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Saturday, June 25, 2011

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  • gc_chahiye
    11-01 02:14 PM
    Any idea why it's important for the attorneys to notify USCIS that I'm no longer a H worker? The petition would expire next March anyway...

    Its a USCIS regulation (8 CFR 214 2 (h) 11) that your employer/lawyers are following, which requires informing USCIS if you are no longer working in H1B status for any reason (got a GC, layoff etc):

    (11) Revocation of approval of petition--

    (i) General.

    (A) The petitioner shall immediately notify the Service of any changes in the terms and conditions of employment of a beneficiary which may affect eligibility under section 101(a)(15)(H) of the Act and paragraph (h) of this section. An amended petition on Form I-129 should be filed when the petitioner continues to employ the beneficiary. If the petitioner no longer employs the beneficiary, the petitioner shall send a letter explaining the change(s) to the director who approved the petition.|SLB&s_fieldSearch=foliodestination|8cfrsec2142h11&s_type=all&hash=0-0-0-12391

    If that link does not work you can find the CFR here: 455
    and dig through to the regulation.

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  • smodekurti
    10-14 09:49 AM
    Hi All,

    You know my old H1B case was reopened on Sept. 28, and the USCIS Emailed me that they sent a notice. But I haven't received such notice, my employer/attorney also didn't receive any notice. I wonder the USCIS didn't send this notice at all!
    The best way to find out the reason for reopening is to call USCIS. But since this is a I129 petition only the employer or the attorney can get any information since USCIS will not disclose any such information to the beneficiary. If the previous employer agrees to call USCIS, things will be clear.

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  • GCwaitforever
    03-13 09:59 AM
    Defintely good news. Now that namecheck problem is gone, we see bit of movement.

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  • canleo98
    07-26 11:09 PM
    My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.

    I guess I feel more and more hopeless by each second/minute

    My PERM application (5/28/07 PD) stuck at Atlanta
    In meantime I asked my lawyer what my employer would need to get for me (my employer has been a major pain and slow beyond words...took years to get PERm going...i'm seriously just done/depressed with so much). My lawyer said they would need to provide 2006 tax docs and sign bunch of papers etc.

    Checked with's an average work place...must have 100 employees i think....and i'm told by HR (this woman in charge seriously has some stuff against me...i don't know) that they don't have 2006 returns, just 2005...come on a legal place like them has to have filed 2006 return.... but this is what i'm told..

    I guess what's the point...without those docs, which i assume are initial evidence, i have no hope....

    me...really sad....


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  • grupak
    06-11 10:21 AM
    We have 3 bills!

    Thanks IV.

    We need to make the call and make it a success.

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  • jaihind
    01-18 09:28 PM
    We have to fight discrimination in any form. While we are for enforcement of law - arbitrary interpretation has to be fought.


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  • easygoer
    05-26 06:17 PM
    Salient features of Bill: S.1085

    After analyzing this bill, I found the following:

    1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.

    2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.

    3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.

    4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.

    What makes this bill much more interesting is:

    1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.

    2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).

    Complete Text of this Bill:

    Thanks realizeit to present simple format.

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  • gjoe
    10-28 07:19 PM
    I am a registered member not contributing financially so far. I beliefs are as fake as "reverse brain drain". I am neither fake nor anti immigrant. I am not a citizen of the USA nor a permanent member to be anti immigrant. But I always like to try and see if I can walk a mile in their shoes before making tall claims about anything. I beleive the USA govt will really stop the reverse brain drain if it is that big an issue for them without even we trying to tell them.

    Are you going back to your home country?
    If yes, let us all know when?
    Please also post your name and address and we will all come for your farewell party or organize it for you We will also invite media to record it. Once you do it, a lot of people may follow you as an example. But we need someone to start. No better person than you who came up with this idea.
    How does that sound as an idea?

    BTW I fully believe that you are a fake member. Only fake members or anti-immigrants with fake emails and incomplete profiles post use useless threads. The reason is that they are scared. I hope you are none of those.


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  • sheela
    01-31 07:02 PM
    Just voted. Q is currently at #71

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  • cowboy
    07-18 01:55 PM


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  • coldcloud
    03-29 10:13 AM
    Shared on my Facebook page.

    Freinds, Its easy to share from Pappu's post. Just use bookmark at the bottom of the post and it will give you options to pick.

    Thanks, this was useful.

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  • smisachu
    08-01 05:34 PM
    Hi smisachu,

    Could you explain what you mean by this? Are you referring to "Flash Trading"
    or the whole of HFT?

    Yes Flash trading, ELP (enhanced liquidity program), direct access trading and even other program trading. The programs seek out discreet blocks that are being routed into the market and front run them. The main culprit according to many is GS. And to acheive a significant alpha the size and leverage are huge. Some program with a bug will dump a lot of shares on the market some day and before any one can react. Here is an article on some info that was made available only to bloomberg users.

    "Lime Brokerage: "The Next 'Long Term Capital' Meltdown Will Happen In
    A Five-Minute Time Period."

    Posted by Tyler Durden at 11:25 AM
    A recent Bloomberg piece that for some reason was made available only
    to terminal subscribers, provides a very interesting discussion on the
    dangers of sponsored access, how the associated pre-trade vs post-
    trade monitoring deliberations by "regulators" will influence short
    selling curbs, and not surprisingly, the desire by Goldman to not only
    dominate this yet another aspect of high-frequency trading, but to
    dictate market policy at will.
    What is sponsored access:

    In sponsored access, a broker-dealer lends its market participation
    identification (MPID) number to clients for them to trade on exchanges
    without going through the broker's trading system, to avoid slowing
    down the execution. That places responsibility on the broker-dealer to
    make sure the participant abides by securities regulations, and that
    its trading, which can involve hundreds or thousands of orders a
    second, does not run amok.

    Is it thus surprising, that none other than Goldman Sachs is muscling
    its way into providing not only a sponsored access platform to its
    clients, but a new form of sponsored access that needs the blessing of

    Wall Street heavyweight Goldman Sachs, now launching its own sponsored-
    access service to lend clients its identification to access securities
    exchanges directly, said last week it favors monitoring client orders
    prior to execution.

    "Our view is that there is a real need for pre-trade checks in the use
    of sponsored access to fulfill [broker-dealers'] regulatory
    responsibilities," said Greg Tusar, managing director at Goldman.

    Goldman's stand in favor of pre-trade instead of post-trade monitoring
    of sponsored clients' activity is one side of a debate in which
    regulators may choose a middle ground. The regulators' decision on how
    to monitor sponsored access may also influence their deliberations on
    restricting short sales.

    What is the difference between pre-trade and post-trade monitoring? In


    Compliant with Reg SHO
    Nip problems before they happen
    View activity across exchanges


    Faster order executions
    Pre-trade systems still fallible
    And another tidbit:

    In traditional sponsored-access arrangements, a broker-dealer
    determines a client's suitability to access market centers directly
    and then allows the client to trade without monitoring its individual
    orders prior to execution.

    In other words, the Goldman endorsed pre-trade approach will allow
    "monitoring of individual orders prior to execution." Whether or not
    pre-trade checks provide the capacity to observe not just wholesale
    exchange activity in the context of sponsored access but from a much
    broader market angle is a discussion for another time, although this
    could be one place where Sergey Aleynikov could shed an infinite
    amount of light, especially as pertains to Goldman's sponsored-access
    service. Conveniently, his gag order will prevent him from saying much
    if anything until such time as there is an appetizing settlement to
    keep him gagged in perpetuity. The bottom line is that with a pre-
    trade environment, the sponsored access providers will be able to have
    the potential to front run all those who use their platforms. The
    residual question of how far they go to comply with regulations to
    prevent this from happening, and remain true to their ethics standards
    is also a topic for another day.

    Going back to the topic at hand. Here is why sponsored access could
    easily be quite a bother to capital markets sooner rather than later:

    Unchecked errors or unintended repeat orders could deplete broker-
    dealers' capital, and potentially wreak havoc in the broader market.
    Concerns have arisen, however, about whether all broker-dealers are
    able to fulfill that duty in today's electronic trading environment,
    and according to which standards.

    And here Goldman chimes in to not only promote their proposed
    architecture but to expound on the virtues of pre-trade checking.

    "In the case of high-frequency trading, in particular guarding against
    technology failures, oversized orders and other situations where
    there's potentially systemic market impact, we believe strongly that
    pre-trade checks are a prerequisite," Tusar says.

    Nasdaq's proposal as well as Securities and Exchange Commission
    officials' speeches a few months ago appeared to lean toward
    bolstering the traditional approach.

    "We don't believe that's strong enough or what the regulators want
    now, because of the potentially dire consequences, and because we-as
    broker-dealers-bear much of that risk," Tusar says.

    Now the reason why this is very relevant in the context of not just
    potential front running, but also market structure is that Regulation
    SHO, which is the primary regulatory framework for short selling (and
    the purvey of potential Uptick Rule reinstatement, which will happen
    once the market is allowed to hit a bid) is a post-trade

    Wedbush [Morgan] routinely tests clients' systems to ensure they are
    compliant with Reg SHO. In addition, he says, the brokerage sets
    limits on clients available locates-as well as credit and trading
    limits--before the start of each trading day that its system tracks,
    prohibiting shorts without locates and providing a type of pre-trade

    Or as has recently become the case, seeing rolling buy ins in the
    middle of the day as borrowable shares in even the most liquid stocks
    mysteriously disappear (look at today's market action for yet another
    blatant example of this practice).

    Anticipating the regulators' likely response, one should not be
    surprised to see them siding with Goldman and against shorters:

    As the SEC also seeks to appease investor concerns over rampant short
    selling, especially naked short selling, new sponsored-access
    standards may provide part of the solution. Given that day-traders may
    be the last remaining culprits of such activity,, increasing and
    standardizing scrutiny over their trading may reduce uncovered (and
    illegal) shorts even further.

    How about appeasing concerns over rampant, unjustified buying? When
    will the downtick buy rule be implemented? But we jest.

    And I digress again. Why should all this be concerning to advocates of
    stability of high-frequency trading:

    The mother of all concerns is a sponsored firm's algorithm going awry
    and executing thousands of problematic trades across a range of
    securities and market centers.

    Well, this is not really a problem when it happens to the upside as
    has been the case for months now - it is only a threat when Joe
    Sixpack's 401(k) may be impacted, i.e., to the downside.

    And here is where a SEC Comment submitted by broker Lime Brokerage is
    a very troubling must read by all who naively claim that High-
    frequency trading is a boon to an efficient market (which doesn't
    provide . Well, yes and no - it is, until such moment that it causes
    the market to, literally, break. I will post a critical excerpt from
    the Lime submission, and leave the rest to our readers' independent

    Lime's familiarity with high speed trading allows us to benchmark some
    of the fastest computer traders on the planet, and we have seen CDT
    (Computerized Day Trading) order placement rates easily exceed 1,000
    orders per second. Should a CDT algorithm go awry, where a large
    amount of orders are placed erroneously or where the orders should not
    have passed order validation, the Sponsor will incur a substantial
    timelag in addressing the issue. From the moment the Sponsor�s
    representative detects the problem until the time the problematic
    orders can be addressed by the Sponsor, at least two mintues will have
    passed. The Sponsor�s only tools to control Sponsored Access flow are
    to log into the Trading Center�s website (if available), place a phone
    call to the Trading Center, or call the Sponsee to disable trading and
    cancel these erroneous orders � all sub-optimal processes which
    require human intervention. With a two minute delay to cancel these
    erroneous orders, 120,000 orders could have gone into the market and
    been executed, even though an order validation problem was detected
    previously. At 1,000 shares per order and an average price of $20 per
    share, $2.4 billion of improper trades could be executed in this short
    timeframe. The sheer volume of activity in a concentrated period of
    time is extremely disruptive to the process of maintaining a �fair and
    orderly� market. This shortcoming needs to be addressed if the
    practice of Naked Access is going to be permitted to continue;
    otherwise, the next �Long Term Capital� meltdown will happen in a five-
    minute time period.


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  • jim
    06-21 05:03 PM
    Can I add my spouse before or After marriage?I am planning to get married in 4 to 5 months.My attorney told me that he will be ready to file I-485 in July and my current H1-B is valid till Dec 2007,so if I go back to country for marriage and coming back on AP,so I think so I will be ok,but should my wife able to get H-4 visa stamp on her passport and once she came back in USA on H-4 should I will be able to add her right away in I-485 when PD dates will be current or should I have to wait 60 days then apply her for I-485.

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  • wawa
    09-30 03:32 PM
    Hey prince ...

    just like my case...H1 transfer pending and case reopened on previous approved H1b....I would request everybody to keep an eye on all your H1 approvals, past and present, so that in case you guys have the same issue can quickly search this tread for feedback....

    Hi smartboy75/prince,

    This reopened H1B case for me is a 7th year extention, I got it approved on Feb. 28 2006. I haven't received the mailed notice, maybe it would come Tuesday or Wednesday.


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  • Maniaci
    06-02 01:14 AM
    Introducing the Apple iBOY. Wish I could have spent more time on it, but I'm too lazy ;).

    Edit: I just realized this is not really a skin... more of a modification. Is it legal? If not, I'd like to have this entry voided so I can try again hehe.

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  • mpadapa
    08-13 12:39 PM
    If you can porting to EB2 is always a better choice.
    For EB3-I's with PD > 2005 it is worth the risk even with the gray area that USCIS may not accept the porting. An EB2 I PD of 2008/9 will always be better than EB3 I PD > 2005.

    HR 5882 is the only solution for all atleast for this year.


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  • Leo07
    11-06 12:26 PM
    Thanks for the post.

    I see no good intentions from the text...he's just disappointed that his bill did not pass and want to piggy back on a bill that has good chances.

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  • psczd4
    12-14 09:21 PM
    I am planning to get my visa stamped at the chennai consultate in January 2008. I will be visiting for 3 weeks and was wondering whether such a situation will persists during the month of January...


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  • lacrossegc
    12-02 01:07 AM
    strategically , you dont want the other side to know this info ...
    seriously ...
    I agree ... if we come up with a serious pay as you go policy ... say even one cent per posting/reading from everyone... that way it will be fair ...

    I do not intend to question IV and its members who are pretty diligent about things, are entirely trustworthy and neither have they given us any reason to think otherwise. IMHO the monthly thing does not work. Some people cannot afford monthly payments due to other commitments (some are less fortunate than others). They may opt for one time payments rather than monthly payments.

    I think what we need is target oriented funding drives. For example:

    What are the objectives for the lobbying effort this year and consequently how much money do we need for lobbying efforts? $100,000, $200,000 or $500,000

    By putting collection targets up front we can direct our energies towards that target. I know that every cent counts and every dollar will be beneficial. But if we don't know and don't communicate what our target is we can never focus on the goal. A monetary target for a clear objective is something many people can relate to and a one time payment is more attractive than monthly payments.


    06-17 09:44 AM
    Please call lawmakers listed on home page.

    07-11 11:05 AM
    My Lawyer will change only $150 more for refiling...

    My lawyer was not prompt enough to mail the applications by July 2 and after USCIS issue new update, they decided not to file as it will be rejected. In light of the lawsuits, below is the response I got from them?

    "In light of the currently pending class action lawsuit against USCIS and numerous requests to file for Adjustment of Status despite the unavailable visa numbers, we have decided to do the following with regards to current filing of adjustments:

    If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.

    If you have an newer priority date (EB-2 or EB-3) such as 2005/6 or later, it may be beneficial to file the adjustment now and become part of the class action lawsuit, but this is just speculation. In any case, the initial filing would be outwardly denied and no immediate benefit would come of it. Even if the lawsuit had a favorable outcome, you will have to refile the adjustment at the time of the court's decision, which would incur more legal fees. Again, it could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and your priority date could come current before then, making you eligible to file your adjustment and making the lawsuit a big waste of time and money.

    Ultimately it is your decision as to what you want to do. We are willing to file your case now if you so wish. Please note that our office will be charging full legal fees for each time the adjustment is filed. The full legal fee will be due upon the initial filing of the case, and again on any subsequent filings of the same case, whenever that may be, as all paperwork will have to be redone.

    Please keep in mind that once we file your case, we can guarantee that it will be rejected immediately. You will receive no immediate benefit from filing this case. You will not be issued travel documents, and you will not be issued an EAD card."

    So friends, what are you folks doing? Any thoughts or comments?


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