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  • 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




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  • h1bemployee
    02-26 05:14 PM
    wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

    What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

    I know every one wants to help others in our community but think twice before replying

    I am not posting this for timepass.... This is a real problem....

    My employer gave me Mar 12th as deadline.....

    wandmaker... I am really sorry ...

    here are the details:

    when my employer got the RFE.. he asked me to send the following documents
    # Previous company experience letters(from INdia)
    #All Education certificates
    # letter from the End client
    # current resume
    # w2 form

    and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.

    There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.

    after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.

    # USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.

    # My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.

    If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.

    Can I transfer my H1 in this situation?. Please help.




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  • raysaikat
    01-29 12:22 PM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?


    She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.


    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P




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  • seahawks
    11-04 01:26 AM
    non compete will not allow to work with the same client through a different consulting company.



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  • gcnotfiledyet
    04-20 01:53 AM
    You will be extremely lucky to get any student loans without a US citizen/GC co-signer. I tried it in 2005 and had to get a co-signer. Now with economy tanking it will be tough sell without a co-signer. So do not waste lot of time in searching for student loans in US.

    As for credit cards, new laws passed by congress will not come into effect until July 2010. So until then credit card companies can screw you left and right. That beast is best not to deal with. Do not trust any lifetime APRs or anything from credit card companies. They can jack up your rates for no reason. There are no laws protecting consumers. Do not become another statistics in their game. No amount of credit card arbitrage justifies the time it needs.

    You can try HELOC if you have equity in your house.

    In my opinion even if you are paying 13.5%, it is best to keep student loans from banks. You can put them in deferment 6months post graduation or until you find a job. If you lose a job then you can get extension of deferment later down the road. The advantages associated with student loans are priceless. The money you will save by trying something different might not be your one month salary. In short not worth the headache.




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  • leoindiano
    08-03 05:44 PM
    The USCIS has indicated that it plans to reconcile the second A number for each I-485 applicant with the previously-issued A number.

    That is the key. Reconciled cases will have no problems.



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  • GCPagla
    03-15 02:07 PM
    Hi,

    I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.

    Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.

    a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.

    b) The salary increase in the job is almost 50%. Do you think this causes any red flag.

    c) The company size of the new employer is much small than the current employer. Is this OK.

    I am really depending on you people's expertise. Any help will really make me confident about this change.

    Regards




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  • alterego
    10-19 08:15 PM
    Buy only if you have a time horizon of over 5 yrs now. Preferably 10 yrs.

    If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.

    Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.

    The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.

    Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.

    Good luck!



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  • gc_check
    07-12 05:51 AM
    Our lawyer Company has decided to file the AOS application in July

    I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.

    Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.

    Wanted to share this information as it may be helpful for you folks too ...

    Vivek

    Looks like most of the Attorney's who told, they will not file after the July 2nd revision of VB, are now planning to file anyway. Think the decission could have influenced after the Tuesday's Aila Conf. Call. My Attorney finally gave updates that they would have all the 485's completed and ready to go while monitoring the situation and action of AILA/USCIS and will file if is of the best interest to the applicant. Also, the reason they are holding back now is also, what if, USCIS neither receipts nor rejects the applications and hold them and argue they cannot take an action as the cases are subject to litigation.... then it could be even worse.... Any thoughts on this...Folks share your communication with your attorney's if any details worth sharing.




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  • gg_ny
    08-21 03:23 PM
    You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?

    We all can expect and keep expecting ;-) My PD is Nov 2004 (EB2 NIW), RD for 485 is Aug 2005. Who knows, you could be luckier and FBI likes your name... They seemed to be not liking mine though.



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  • India_USA
    06-25 09:52 AM
    Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)

    In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.

    Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......

    So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.

    All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org




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  • sanju
    04-15 04:03 PM
    This person abby is a member of anti-immigrant group. This person has just posted this message so that some one in their group can cut-paste this post into the lobby material of anti-h1b goup. This thread is actully not the fault of abby. So, rather than talking to abby I would like to say something to people who appear to be regular member of this forum.


    Dear senthil1,

    Do you have anything in the upper compartment of your head. I have seen your posts and you are always arguing for no reason. As if you are the only smart one around. Here you are playing right into the hands of an anti-immigrant. I beg you, please use your brains, atleast sometimes. Don't post just for the sake of posting. Idiot.



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  • perm2gc
    11-03 04:30 PM
    The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.

    I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?

    Thanks!
    Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...

    Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..




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  • abhisam
    01-08 12:24 PM
    I recently renewed our passports. I removed the I-94 (Which were stapled) to the passports and kept those with me, just to make sure it doesn't get lost. There was no question asked from Indian embassy regarding I-94, which is not the requirement, on the website.

    i did not remove the i-94's and have already sent the passport for renewal. i do have a scanned copy of the i-94's. is there anything i can do at this point to get back the i-94's? i hope this does not pose a problem when i plan to travel outside the US. any advice is much appreciated.



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  • edaltsis
    09-18 04:18 PM
    If you use EAD it means you are abandoning your H1B. You have to be employed full-time (should be drawing salary on a regular basis to be in H1B/EAD status) but cant "just" work part-time.




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  • GCwaitforever
    08-16 11:21 AM
    I am just quoting another way to move from EB-3 to EB-2 without having to file for PERM labor etc ... if you are in the same company. If the original labor petition is qualified for EB-2, but I-140 was applied in EB-3 category then that same approved EB-3 I-140 petition could be used as a supporting document in lieu of original labor certification to file another I-140 EB-2 petition. This is assuming that the attorney filed I-140 in the wrong category first time.

    Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.

    I hope this clarifies everything. I am not an attorney. Use the information at your own risk.



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  • jkays94
    04-18 07:49 AM
    The McCain-Kennedy bill is what had the EB provisions in the first place long before Frist or Martinez-Hagel put their bills. Senator Kennedy has been fighting for immigrants rights for almost 40 years (longer than someone of us have been alive) including legal immigration. His own brother President John F. Kennedy wrote a book called - We are a nation of immigrants.

    I am sorry but with all due respect to Sen Kennedy he could address the rally of bunch of illegals waiving Mexican Flag and demanding their "RIGHTS" in Spanish. We have sent faxes in English to Senetor Kennedy requesting to support Bill that will provide relief to Legal immigrant communites but still nothing specific to our cause.

    Please let us refrain from making conclusions as to who was at the rally, there were many legal immigrants and citizens at the DC rally of many nationalities and backgrounds, it was covered live on CSPAN twice for its entire 4 hr duration -- CSPAN as you know is funded by US public funds and would not cover an event dominated by illegals. The US constitution guarantees constitutional freedoms and rights to all who are within its borders and that would include the right to assembly and freedom of speech. FYI, there are 43 million Hispanic-Americans in the US. The DC rally had just as many American flags as many other rallies around the country on April 10. Senator Kennedy has done a lot for legal immigrants, but lets face it, with no CIR, there will be no separate bill for legal immigrants, we would have to rely on ammendments to other bills and those ammendments would be subject to the fate of sections 8001 and 8002 of S1932. CIR originated in the Senate through McCain-Kennedy, the EB number provisions were in this bill, so lets give credit where its due and not say that nothing has been done for legal immigrants by the Senator.




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  • Siddharta
    09-26 04:26 PM
    My sincere advice, DO not even think about it ..

    So you recommend I stay in the similar position (and company) till 2015. Greattttttttt.....




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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.




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    jthomas
    06-11 01:26 PM
    people say I support it as if they are in the congress committee and the moment they say "I support it", the idea become a bill and gets passed.

    Writing letters, requesting the lawmakers for a 10 year EAD due to the retrogression would be a easy task for most of the IV members. This would create awareness and those who are afraid of meeting lawmakers would find a chance to do so. Once it create a momentum the group would be active to work on bigger issues.

    Great, if this bill gets passed it gives confidence we can do something. our voice shows strength and then more members would contribute, work on more action items etc..

    thats my thought. We have to constantly work on action plans under a good management leader.

    J thomas



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