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  • geofu54
    07-15 02:27 AM
    Long time lurker signed (with a message) :)

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  • Ramba
    11-13 05:35 PM
    Hi Indyanguy,

    This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
    I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
    Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?

    Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?

    Please provide genuine answers.
    These answers will BENEFIT many people.

    Thanks in advance.

    In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.

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  • smisachu
    07-31 12:54 PM
    I quite do not get what you are asking. You want to know if buying a call on an ETF that has had a drawdown with an expiration of less than 15 days will be profitable?

    There are various option strategies and I usually trade spreads as the most basic strategy. I rarely if ever buy just calls that too with such low theta (<15 days). I usually trade 4 legged spreads like the butterfly, iron condor or at least bull/bear calls/puts.
    Most of the time I am long vol (vega) with a strip strap or straddle. Sometimes I am short vega but hedge it with an exotic like a digital, or binary on the vix. I always go for optimal delta hedge and often construct synthetics. Never plain vanilla calls and puts unless I am hedging something else in a different universe with an option.

    If you can explain better what your strategy is I can make comments. If possible clearly state the greeks on the strategy so I can visualize it.

    smisachu and other gursus,

    wonder if you guys have found any good trading strategy using options.

    having you tried doing system development.

    something as simple as buying etfs when rsi2 is below 2 or in other words its beaten down and you are expecting a turnaround.

    would like to know if playing options on such short term( 1to 5 days) would generate profitabloe results or not.

    do you guys mind sharing some ideas

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  • learning01
    02-01 07:07 PM
    (Gavel noise * 3)


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  • sobers
    06-07 10:31 AM
    well said should write an op-ed somewhere using this info....

    And if you personalize this a it, you could do a powerful piece like Karen Rives from the Charlotte News & Observer.
    Our lives were in the hands of tired officers...

    Or like the two folks who wrote this piece in the Pittsburg Post Gazette
    Private Sector: 'Legal immigration' doesn't work
    Our laws are convoluted and dysfunctional and need to be changed....

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  • storm
    08-24 07:32 PM
    There you go! Thanks Immigration_Law!


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  • gc_on_demand
    06-13 10:40 AM
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  • chaanakya
    08-14 02:00 AM
    @SC3....Thank you for actually saying something that is productive to a discussion ( are an idiot and it is quite obvious from what you had to say, which was absolutely pointless) I am NOT claiming to be lucky or more qualified. Like you said, some people suffered through BEC and LC's that took ages. Then along came PERM and suddenly people saw approvals in a matter of months. My PERM got approved in less than 30 days whereas my 3 year senior colleague had to wait for a total of 4 years to get his LC (his qualifications, designation all higher than mine) what is the point of this rules lead to new games.

    All this lamenting on this website is sad because it gives many people false hopes. All I am saying is that QUIT CRYING and JUMP into ACTION !!! No, not the action where you write letters and make phone calls and hope for the "magic email".....I am talking action in terms of get a new skill set, go to evening law school, think about shoving it up the system if need it (ie port your PD !! but please do not wait HOPING for IV or anyone else to do anything !!)

    Do a comparative analysis of immigration and opportunities in europe. Find out about compensation, health benefits, retirement, education benefits in other countries.



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  • GotGC??
    01-30 01:16 PM
    I remember the interim rule saying that:
    - the process of labor substitution itself will be eliminated
    - I-140 applications based on approved LCs (now, only in your name only) need to be applied within 45-days of LC's approval.

    Does someone have the (official) link to this news that DOL has submitted this rule to OMB.

    No, 45 days condition is not for "to file 140 within 45 days of labor approval"
    But it is for the company to substitute the LC for some other employee within 45 days.

    There is no time limit set to file I-140 for the employee for whom the LC was issued.

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  • vbkris77
    03-10 04:54 PM
    In my view, it is too good to be true. But we have no way to challenge the numbers either. But it is 50% of the entire EB pending cases. Is this document authentic?? I don't see the logo on the letterhead??


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  • nlssubbu
    11-09 07:24 PM
    Pros of using H1B:

    1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
    2. You can bring your spouse / dependents using H4
    3. Getting Driving License renewal up to the duration of H1 is not a problem.
    4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
    5. EAD renewal every year is expensive and can save money!

    Pros of using EAD:
    1. Can get a job where the company is not willing to sponsor.
    2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
    3. Can change companies without any documentation using AC21. [USCIS don’t ask don’t tell policy?]

    Please add in appropriate category, if I missed any information.

    My 2 cents!

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  • gc28262
    11-02 11:43 PM
    Let us give a send off to the guy who started this thread.

    If he is a GC aspirant he doesn't deserve it.

    If he is an anti-immigrant, he doesn't deserve to be in this country. He is here by accident. ( birth)


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  • smisachu
    12-23 03:32 PM
    Your attorneys are right. There is not much advantage. Only gray area is the duration between the expiry of your I94 based on AP and the actual renewal of your H1. But many people have been through this and they renew with out any problem.

    Another issue is the requirement of some eurpean countries for a Transit visa if you dont have the visa stamped. If you plant to travel frequently, this adds up to quite some money and hassel. I had to get VAT for France and cost me $180 for myself and wife. But apart from this one issue, using AP is clearly easy and a good alternative as you can also maintain H1. I am giving it a strong consideration and will decide if I should cancel my Visa appointment. Will see more feedback and decide.

    About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.

    Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.

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  • obviously
    05-24 03:14 PM
    Aha! Got your attention, didnt it? Shut the Frog Up, its croaking all night...

    Folks, the admins have top quality counsel that is out there to help us help them effect changes that we all desire. This is NOT the time or place for armchair experts and critics to question or second-guess strategies and tactics.

    Enough is enough. Shut the frog up if its croaking too loudly in your brain. Dont use your 'grey cells' to bring your 'artificial intelligence' to this conversation. Enough is enough. Just do what the experts ask us to do.

    Reason 'high skilled' immigrants are struggling to get things passed, we think too much. Exactly. Keep things simple. Follow the recipes. You will get the results.

    So, enough is enough. Stop second guessing or bringing your debating skills and analysis skills to an area where you have no expertise or context.

    Thanks for listening. Now, lets BECOME SIMPLE FOLLOWERS for a change. Change will happen.

    Wanna debate? Speak to your b'room mirror and entertain yourself. Dont bring it here and cause confusion.

    Catch my drift?


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  • gsc999
    07-11 06:47 PM
    Did you guys alert Lofgren's office about this?

    (408) 271-8700
    I won't like to take names on public forum of the Congress members we have/will approach. But to answer you question, we are taking all necessary steps to make this walk a success. Also, the measure of success will be a large turn-out by legals to protest, which in itself is unprecedented. We won't like to marry the success of this protest with the presence of any particular Congress member or Senator at this time. The bottomline is, media coverage for our issue.

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  • whiteStallion
    07-02 05:53 PM
    [QUOTE=Humhongekamyab;259619]Buddy when I was talking about illegals I was not talking about IT jobs or desi employers though I know desi's run lots of other businesses like grocery store, resturants, which required non-professional workers.

    Glad you reminded me of this one guy I knew once... Sorry for the digression... This person was well settled in India...he had his own business(non IT) in India...then the US bug bit him... He spent his money and got his H1(he belongs to a particular Indian state)...came to US with his family...ofcourse he did not have any IT skills... so after coming here he was working as a Grocery shop manager owned by a Desi guy... still on H1B.

    Again sorry for the digression but sometimes the relationship between Grocery stores and EB Immigrants may not be that far ;)


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  • akhilmahajan
    04-28 04:26 PM
    Its a law and if one follows it, there is nothing wrong in it.

    As Chandu has mentioned, lets not interpret it the way we want. Its a law, and it gives us the option to have some kind of liberty. If you have not done anything wrong, and have followed the law, eventually everything will fall in place. Although during this journey we will have to face some tough challenges but in the end we will win it.

    So, lets all get together in getting ourselves heard.

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  • mundada
    07-18 05:29 PM
    IV now has clout which should be immediately used for a permanent fix. Two issues which might not require laws being passed can be implemented to ease the backlog situation that will be created.

    1. Recapture lost Visa numbers- A just and reasonable demand that they cannot refuse.
    2. Remove per country cap- It is stupid to look for diversity in a category based on intellect. The whole category is created for improving America's brain power so a country cap does not make sense.

    Which is better to say" We want 10 people with OK intellect from 10 different countries of the world" or " We want 10 absolutely brilliant people-period"
    If a country has more than 10,000 qualified people then approx. 10 of them will be super intelligent! This has to be true. In addition diversity adds to different ways of thinking and is the reason for soft quota for MBA admissions. Hence, diversity quota will be there. The only thing we could ask for to assign diversity score for each country. For example, India with 2000 languages is very diverse compared to other country say Iraq. Hence every country should be allocated quota based on their diversity score.

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  • gsc999
    07-11 01:44 AM
    What do you guys think, should we get some flowers at the San Jose rally too and give them out to the supporters?

    That will display continuity of thought with our flower campaign and weave that into the peaceful protest.

    03-22 05:15 PM
    AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
    Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.

    Don't assume things and come up with your own theories and scare people. The entire AC21 law is basically dealing with portability at different stages for long delayed applicants.

    06-10 08:58 AM
    I don't really care....unless there is a K-award for it...haha :lol: