don_don
06-25 08:43 AM
If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!
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ilikekilo
06-11 06:14 PM
again u r out of ur mind
shishya
09-27 12:43 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
2011 2010 Nissan Titan Crew Cab
meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
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sam_hoosier
05-07 03:58 PM
I am suspecting it will not be favorable at all
Stop scaring people :) We have absolutely no way of knowing what the new regulations would be.
Stop scaring people :) We have absolutely no way of knowing what the new regulations would be.
bmoni
12-22 12:59 PM
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
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seba
09-24 10:35 AM
Hi all,
I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?
I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.
However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.
Please let me know if you have any knowledge or experience in this. Thanks.
I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?
I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.
However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.
Please let me know if you have any knowledge or experience in this. Thanks.
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desi3933
02-18 06:17 PM
I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.
Appreciate your help in this regard.
She has come back to US before child turns 2 and it must be their first trip to US. No visa is needed for child and child will be provided green card on arrival.
You need to carry documenation with you as not all airlines are aware of this rule that child can travel without visa.
Again, it must be their trip back to US after child's birth.
_________________
Not a legal advice.
Appreciate your help in this regard.
She has come back to US before child turns 2 and it must be their first trip to US. No visa is needed for child and child will be provided green card on arrival.
You need to carry documenation with you as not all airlines are aware of this rule that child can travel without visa.
Again, it must be their trip back to US after child's birth.
_________________
Not a legal advice.
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mbartosik
05-30 01:28 PM
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
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sheela
09-23 11:18 AM
Anybody having experience with USCIS Ombudsman office. How urgent the cases are taken and how soon they are resolved? Does assistance help?
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swissgear
06-24 11:15 AM
http://online.wsj.com/article/SB10001424052748703900004575325412638269010.html#a rticleTabs%3Darticle
Date : June 23 2010
By MICHAEL HOWARD SAUL
Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.
"Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."
During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.
The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.
The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.
To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.
One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.
President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.
In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.
Date : June 23 2010
By MICHAEL HOWARD SAUL
Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.
"Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."
During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.
The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.
The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.
To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.
One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.
President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.
In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.
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ItIsNotFunny
12-02 03:46 PM
How about you become core member and involve in overall efforts related to lobbying.
I promote more direct efforts like rally, mails etc than lobbying.
I never said current core members are not doing their job. I said that lobbying companies may be over charging where we don't have control.
I promote more direct efforts like rally, mails etc than lobbying.
I never said current core members are not doing their job. I said that lobbying companies may be over charging where we don't have control.
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boreal
02-25 08:02 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..
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ruchigup
08-22 03:03 PM
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
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wandmaker
11-18 06:48 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
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chanduv23
02-25 10:56 PM
Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.
There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.
There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.
more...
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blacktongue
01-26 01:16 PM
Why more IT people from Andhra India?
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meridiani.planum
02-27 06:04 PM
It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!
he took that into account (thats the 2.5:1 ratio of GCs filed:LC). Stats have shown the ratio is typically 2.1, but thats close (& scary) enough.
he took that into account (thats the 2.5:1 ratio of GCs filed:LC). Stats have shown the ratio is typically 2.1, but thats close (& scary) enough.
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sush
10-03 06:46 PM
The latest one I see is 07/28/2007
buehler
07-13 09:15 PM
Wow! Now I have three green squares. So I am getting my GC on Monday:) Now if only more people were to vote for me and I get to 5 stars, I have been told that I will be made the USCIS director. Then I will reverse the July memo from USCIS and make sure that they will accept all the 485s till end of July.:D How is that for a deal? So keep voting on then.
P.P.S - Now again, what am I doing posting here on a Friday evening. My wife and son are getting really mad :eek:
P.P.P.S - I just checked the stats page and there are over 1,800 members online. Kind of satisfied to think that there are at least so many more people getting beaten up by their spouses now. At this rate IV will be one of the major causes for a sudden spike in the divorce rates in the high skilled immigrant community.:eek:
P.P.S - Now again, what am I doing posting here on a Friday evening. My wife and son are getting really mad :eek:
P.P.P.S - I just checked the stats page and there are over 1,800 members online. Kind of satisfied to think that there are at least so many more people getting beaten up by their spouses now. At this rate IV will be one of the major causes for a sudden spike in the divorce rates in the high skilled immigrant community.:eek:
haider420
06-12 07:54 AM
hello,
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
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