puddonhead
05-22 09:47 AM
The terms "Active Trader", and "Active Investor" may sometimes denote two completely different things.
"Active Trader" (http://en.wikipedia.org/wiki/Active_trading) is one who does day trading. While this opens you up to a pandoras box of regulatory and compliance related stuff - which I would find to be too onerous as an individual - it is perfectly OK to do this in H1B from an immigration law standpoint.
The term "Active Investor" is sometimes used to refer an "Active Trader" - and at some other times loosely used in lieu of "Activist Investor" (http://en.wikipedia.org/wiki/Activist_investor). It is NOT OK for an H1B to be an activist investor.
"Active Trader" (http://en.wikipedia.org/wiki/Active_trading) is one who does day trading. While this opens you up to a pandoras box of regulatory and compliance related stuff - which I would find to be too onerous as an individual - it is perfectly OK to do this in H1B from an immigration law standpoint.
The term "Active Investor" is sometimes used to refer an "Active Trader" - and at some other times loosely used in lieu of "Activist Investor" (http://en.wikipedia.org/wiki/Activist_investor). It is NOT OK for an H1B to be an activist investor.
CreatedToday
02-11 05:55 PM
To lighten up the moment after March Visa bulletin holds no prospects...
http://thepinkchaddicampaign.blogspot.com/
http://thepinkchaddicampaign.blogspot.com/
freddy22
04-24 09:54 PM
yawn
waitforevergc
03-05 06:16 PM
Means the whole US is going to be screwed? FDIC is like our mother ship.
more...
moonrah
07-22 11:46 PM
Hi,
I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.
My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.
I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
My dilemma is:
With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.
With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.
Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.
I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.
My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.
I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
My dilemma is:
With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.
With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.
Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.
belmontboy
11-26 01:57 AM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.
Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.
Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.
more...
shx
09-29 04:55 PM
Thanks everyone for all the responses!
angelfire76
04-02 01:45 PM
What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.
Even working in IBM become something like a consulting job due to their change in business model. So how would the POE determine that somebody who's a "permanent" (is there such a thing in today's economy) employee is not actually into "consulting". Hey even McK guys are "consultants". I think the word you might be looking for is "salaried" employees.
Even working in IBM become something like a consulting job due to their change in business model. So how would the POE determine that somebody who's a "permanent" (is there such a thing in today's economy) employee is not actually into "consulting". Hey even McK guys are "consultants". I think the word you might be looking for is "salaried" employees.
more...
qualified_trash
10-17 07:31 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.
While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.
nixstor
09-06 10:21 PM
IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.
On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.
Am I feeding a troll? I guess..
On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.
Am I feeding a troll? I guess..
more...
dontcareanymore
10-21 05:20 PM
According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
Same source, but latest bulletin :
10/17/2008: I-140 Delays and USCIS Answers to Discrepancy in Processing Times Between Stand-alone I-140 and Concurrent Filing Cases
"
We will see what and when "significant" decrease in reduction will take place. We still feel that the reinstatement of premium processing services should hold an answer to part of the problems. However, the USCIS answer to this question is as follows: "USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS� capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140."
immiusa
06-16 10:44 AM
He needs to get his passport renew first.
more...
ronhira
04-17 05:57 PM
Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.
Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.
Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).
gop will not force piecemeal..... i heard that us chamber of commerce gives a lot of money to gop...... chamber of commerce wants cir..... they will oppose piecemeal if gop is in power.... maybe they already did oppose it the last time gop was in power......
repeated failures will not weaken cir coalition..... as it seems the coalition is getting stronger.....
my guess is after the election cycle is over..... they will do cir...... but there will be no piecemeal..... the sooner we understand this.... the better it will be for us.... & for those of us who wants to leave..... try taking the flight over the pacific becoz flights r not going out of europe for now....
trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.
Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.
Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).
gop will not force piecemeal..... i heard that us chamber of commerce gives a lot of money to gop...... chamber of commerce wants cir..... they will oppose piecemeal if gop is in power.... maybe they already did oppose it the last time gop was in power......
repeated failures will not weaken cir coalition..... as it seems the coalition is getting stronger.....
my guess is after the election cycle is over..... they will do cir...... but there will be no piecemeal..... the sooner we understand this.... the better it will be for us.... & for those of us who wants to leave..... try taking the flight over the pacific becoz flights r not going out of europe for now....
Better_Days
04-07 01:20 PM
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
more...
pd_recapturing
06-14 02:48 PM
If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?
jcrajput
10-16 04:20 PM
Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
more...
student79
03-27 11:00 AM
Thanks so much bajjuri77.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
pcs
09-22 02:07 PM
If you do not have all experience letters.... Give a notarized letter from someone you worked with with dates & brief job description. It is acceptable
Fightwithfate
03-15 10:08 AM
Your employer should contact VSC immediately using the contact channels set up for premium processing cases (I believe they have dedicated email addresses and telephone numbers for premium processing).
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
overseas
10-06 09:29 PM
irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
fromnaija
11-17 03:53 PM
Thank you for information
What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
Welcome to my world - EB3 ROW. You may file your I-140 now and wait until your priority date becomes current to file I-485. But EB3 ROW is currently retrogressed and unless a legislation is passed to bring relief, you may not be able to file I-485 until about 4 years from today.
Believe me you are not alone. My employers filed in EB3 for me even though I have a Bachelor plus 20 years of IT experience.
Another option is to find another employer and job that meets EB2 requirements. I am seriously considering that in my case.
What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.
Welcome to my world - EB3 ROW. You may file your I-140 now and wait until your priority date becomes current to file I-485. But EB3 ROW is currently retrogressed and unless a legislation is passed to bring relief, you may not be able to file I-485 until about 4 years from today.
Believe me you are not alone. My employers filed in EB3 for me even though I have a Bachelor plus 20 years of IT experience.
Another option is to find another employer and job that meets EB2 requirements. I am seriously considering that in my case.
No comments:
Post a Comment