Wednesday, June 15, 2011

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  • adibhatla
    06-16 11:52 AM
    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"

    Hi Chandu,

    Could you tell me what needs to be written to the congressman (looking at the content).

    Appreciate your help in this regard.

    MA




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  • h1bnogc
    07-12 10:31 PM
    Please respond to my question/options...this is very urgent and important given that PD is moving very fast....




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  • Blog Feeds
    05-22 01:10 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.

    Requirements

    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.







    More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)




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  • gcformeornot
    01-22 03:22 PM
    Hello,


    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?




    Thanks!
    Daniel

    can apply for your family based green cards only after she is 21 years old.



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  • andy garcia
    04-08 01:55 PM
    US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)


    162,176 total EB were issued in 2007.

    There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
    permitted the recapture.




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  • sankar_203
    04-01 04:54 PM
    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..



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  • lghtslpr
    02-13 04:40 PM
    Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices

    I've been told by senators' aids that letters, faxes and email all have an impact. Politicians do not read them all, of course, but their aids summarize volume and content for them. I was told specifically that written letters carry more weight than emails, because they represent greater effort by the sender.

    -L.




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  • kriskris
    08-22 03:18 PM
    I just called the DMV, they are again blindly saying that they just accept I-94 and nothing else. When i tried explaining them about how this is being handled in other states, they told me that this is TEXAS....we go by our own rules. I don't think i have any other option other than going for Premium.
    Any advises on upgrading to premium at this time.



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  • malibuguy007
    10-02 05:51 PM
    Just joined SC chapter on Yahoo Groups




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  • mymyanmar@gmail.com
    08-11 11:39 PM
    I got the document at my new address mentioned in my quoted post below. It turns out to be FP notice. But the weird thing is they said they will contact me when appointment is available and it'll take 4 months.

    Does anyone know why is that?

    Thanks,
    ROW Guy

    Hi,

    I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.

    And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.

    So my questions are
    1) Can my 485 case be approved without FP?
    2) Is infopass the only way to find out my address change is updated in their system?

    Any reply is highly appreciated.

    My info
    EB3 ROW - PD 2005, Mar
    485 filed on Jul 5, 2007.

    Thanks in advance,
    ROW Guy



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  • mbartosik
    03-28 11:10 AM
    For nationality/changeability a ROW category is needed.




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  • rb_248
    07-16 05:22 PM
    Me too...it was posted 15th of June... This is not the July one :p

    That is why this GCKabhayega has so many red dots....



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  • The7zen
    01-27 09:36 AM
    If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?

    Pardon my ignorance, what is in this bill to support EB community ?




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  • potatoeater
    05-10 02:14 PM
    I think I ran across this problem myself earlier.

    You are using firefox, aren't you? VFS site does not work with firefox. It works well only with IE. So use IE. Simple.



    Hi all,

    I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.

    When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).

    Did anyone get an appointment successfully ?

    The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.

    Can anyone please help me out and guide me through the process.

    Thanks in advance

    Amul



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  • green_mile
    10-04 02:09 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.

    1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
    If not given the crappy funds offered by the 401K plan provider it is not a good idea.

    2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.

    3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.




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  • Imigrait
    08-30 06:45 PM
    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.

    Is it Received date or Notice date?



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  • GCBy3000
    02-07 09:54 AM
    You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

    If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

    Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.




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  • diptam
    08-04 03:46 PM
    http://immigrationvoice.org/forum/showthread.php?t=20598 Though the title says TSC we are trying to write a joint letter covering both NSC and TSC.

    I'm stuck at NSC since May 11th 2007 - no movements. They have purposefully stopped working on EB3 140 at Nebraska

    Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...




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  • immi_enthu
    08-10 05:03 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    but all this mustang can do is f*rt . Did you guys notice the 'oo00 ' in the ID :D




    optimystic
    04-22 03:49 PM
    I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.

    That particular date of July 11 at NSC is for EB I-485 !




    arorasa
    01-01 01:20 AM
    Good thread. Encourage more people to vote !



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