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  • jthomas
    01-10 08:41 PM
    What are the options for a H1B holder when he/she gets laid off during this present economy?

    I voted as yes, I know my friends who had been laid off from work.

    J thomas





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  • dixie
    09-19 04:06 PM
    We should just be asking for relief on waiting times, ability to travel freely, and change jobs.

    Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.

    I do agree that increasing visa numbers does not make good PR for our cause.
    But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.

    However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.





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  • sledge_hammer
    05-15 02:18 PM
    At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.

    Any thoughts?





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  • apahilaj
    07-19 07:41 AM
    Hi Dazed, thanks for your response. I checked the filing instructions on 485 form and it does not mention I 134 form any where. I did not file this form since my lawyer never asked me to do so.

    Do you or anyone in this forum know, what happens to the application in that case, RFE, etc?

    Thanks again.



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  • coopheal
    11-26 03:11 PM
    I am contributing $100 monthly. I will contribute additional $100 for the rally.

    We are expecting our baby in March end so will not be able to come to DC.





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  • belmontboy
    04-10 03:30 PM
    source?



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  • Sakthisagar
    10-14 10:32 AM
    Source The OH law firm

    The Oh Law Firm (http://www.immigration-law.com/)


    10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?

    The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.





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  • Becks
    03-22 07:09 PM
    You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.

    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?



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  • ItIsNotFunny
    10-15 04:52 PM
    I understand this is not a valid thread to be in this forum. In past I have seen similar post(ex: "Is it a good time to buy house in India"), I would not have posted this today.

    There is no personal comment here. This is forum, people get together and talk. At least on this forum, we need to just keep in mind that the energy and concentration should be on immigration issues. The other post you mention is also equally wrong. Somehow most of the time this is voluntary action and its our responsibility to maintain this. By the way, investopedia is one the best sites.





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  • fide_champ
    06-25 02:28 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?



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  • tissac
    01-23 10:28 AM
    When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)

    >>>>>I also had to keep checking many times when trying to get and interview for my parents in native language. Then I read in some forum that they normally open the appointments Thursday late night or Friday early morning (US time) . I tried that and I got an appointment. Good Luck !!

    >>>>You can download and print the forms put you signature (since you did it on their behalf) and send it to your parents for their signature. They need to take these printouts for the interview.

    Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
    Will there be any problem in visa approval for parents

    >>>> In my case I had a valid stamp. But still I send the copy of my I-797 also. I don't think stamping is necessary. I-797 + new I-94 proves your status.

    Thomas





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  • NolaIndian32
    02-10 10:05 PM
    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck



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  • snathan
    03-29 11:38 AM
    Thanks all.
    I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.

    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.





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  • jsb
    10-30 04:01 PM
    I have future GC filed from Company X, the priority date is February 2006.
    I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is if I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
    What could be the implications?

    It is advisable if work at Y is significantly different than what is in LC filed at X. There is no other negative impact of that, other than filing fees. If Y is willing to file for your LC go for it. That way you are not restricted by rules of AC21. There is no limit on how many I-140 or LC's you can have.



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  • gcadream
    02-24 03:38 PM
    Hi Sakthisagar,

    So this time when you are going to apply in April for ur H1 extn, you will again be paying for H1 extn fees and H4 extn in case you have dependents ?

    Also one can file for H1 extn 1 week before his current H1 expiry date right ? without premium processing ?





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  • shishya
    09-27 02:19 AM
    AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).

    That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.

    My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.

    Have fun and BE SAFE!!!

    Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.

    Appreciate your advise of caution, will definitely keep that in mind.

    Thanks!



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  • stemcell
    09-27 12:18 PM
    Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.

    Appreciate your advise of caution, will definitely keep that in mind.

    Thanks!

    Any tips as to how you pick a stock would be welcome.
    Mostly for day trading do you do any technical analysis or is it mostly intuition?
    BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.





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  • pappu
    05-13 01:42 PM
    Does anyone have access to this article :
    http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
    It looks like favoring us ....

    this news site was members only to read the new article. could you copy and paste this article in the forums so that we all can read?





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  • cptbaseball
    05-14 02:27 PM
    Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.

    In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.

    However, please keep this mind (mentioned in that link)


    Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.

    Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .

    Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.





    ItIsNotFunny
    10-15 04:39 PM
    Guys,

    Lets not repeat this type of threads. We recently had to ban ScratchingHead for similar type of threads. This diverts attention and energy. There are other money related forums and communities available.





    ItIsNotFunny
    10-15 04:52 PM
    I understand this is not a valid thread to be in this forum. In past I have seen similar post(ex: "Is it a good time to buy house in India"), I would not have posted this today.

    There is no personal comment here. This is forum, people get together and talk. At least on this forum, we need to just keep in mind that the energy and concentration should be on immigration issues. The other post you mention is also equally wrong. Somehow most of the time this is voluntary action and its our responsibility to maintain this. By the way, investopedia is one the best sites.



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