and proof to prove my case. So just don't assume you will meet the requirements of residency with only a remote employment connection with a Canadian entity.
msgoud
03-09 11:39 AM
thanks for suggestion,i suggested the same ,but it looks like his company lawyers are working
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