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  • LostInGCProcess
    09-02 10:40 AM
    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.

    I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
    Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).





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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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  • purgan
    12-18 06:40 PM
    Immigrantion Restrictionist/Racists have been calling Congresional offices and pounding the privelege of their One vote each, so they can be spared of foreign competition even though US competitiveness goes down the drain. I guess each one to himself. Here are some of the more interesting conversations...

    ==


    Senator Kyl:
    Q. What is Senator Kyl's position to be on Cornyn's "dark of the night"
    attempt to ramrod an H-1B increase?
    A. Are you calling on behalf of any organization?
    A. Yes, the org's name is Sandra. I only have one vote and no campaign
    donations.
    "Very low likelihood of this passing, and in the future Senator Kyl will
    take into careful consideration such meansures."
    A. You haven't answered my question. Kyl has been a consistent supporter
    of H-1Bs
    A. Senator hasn't made a decision and is still considering.
    Q. How did the Senator vote on the H1-C two days ago?
    A. I'm not finding a record.
    Q. It was HR1285--on December 5.
    A. Oh, that was a unanimous voice vote.
    Q. So does that mean Senator Kyl voted for it?
    A. I can check, just a moment........it was a unanimous voice vote
    ================================================== ========
    Senator McCain:
    Q What is McCain's position on Cornyn's "dark of the night" attempt to
    ramrod an H-1B increase?
    A. He hasn't yet taken a position.
    ================================================== ========
    Senator Grassley (Casey Mills)
    Asked for Casey but aide couldn't find him
    Q. Does Grassley support H1-B increases?
    A He doesn't know.
    I gave him a rundown as if I were Debbie--nursing shortage is artificially
    created. Grassley probably voted for H1-C, etc.
    I retrained for a job after 20 years to go into nursing, and now find wages
    are kept low by foreign nurses.
    A. He'll pass concerns along.
    ================================================== ==============
    Senator Dorgan
    Express thanks to Senator Dorgan for opposing H1-Bs.
    ================================================== =================

    Sandra

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I called Cornyn's office just now - male staffer got really annoyed when I
    asked him if Senator Coryn supports displacing well-educated American
    workers with Foreign H-1B Visa holders. He immediately passed me off to a
    voice mail box of a staffer who handles immigration matters. (Yes, I know
    H-1B's are so-called "non-immigrant Visas" but we all know most of these
    people end up staying here -)

    Of course the staffer did not pick up his phone - but the staffer's name is
    Landon Bell. Why not ring up Senator Corn-Hole's office and ask for Landon
    Bell, and ring Landon's bell a bit?

    Gerard

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I called Cornyn's office just now - stated my opposition of course. The
    person I spoke with said that Cornyn was trying to get his bill introduced
    today, and he was not sure if it would be voted on today.

    Hopefully Cornyn fails. I think he is getting our message, but I also
    think he does not care.

    Roy

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    Maybe you all have different information that I just obtained from both
    Senator Pete Domenici's office (Republican) and Senator Jeff Bingaman's
    office (Democrat) -- both of New Mexico. But both of their offices claim
    that Skil Bill "Access to High Skilled Foreign Workers" S 2691 has NOT left
    committee yet and thus cannot be voted on yet. (It is certainly possible
    that you all have different or better information than was conveyed to me
    but this is what I obtained.)

    Domenici's office staff person couldn't tell me which side of the fence he
    was on as he hasn't "made a press release" yet. And, as long as it is in
    committee he apparently doesn't voice an opinion.

    Senator Bingaman's office staff also told me that he had not expressed an
    opinion to him on his position on the bill. The young, female staff woman
    who answered the DC phone seemed STUNNED when she pulled up the bill and
    started to read parts of it. She thought they'd have to take some kind of
    special test to get into the USA for these jobs -- no. I only wish she
    were casting a vote as I know how she'd vote! Again, she told me that
    the bill was not out of committee YET and the Senators are going home
    tomorrow afternoon. They are doing "yesterday morning's" work tonight or
    some such backward thinking. There has been no floor debate on the bill so
    the staff claimed would mean there will NOT be a vote on the bill tonight.
    No one would guarantee me that NO voting would take place tomorrow but did
    say it was UNlikely.

    Finally, when I got to the staff woman in DC she was a bit surprised
    because someone had called her on the bill from one of the Senator's New
    Mexico offices. (A bit strange unless it was my calling the Senator's 800
    number which connected me some place in New Mexico and they called the DC
    office for information regarding my inquiry.)

    (BE careful when you call, however, one Bingaman's staff males that I
    spoke with tried to give me the WRONG Senate Bill number reference. He
    asked "This is Senate Bill 2626?" I said "The one I am calling on is
    "Senate Bill 2691 "Access to High Skilled Foreign Workers" so unless the
    bill has been reassigned a number that I don't know about -- I am calling
    on the Skil Bill "Access to High Skilled Foreign Workers.")

    Oh, yeah! the woman from Bingaman's office said "Oh, THAT's a
    Republican sponsored bill!"

    Cynthia

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I, too, phoned Cornyn's office and the person I spoke with kept insisting
    that the H-1B's had to be paid the same as Americans and then he said the
    senator wants to make America more competitive by bringing in skilled
    workers. I directed him to Norm's article in the San Francisco paper and to
    the Programmers Guild. I asked him how it would make our nation more
    competetive to bring in a worldwide supply of cheaper labor to take our
    jobs. Silence.

    LC Evans
    http://lcevans.com
    Jobless Recovery
    A satirical novel about American job losses





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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.



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  • hotscud21
    11-19 09:44 AM
    Is there a way to know about the moron who left nasty comments when I posted a thread?

    I thought this forum was there to help people with any doubts or issues related to immigration. I have never insulted anyone in the past or left any kind of nasty comments on any threads.

    So all of sudden i see "F*** U" comments and negative response for a thread that I started.

    So who ever left those comments --Go Fk urself! I'm sure you have no life and its abt time you get one! If you really have issues go consult a psychiatrist.





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  • gimme_GC2006
    03-25 09:23 PM
    ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..

    Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.

    Look at my other thread as an example.

    Hopefully you resolve it fast



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  • imm_check
    11-06 05:06 PM
    Thanks to one and all for your feedback....i shall wait for some more days before talking to USICS

    Hi All,

    I got an update from my companies lawyer that my daughters application was returned as the cheque was not signed...I have a couple of questions to authenticate what she told me...

    1. Could some one let me know what happens when 485 or any application is sent back. Do they send a notice why they sent it back?

    2. Would USICS accept those applications again?

    3. What is the time period they give for a response in a situation like mine?

    4. What is the ramification of a application submission at a later date than that of the main application to USICS.

    Thanks...





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  • Yeldarb
    07-27 11:31 PM
    www.scriptscribbler.com/sof2.php - A team and match picker for online multiplayer games. Designed specifically for Soldier of Fortune 2: Double Helix, but will work with any other game that has teams that play against each other. This helped familiarize me with arrays, multi-dimensional arrays, evals, and several other PHP topics.

    www.barbdwyer.com/flanube.swf - A header created for a web design company. Shows the design side of what I do rather than most of the other stuff here that shows coding. Also see the banner for the same site with the same concept www.barbdwyer.com/flanubebanner.swf



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  • Lisap
    08-03 12:27 PM
    What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?





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  • GCVivek
    01-28 05:57 PM
    Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)



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  • gcForV
    07-13 12:35 PM
    Do not start new thread to respond back or add to what gc_hoga_re has said. His post was offensive to members and detrimental to the organization.

    That thread is now closed and gc_hoga_re has been banned.

    To those who dont like censorship and moderation of forums:

    Immigration Voice neither promises nor practices "Free speech" and "First amendment rights" claimed by members who dont like moderation and censorship.

    We are an organization for Greencard backlogs advocacy, not civil rights like First amendment rights and free speech. In order to worship civil rights like free speech and first amendment rights, please join the ACLU (www.aclu.org).

    Also, Immigration Voice is in its full rights to censor its own site as the site is owned by organization and it is not a public property. Your first amendment rights to "Say whatever you feel like" are guaranteed by the constitution to protect you from congress passing laws that can take away those rights. The constitutional rights dont guarantee you the right to say whatever you want on other citizen's/organization's property/website/domain. So please do not come back to preach the US constitution to the core group. There are thousands of blogs, sites and discussion forums that practice much higher level of censorship. The only way to guarantee the retention of online material is to start your own website and we encourage members who find Immigration Voice as a "Restrictive" or "Non Democratic" website to do that.

    Immigration Voice will ban users, ban posts, delete posts, close threads and remove material that is detrimental to the organization.

    Also, gc_hoga_re has been banned for posting offensive material.
    Wow Wow Wow.
    Watch out..Before typing think.
    You are the Administrator of the site!!!
    I do understand the wild posts though





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  • flex
    10-02 02:56 PM
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  • crazyguy4u
    07-16 07:49 PM
    NO, u cannot apply, unless you want GC as principal applicant only





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  • jungalee43
    01-11 03:27 PM
    Nice to know and good luck to all of you. Hope it helps.



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  • wandmaker
    08-06 04:47 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Your wife's application has reached USCIS on 8/1 and your approval came in today. You are covered, nothing to worry





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  • Dipika
    08-28 01:04 PM
    To all,
    If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.
    ......

    good. finally calling USCUS helps and your wife got EAD.:)

    in my case i have applied for EAD/AP on 31st July and the same way, i got direct CPO email (no case Approved..) on 26th Aug. spouse AP approved on 20th Aug (but on my AP and spouse EAD still no LUD)

    so no one know in what sequence USCIS is processing EAD/AP/485!



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  • champu
    03-09 03:31 PM
    start a consulting company. ;)





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  • garybanz
    10-28 01:43 PM
    I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.

    How long did it take for the I-797 after the approval of 485? Which service center was this at?





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  • fxok425
    01-10 03:16 PM
    Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.

    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.





    piyu7444
    07-13 05:29 PM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks

    Almost every time landed @ delhi and then got to a domestic flight (@ Indore - lot of times)

    It all depends on your international arrival and next connection to domestic city (how long is lay over?) You can get a good connection from New york to mumbai to indore with airline A due to its flight schedule but you might not get the same ''good connection'' with airline B as it just has a different schedule.

    So it depends on the following
    -From where you fly
    -When you reach
    -When is the first avaiable domestic flight
    -how much is the total cost

    :)





    smuggymba
    10-05 03:25 PM
    excuse me. What wrong with this info. EB3 was/is badly suffering because of those illegals. Looks like ur the anti and the troll.

    Troll alert. This guy is trying taint eb3.