Thursday, June 9, 2011

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  • reddymjm
    05-14 05:15 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.

    Election year nothing happens on these bills. History and trend says so. Lets see if we can change the History




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  • zCool
    06-08 02:20 AM
    While it was indeed a horrible bill and it deserves to die,
    it's too early to say it's gone forever.
    Moreover, it is nativist and scare-mongering that won the victory today so lets not get carried away..
    Moral of the story is.. Anti-immigrant lobbies are very strong and they are organized.
    Republican base has found enemy to blame for mis-steps and win 2008 elections.. it is immigration. Buoyed by the success in slowing down 1 piece of legislation that probably had most broad-based support in recent years.. they will try to further the gains by proposing more divisive and mean-spirited bills designed to provoke response and inflame passion (i.e. make life unbearable and very difficult for all immigrants)

    On the other hand we will probably have better chance of pushing small reliefs in employement based immigration.

    I think if there ever was a time to start new funding drive.. it is NOW!




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  • shsk
    07-19 10:51 PM
    Hi,
    I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
    :confused:








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  • techbuyer77
    06-20 03:18 PM
    if they revoke the petition after 180 days that you filed i-485 nothing will happen you can invoke ac21, if before you can not



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  • iheartindia79
    05-14 01:13 PM
    Please! someone help!




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  • gultie2k
    07-07 12:42 PM
    Mr Ganguteli!
    Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.



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  • johnwright03
    02-13 11:33 AM
    H1B - LCA Related Issues - How can we save ourselves ???
    I guess everybody know by now that ICE arrested 11 H1 workers(Yes , it is 11 H1 employees) mainly due to mail fraud/wire fraud, and these frauds are resulted due to the fact that these H1 employees are not working at LCA mentioned location.


    Are these folks Employees or the Employers...??? I guess they are the employers..!!! but sure this is going to fall on EMPLOYEES too soon..!!! So, Make sure you have proper paper work from your employer, if not fight for the right paper work..!!!




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  • indianabacklog
    06-15 04:00 PM
    You should read the filing instruction. If anything is not applicable then it should be either "None" or "N/A".

    If you just leave it blank, how do they know if you forgot to fill that value or your don't have A#.

    If you have an I140 approval notice this has the A# on it. Only the principal applicant has this number, all dependents will have an A# on the receipt notice for the I 485 since it is used for the fingerprint appointment. However, you are correct this is just left blank if you do not have one!



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  • reddymjm
    09-17 09:07 AM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?

    AP is like a VISA. Not all of us got 3 copies. Some of us got only 2 copies.
    I entered US(Detroit) from Canada. My wife needed to use AP and I still had valid H1b stamped. Still they made me use the AP. I left my other 2 copies at home thinking I do not have to use my AP. Then the officer explained that they need all the copies of the AP (atleast 2). They will stamp AP on the passport valid from 1 year from the date of entry irrespective of the expiry date on AP. They will return us a copy of the AP with the same expiry date on it. What he told me is even if I dont have any more copies I can still travel(not just b/w US and Canada) till the expiry date stamped on the passport and next time I will be getting I94 till that date not one year.

    Hope it helps.




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  • immilaw
    09-27 09:00 AM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

    Ask the lawyer to give you a copy of the RFE.



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  • ysiad
    08-10 11:31 PM
    One option is to change the address at USCIS and also put a hold on your mail for 30 days (max allowed) at the Post Office. Picking up held mail should be easy since you are in same city.
    Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?

    Thanks.




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  • chanduv23
    12-31 02:08 PM
    sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet

    Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.

    Some say it is not an issue, some say it can be an issue



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  • s416504
    12-03 03:02 PM
    Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?




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  • jkays94
    03-31 03:01 PM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html

    S. Mitra Kalita: From a former H-1B holder... You know what strikes me? The minute an H-1B holder gets his or her green card, they seem to forget (and likely want to forget) those days where they agonized and strategized over how to stay in the country, where in the labor cert process the application was, etc. I wonder if the H-1Bs have any lobbying groups out there for them. If so, can you please e-mail me with your contact info. Years ago, I used to quote a group called the Immigrants Support Network but I have tried to reach out and not heard about it in a long time. Any H-1B support groups out there?

    This was in the H1-B discussion, could someone from the core group please do the needful. I thought this article written last year was very insightful into the plight of EB based immigrants and with this reporter reaching out, it could be a good opportunity to get the story out http://www.washingtonpost.com/wp-dyn/content/article/2005/07/22/AR2005072202060.html

    Some info : If you are trying to reach a Washington Post reporter or staff member, please call 800.627.1150 or 202.334.6000.



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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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  • nixstor
    08-03 11:15 PM
    go to: http://www.uscis.gov/pressroom

    and then select the one from August 3.

    I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.

    Yes, You are right. I missed the '/' until now and was wondering why the 485 is showing 7/11 while 131/765 were showing 7/1. But I am surprised this report came so late in the night on a friday, which means some one is working hard on getting us this update.



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  • ski_dude12
    12-16 04:23 PM
    With EAD, I got mine renewed for 3 years in NY:cool::cool::cool:




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  • kalyan
    02-12 01:45 AM
    The statistics showed that $39Billion were sent to India by NRI's (not including enterprises) for 3 quarters of 2008

    I believe 70% of it might be from US. I have a smalll share in it.

    Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.

    They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals




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  • sayantan76
    07-08 10:39 PM
    this is BS.

    The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.

    In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.
    As far as I know - a large number of us in the USA do not need to pay Indian taxes on our US income.......unlike USA - Govt of India does not tax its overseas citizens' foreign income......(for that matter GC holders are also liable to pay US taxes when they are outside USA).

    Under these circumstances and the fact the Govt of India has much more serious issues on hand- I find it very selfish to go ask for their help for a set of relatively well to do, highly educated professionals working for mostly personal gains outside their motherland.......

    Its one thing GoI stepping in against exploitation of labor in middle east or advocating for med students in UK - most of us are established professionals who have consciously chosen our battles - we should not shy away from those battles and suddenly ask for motherland's help.....

    BTW - I am in the same boat......actually a bit worse perhaps..since I am filed under EB1 and was current till last month and only 2 months or so away from GC before current bulletin......




    binadh
    07-12 01:06 PM
    May be someone from NY can start calling/writing clintons office. Help us or return that $$$$.


    As per this report Indian-Americans raise $2Million. Can we get some help from her to raise our issues?

    source: http://www.nysun.com/article/57238


    If you think this thread is useless, CORE please close this thread.




    wandmaker
    09-15 01:21 AM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?

    Inform POE officer - s/he will make a copy and return the original to you.



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