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  • Templarian
    08-27 05:58 PM
    Shaking My Head





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  • InTheMoment
    08-05 11:31 AM
    Why partial, If I were you I would have asked for a full refund !

    $1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.

    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;





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  • markelli
    02-26 11:34 PM
    Anysia,

    Hi! Do you think this rule will apply if you were to apply for H1-B extension? I'm a PT too and my H1 will expire in October. My I-140 petition was filed last December and was approved this February. So I was wondering if USCIS uses the same standard for H1-B and I-140s. Which service center did you apply to? I'm really scared of what's happening. I hope that you get thru this....





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  • purplehazea
    05-11 01:31 PM
    I spelled out the problems as much as I could with the limited time I had! I spoke as Amit, Irvine CA

    I really hope they put it out there. And just for my satisfaction there was an illegal who got legalized via 245i before me so that I could question the backlog these people add!



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  • Blog Feeds
    05-17 12:40 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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  • bkshres
    10-07 01:06 PM
    Hi,

    I recently moved from Ohio to Maryland. But Maryland DMA is saying that they can not issue Maryland driver's license based on my Ohio license BECAUSE my Ohio driver license has "non renewable/non transferable" note in it. In Ohio for all non-immigrant, they give driver's license with "non renewable/non transferable" note. Until someone gets green card, the note will be there in Ohio driver's license.

    Did anyone have similar situation moving from Ohio to different state? This is strange rule in Ohio. but now if I have to get driver's license in Maryland, DMA is saying that I need to start from the beginning like fresh driver starting from driving school, certificates etc etc.

    Please help.

    Thanks,
    BK



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  • arc
    06-17 04:44 PM
    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    *Disclaimer*
    I am not an attorney. Please take advice from an attorney. :cool:

    You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?





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  • guy03062
    10-28 02:30 PM
    AP renewal application Mailed: 10/06/08
    Reached @ USCIS: 10/08/08
    Check cashed: 10/23/08
    AP Receipt notice received: 10/27/08



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  • hianupam
    04-16 03:55 PM
    get involved in your Texas state chapter when you finally make your move.
    Flowermound is great, but Plano rocks! ;)

    I will contact you as soon as we get settled. (that is if we decide to move)
    Thanks.





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  • manderson
    07-17 10:43 AM
    if u want to change emplpyer you can transfer H1 via premium process to another employer in 2 weeks. you only need paystubs to prove that you were employed for the last 4 yrs.

    as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
    - copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
    - substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs

    Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.



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  • adibhatla
    06-16 11:59 AM
    I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

    If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

    If you really need to check just the status, take an Infopass.

    Just my 2 cents.

    va_dude

    Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.

    Regards

    MA





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  • glosrfc
    10-22 11:00 AM
    When I was a kid, I built a tree-house with the tops of some discarded collapsible tables. I really can't imagine trying to do the same with CSS.



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  • ksvreg
    03-29 04:05 PM
    As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...

    How long the process took before filing? How much time for PWD alone?





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  • Anders �stberg
    August 8th, 2005, 11:00 PM
    Great picture and tip! Would come in handy for me too as I'm not too keen on getting up early. :)



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  • akred
    02-25 02:25 AM
    with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.

    You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.





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  • sonia_sd
    02-11 09:16 PM
    I just signed the petition



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  • sss9i
    07-21 01:35 AM
    What should I do now??

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.





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  • satyasaich
    04-23 12:42 AM
    You are correct.
    Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.

    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!





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  • amsgc
    09-11 06:11 PM
    Compare the above poll with this (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) one

    Looks like USCIS has done quite a bit of house cleaning.

    If there is somebody who has not voted in the general EB2 poll- then please do.
    Good luck to all who are still waiting!





    looivy
    11-21 12:28 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?

    Thanks.





    greenerpastures
    07-20 03:09 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.
    MScapbust,
    You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
    Good luck



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