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
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reddyram
07-18 12:46 PM
First of consult some American Lawyer who is close to labor law , because even lawyers act at times with some point of interest , which need not be yours . There is no such thing as a "bond" in US ( Unless you are on L1 ) so to BOMK , you are fine.
pardesh
11-19 01:06 PM
This was the our Immigration Lawyer's response:
AP is valid for multiple entries. Generally you receive three
original approval notices. When you reenter the U.S., the officer will
sometimes keep one of the originals, but you will still have two others
to use on future trips. Occasionally, the officer will stamp the AP and
then return it to you to use again, but if he keeps the original,
there's not much you can do about it. If all the originals have been
used, then you will need to file for another AP for future trips.
AP is valid for multiple entries. Generally you receive three
original approval notices. When you reenter the U.S., the officer will
sometimes keep one of the originals, but you will still have two others
to use on future trips. Occasionally, the officer will stamp the AP and
then return it to you to use again, but if he keeps the original,
there's not much you can do about it. If all the originals have been
used, then you will need to file for another AP for future trips.
2011 Miss you Mom .
uslegals
09-17 01:51 PM
Spoly - Stop crying like a baby & show up for rally and then see how ur life changes..! If u think IV does not care about immigration reform - you got another comin'..!! Wake up & smell the coffee pal.! We all are IV..!! So who is the YOU that u are referring to in ur post.!
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hibworker
03-28 01:30 PM
Can anyone please respond? What should I do?
You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.
You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.
paskal
07-08 09:43 PM
i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.
btw it;s a good question for iv-physicians, are you part of that group? see my signature.
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.
btw it;s a good question for iv-physicians, are you part of that group? see my signature.
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thomachan72
09-13 12:02 PM
I appreciate the original post. I also request the moderators to come up IMMEDIATELY with strict rules and regulations for posting on this website. Posts that go against the principles that IV stands for should be IMMEDIATELY deleted. We dont need such posts here. This is not about EB3 or EB2. Given that the backlog for EB3 is bigger than EB2 we are seeing great deal of frustration among our folks but we have to approach this issue carefully. The question is, have we specifically aimed at getting anything for any spefic catagory? the answer is NO. I believe most of the administrators including pappu and previous guys were EB3. whether a person applies in EB3 or EB2 depends entirely on the job specifications and not the qualifications also since lot of the software jobs currently fall under specifications for EB3 we are seeing lot more applicants in EB3. I however believe that once we get through the next couple of years there is certainly going to be a faster movement in all catagories. Meanwhile we have to stand united and not allow FALSE prophets to post hate on this site. The poster you are refering to is CLEARLY A COMPLETE FRAUD. look at his/her language and how many of our members have you ever noticed to use such language. Even our most angry members never use such words so ELOQUENTLY!!! He/she is apparently a person who has lost a job and is angry about immigration as a whole and takes pride in posting such material on immigration related websites. So our members should immediately take notice of such posts and either ignore them or report them to the moderators.
2010 I Miss You, Mom .
kanshul
04-23 09:48 AM
Also remember that the client may not be happy with the small consulting firm who is threatning...
Do you have a middle layer (preferred vendor)? Does your employer have other working on the client site? In either case the employer faces serious possiblity of losing businesss in the future.
Talk to your client manager and I can assure you that no court will hold your employer's reasoning as valid.
What state are you in? In NJ your employer is not even considered an employer but an employmend agency so no non compete holds...
Do you have a middle layer (preferred vendor)? Does your employer have other working on the client site? In either case the employer faces serious possiblity of losing businesss in the future.
Talk to your client manager and I can assure you that no court will hold your employer's reasoning as valid.
What state are you in? In NJ your employer is not even considered an employer but an employmend agency so no non compete holds...
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needhelp!
09-16 03:01 PM
DH called and said he did it too!! YAAAAYYY Its my lucky day.. He is now officially initiated into IV.
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Beta_mle
02-20 12:58 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
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satishku_2000
02-21 02:34 PM
In last report at Nebraska service center they were processing I 140 EB3 cases with receipt date of June 13th, Now they are processing applications with receipt date of Aug 02nd ...
That sounds like a very good movement and unbeleivable...
That sounds like a very good movement and unbeleivable...
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Green_Always
02-01 05:17 PM
Enjoy !!
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BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
tattoo Miss you mom.
frostrated
10-26 01:41 PM
Is there is any way can we see the data.
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
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pictures miss you mom
desih1b
05-01 10:17 AM
I think you can file a new LC with new employer and recapture the old LC priority date or if the previous 140 is still valid (not revoked) you can file for I485 using that 140 with that employer.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
dresses original mother#39;s day song
ab2k7
07-07 03:34 PM
Thanks map boiler for your pointer which led me to a random job ad having the same language
www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?job_did=J3F5MH5VP06PTJ168PR
"Job is in Jackson, MS. May work at one or more unanticipated locations."
I guess you are referring to the same.
I'll check with my attorney. Is it possible to know about the original job ad used for LC or is it also mentioned in the approved LC?
It intrigues me that there are not many members here in a similar situation i.e consultants moving to new city/state while continuing GC process. Or may be the response is not much as this part of the forum is not accessed much by many members.
Thanks in advance for any one else facing/know a similar situation first hand that chimes in. :)
www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?job_did=J3F5MH5VP06PTJ168PR
"Job is in Jackson, MS. May work at one or more unanticipated locations."
I guess you are referring to the same.
I'll check with my attorney. Is it possible to know about the original job ad used for LC or is it also mentioned in the approved LC?
It intrigues me that there are not many members here in a similar situation i.e consultants moving to new city/state while continuing GC process. Or may be the response is not much as this part of the forum is not accessed much by many members.
Thanks in advance for any one else facing/know a similar situation first hand that chimes in. :)
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msp1976
02-09 03:59 PM
All non-Indian members....
At present India is the most retrogressed country...This is just an attempt to gauge the extent of retrogression....
This poll does not imply that you are not valuable and your concerns are not cared for...
At present India is the most retrogressed country...This is just an attempt to gauge the extent of retrogression....
This poll does not imply that you are not valuable and your concerns are not cared for...
girlfriend Miss you Mom by ~VisasMarr
MYGCBY2010
11-09 10:39 AM
Do not worry about RFE on AP. I was and am in the same situation (NSC->CSC->TSC) . ND was Sep 19; got my EAD; RFE on AP (for me & flmy) & no FP. RFE was asking to submit all copies of I-94's ever issued to be, proof of relationship (birth , marriage cert). Yest , on the website saw that our AP was approved :D.
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...
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sledge_hammer
05-14 05:57 PM
^^^^
snowshoe
11-15 08:28 AM
We (3 of us from the PA state chapter) had a meeting with Congressman Joe Sastak's office staff in Media, PA.
The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.
She recommended that we should meet the office staff in DC since they handle issues related to legislations.
The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.
She recommended that we should meet the office staff in DC since they handle issues related to legislations.
FinalGC
02-17 09:20 PM
I believe the spillover will come from ROW EB3
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