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  • chanduv23
    04-28 08:49 PM
    AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.

    Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.

    In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.

    I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.

    Well, 485 denials on ac21 where 140 was revoked has always been happening.
    Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.





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  • GCBy3000
    04-20 08:48 PM
    I know out of 3000 members, atleast 2500 would be looking at some forums in this site and posting some messages. WHy dont we show some single, double, triple,... up to 5 stars next to the username based on the contributions.

    up to 10$ one star,
    up to 50$ 2 stars,
    up to 100$ 3 starts,
    500 4 stars
    more than 500 5 stars,

    Atleast this will motivate(I should not say this), but will have some effect and will make those guys to contribute.





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  • smisachu
    01-23 08:57 PM
    good thread. I do little bit of trading myself from a personal brokerage account and made some pocket change (few hundreds by trading commodity ETFs) recently. in layman terms, can u explain wht do u mean by ' US natural gas market is in contango' .

    First of all note that the original post was alomst year and a half old so dont go by the ideas there now :D

    In commodity markets you trade futures and spot. Spot means immidate delivery of the under lying commodity. In futures you pay today for delivery at a future date. So typically the price of the future will be the price of spot + the storage charge (simple calculation to give you an idea considering no premiums). As the day of delivery approaches the price will pull to spot price. For example if west texas intermediate (WTI) crude is $92 spot price the 3 month future will be $100. (92+8 for storage). Considering that the spot price does not change at all, in three months time the price of the oil you will now be purchasing will be $92, but you paid $100 for it. This is backwardation. This is usually how markets are most of the time.

    Now if in 3 months the price of WTI is trading at $110, you will own oil you paid $100 for and now can turn around and sell for $110. This is contango.

    When you buy a commodity ETF, they dont take actual delivery of the product, they roll their contarcts. So they will hold a 3 month contarct and when the third month approaches they sell the contarct and get another 3 month contaract. If market is in backwardation then they will always be buying high and selling low. If market is in contango they will make money but as soon as it switches back to backwardation they will ride down the slide and loose all the money they made. So I dont think ETF's are agood way of making money in commodities passively. You can actively manage the ETF portfolio and make money using options and hedges and leveraged ETF's. But buy and hold, I suggest go and invest with a CTA who will be trading rule based to negate the effects of contango and backwardation.

    Hope this is simple enough:)





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  • Openarms
    06-20 01:31 PM
    sunilbhai, which insurance you bought?

    I had been researching this entire week. Well, I haven't found any company so far from anywhere that has actually covered pre-existing conditions for visitors to United States.

    Therefore, I believe that visitors insurance would help in case of any new medical conditions, or injuries that were to occur after buying the policy. Insurance is really not for pre-existing conditions. (Someone gave me a couple of examples, would you really get house insurance after the house is on fire? Or car insurance after you had a car crash?) I think that regarding pre-existing conditions, we are on our own. I think that we need to take that risk ourselves if we want to invite someone with pre-existing conditions as no one else will take away our headache so that we can safely invite our parents. Being from Bania community, I know for sure that no company will do business in loss by really covering pre-existing conditions, even if emergency.

    For now, I have purchased comprehensive coverage from US based company and I hope for the best.



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  • stuckinmuck
    05-24 01:38 PM
    Does this amendment strictly apply to new H1B filings or will it also impact people with H1B and an approved I-140 but need to extend it due to retrogression?

    Regarding the exodus, maybe that is their purpose. Maybe, they have enough
    hi-tech workers and they don't need more. I guess we need to watch and wait and accept this as a reality.





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  • chanduv23
    12-08 11:11 AM
    excellent stuff - everyone must send their stories. Kudos to this thread starter - please keep this thread on top.

    Mods - can we hardwire this thread?



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  • smartboy75
    06-03 12:17 PM
    Sree

    When one switch employers using H1 transfer, the previous employer has to notify USCIS that you are no longer employed with them. The soft LUD's that you are seeing is a result of USCIS going back to the old employers and confirming that you are indeed not working with them...

    Its just a procedural thing and nothing to worry about....





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  • BMS1
    11-09 04:07 PM
    H1-B has the following advantages under certain conditions.

    1) If you are not yet married, you dump H1 and you are dumping the ability to bring your future wife to US immediately after marriage.

    2) Some states give driving licenses that is valid until the EAD expiry or H1-B I-94 expiry. With H1-B, your hassle of DL renewal is reduced to one third of EAD based.



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  • piyu7444
    05-12 11:10 PM
    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.

    Nitin

    Nitin

    USCIS has a format which needs to be followed to get a GC. We all know that how much they follow the format/procedure and how much they screw people from India/China (mostly Indians)

    There is no set goal to be just in a WESTERN Country but there is an option to be in US (or for argument UK AUS etc) but that is an option. No one forces us to be here or to be anywhere.........Arn't we here by choice?

    I am now sick of hearing about the fraud on h1b. If 20 people out of 100 are like bad apples does that gives USCIS the right to screw people from that country for GC. What is the relationship here? Why all Indians have to suffer due to some pathetic people? Why do we GENERALISE such things?

    Not defending any of those people but if someone KNOWS S/W testing and that person is skilled in it why cant that person work? Just the damn degree does not gives anything, one needs real work knowledge.

    Could write more but I guess I m done with this post....





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  • v2neha
    01-30 05:45 PM
    Looks like the question numbers are changing very frequently - when I voted they were questions 11 and 38. Please pay attention to text and not question numbers when voting



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  • garamchai2go
    12-13 10:17 PM
    Hi

    My wife appeared for Visa interview on 6th and yet to receive the passport. we booked tickets for this weekend and seems we have to reschedule. I sent a mail to NIV and no response as of now.This is of concern. can anyone tell me about the normal turnaround time for H4 Visas these days?

    Suresh

    I just got hold of one of the consulate staff and she told me that they are having some problem with PIMS database for background check and there is delay in processing passports. The lady I spoke assured me that, latest by Mon/Teusday of next week, we can expect passport. I will try to reach vfs in the evening and see what they say..

    consulate number to reach 91-44-2811-2000 and ask to connect to visa section





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  • pa_arora
    01-31 02:03 PM
    i had 25 of my friends voted for it and now its on number 3 and 11 respectively.

    WOOOO HOOOO.
    running around to have more peoplr vote for it...

    make it number 1 guys.



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  • kubmilegaGC
    09-14 11:28 PM
    where is the poll at?

    We were approved on 9/2.
    Had opened an SR on 8/25 and had sent an email to TSC streamline on 9/1

    @sdr..can you please let us know did you mention in that email or what is "TSC Streamline" email.. Does NSC has something like that?

    Thanks,





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  • leoindiano
    10-30 10:01 AM
    caliguy,

    I am in same boat as you.

    2 i-140's approved with same company, both are EB2, one is RIR one is PERM.

    PERM one had Jan 2006 PD where my RIR had Nov 2004.

    I-485 was applied using Nov 2004. USCIS may be looking at other one and thinking PD is not current. What a mess.



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  • chanduv23
    04-28 08:49 PM
    AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.

    Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.

    In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.

    I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.

    Well, 485 denials on ac21 where 140 was revoked has always been happening.
    Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.





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  • July2007
    07-19 09:23 AM
    PD: EB2 Aug 2006 China
    Date Delivered To USCIS: July 2
    Rejected: Dont Know



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  • Administrator2
    09-25 03:23 PM
    Juist to prove the original posters point about IV being intolerant about different points of view and the trigger happy attitude of some members about giving a red dots just because someone else speaks his point of view - I got a very personal and abusive remark with a red dot just for my post above. Not that I really care about Red or Green dots. My GC journey is over. This forum helped me a great deal when I was waiting for my GC. Now I am hear to help others with what I know in their GC pursuit and help with any on going action items. Just wish some members here would grow up and learn to live and let live! :)

    Thank you Lasantha for bringing up the issue of abusive remarks. We take this matter very seriously and we do our best to disclose the information of the member who leaves abusive remark. Since you posted about abusive remark, we looked at the remarks posted for you. Here are the remarks left for you in last 1 month. We are not sure which of these remarks are abusive. Kindly excuse us as I personally do not know the meaning of abbreviations MRN or pos. But your help in pointing to the abusive remark will be very helpful.



    Lasantha 10:31, 25th Sep 2008 -152 Simple. Though I had PD 3 years earlier than you I am still waiting for my GC and I am pretty sure it will take more than 2 yrs. Just becuase ur ROW u dont deserve an early GC. Grow up MRN.
    Lasantha 11:25, 25th Sep 2008 50
    Lasantha 14:58, 25th Sep 2008 -46 you are row pos
    Lasantha 15:04, 25th Sep 2008 188 ignore the reds
    Lasantha 15:06, 25th Sep 2008 37
    Lasantha 15:06, 25th Sep 2008 223 I strongly agree with your views, I appreciate your posts, you always post sensible messages. Here is my green to undo the red
    Lasantha 16:11, 25th Sep 2008 0 As you do not care take one more.





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  • GCwaitforever
    06-07 12:27 PM
    So you guys are saying that because you are on a H1B you are working harder than others? Let me tell you that working hard does not guarantee your job. I have seen hard workers laid off left and right, be it US citizens, green card holders or H1Bs. In fact one of my GC friends said that it is a constant fear for him to be employed at all times, he was unemployed for 10 months after the dot com bust. That changed him completely, he said what will I do with my GC, can I feed my kids with a GC? I need a job. So it is everyone's perspective. I look at him and say at least you have a GC, he says at least you have a job. :)

    Probably most of you are aware of these things. So, let me say this advice is for newbies in the job. Lay-offs are done for business reasons and cost considerations. An American friend of mine lost his managerial job after 18 years of loyalty and experience. Company did not see the reason to continue to be in that business and the entire division related to the business was laid off. So working hard is good. Definitely a deserved trait. Do it for self-satisfaction, but not out of fear of loosing the job. At the same time, we should not be cloistered within the company working long hours. There are other things imprtant in life apart from the eight hours we spend at the office. I tend to my hobbies to keep my sanity after work. I look out for business indicators/news regarding how my company is doing. Good financial planning mandates savings around 6-12 months of living expenses which would lessen the impact of lay-off.;)





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  • paskal
    07-17 08:39 PM
    Thanks for the response PASCAL. However I still do not understand why IV is not encouraging everyone to send faxes and register their support via the AILA site. As I have understood AILA has been a leader in this effort for immigration {see July 2007}. If you are trying to say that the interests of AILA and IV are not exactly the same - that is to be expected - no 2 organizations can ever be the same - BUT - surely we can come together to form and pursue some strategic interests. I see that with regard to these bills IV and AILA interests meet. Further if readers @ IV send messages via AILA Action Alert then IV resources can be saved to follow the path that you have described above.

    Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.

    Regards!

    Raji



    Sorry you do not understand- I really cannot do better right now. Sometimes you just have to accept things! It's not that we do not coordinate or associate with AILA. We do.
    The issue here is very specific, both pappu and I have told you what we think and attempted to explain why we do not want to invest resources in a specific action you suggested. Given that I can't spend the hours needed to explain the last few years of work and experience on this issue, I doubt this discussion will go anywhere. Feel free to send the fax. Just accept that we are not going to promote this as a mass action right now for many reasons. Peace!





    forever_waiting
    04-22 07:59 PM
    Nope. You are misunderstanding the point again.
    The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
    You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.

    There are far too many points here to address at one go. Let me touch upon this for starters:

    The Article 1, Section 8 has this clause, regarding the power of congress:

    Clause 4: To establish an uniform Rule of Naturalization

    Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
    No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?


    More later ..





    trueguy
    12-17 02:31 AM
    Guys, Plz vote