Tuesday, June 7, 2011

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  • eb2dec2005
    10-28 10:33 AM
    I applied for the renewal of my expired AP on Oct 12 which was received on Oct 14th.But neither the checks are cashes nor any reciept notice received.

    Is there anybody else in the same boat,Btw, the service center is NSC.





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  • yabadaba
    06-29 02:13 PM
    bumpabaump





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  • abhijitp
    07-18 07:00 PM
    I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.





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  • jvordar
    04-17 08:29 PM
    Even if you transferred you can still work for old company and keep on working there without joining new company.

    That's what i believe. Please consult attorney for confirmation

    on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..



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  • saint_2010
    06-25 12:42 PM
    Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?





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  • sad_angel
    05-17 11:51 PM
    i filed i-130 for my husband ( he is not in the u.s ) and it has been pending for 20 months . 2 months ago they sent the file to the local office in L.A and 20 days ago they transferred the file to the NBC . is this normal plz :( ????



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  • deepikak
    03-25 04:50 PM
    I have voted for all the questions posted on legal immigration which speaks about our issues.
    Please do participate , this is a golden chance to get our voice heard.
    I have also posted a question about the same , you can also vote for this question.
    Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
    Indian, atlanta,ga:)





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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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  • rajeshbillabong
    09-23 11:52 PM
    Hi guys,

    My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
    We really want the OPT option that F-1 gives.
    Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?

    Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.

    We are very worried. Please help.

    best regards,
    Rajesh





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  • polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..



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  • sku
    09-11 04:25 PM
    Just to clarify

    Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.





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  • pappu
    02-24 11:54 AM
    If we force people to fill profile, they start filling fake details.
    How do we make people update their profiles with real details?

    I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.



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  • pappu
    06-05 11:26 AM
    If you are unable to come to DC, please contribute to this effort by donating funds to immigration voice. It will help us recuperate the costs associated with hosting such a high profile event in Washington DC. If you have not contributed,
    click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25) and please contribute now. This is an effort that helps each and every one of us. Hopes and prayers will not make visa bulletins current. Congressional action will. And congress will act only if we act to advocate our issues and solutions.

    Most of us are still in the limbo of green card process and waiting in different stages. Some of us may have advanced to the I-485 stage and have a little more career flexibility but the hanging sword of uncertainty still looms over our heads.

    Our angst, our insecurity:

    Even with EAD and other options, lack of green card is lack of security and lack of certainty. You know it and you feel it every day. In order to find a permanent fix for the uncertainty, angst and insecurity and in order to snap out of the probationary lifestyle and career, we have to finish what we started over 4 years ago -- get the U.S. Congress to act on this problem and solve it once and for all.

    Early effort wins:

    The first agenda of next Congress will be immigration and we expect an immigration bill to be debated sometime in early 2011. However, it would be a big mistake to wait until that time to do something about that bill. Successful advocacy efforts are the ones that start early and introduce concepts and ideas into the debate before the legislators write their first draft. Once the committee hearings and debates begin, it is harder to get changes or fixes into a bill because it requires an amendment to the bill in a politically charged and heated atmosphere. Groups and organizations that wait until the last minute to influence members of congress often fail to achieve results. In order to succeed in next year's immigration bill, we have to begin talking to members of congress now. Remember, the advocacy efforts we did with lobby day and rally in Sept 2007 influenced congress to include our provisions in bipartisan bills introduced in Aug 2008. Legislative things take time.

    How you can help:

    You and help in two different ways:

    Join the advocacy effort in DC on June 7th and 8th. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html) If you have never done this before, we encourage you to help us with this and join us. Immigration voice will arrange the logistics of setting up meetings and arranging the material for you to take to your Congressmen and Senators. We are expecting about 150 immigration voice members to gather in DC and participate in over 200 meetings with Congressmen and Senators.

    Contributing Funds to help finance the effort. (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html) You are most welcome to come to DC and join us but if your job demands are such that you cannot take two days off on June 7th and 8th, then you can still contribute to this effort by contributing financially to Immigration Voice. Kindly contribute funds to this effort by clicking on this link (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1534974-funding-drive-iv-needs-your-support-for-advocacy-events-in-dc.html). You have an obligation to yourself and your family to plant your career in this country once and for all. EAD and AP, if you have them, are not going to cut it. We are not there yet. And we have to finish together what we started together.

    Thank you.

    Immigration Voice. (ImmigrationVoice.org - Home (http://www.immigrationvoice.org)).





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  • prinive
    03-27 07:48 PM
    Any one ... :o



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  • kate123
    06-17 01:42 PM
    As deecha suggested, consult a legal authority or you can also talk to some one at office of international students.

    good luck





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  • go_guy123
    11-23 02:23 PM
    Well Said.

    Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!



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  • ragz4u
    05-31 09:50 AM
    My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.

    I believe their doucmented were in order otherwise. So it is tough to take things for granted.

    I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!

    But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.





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  • Queen Josephine
    August 9th, 2005, 07:42 AM
    I am trained as a physicist, and crossed polarizers are a common method of managing light in physics experiments, so I decided to try that here.

    You can't use circular polarizers like most of us have for our autofocus DSLRs. Stacked C-polarizers don't black out, because they are both filtering the same light.

    With two polarizers you get weird rainbow effects from diffraction, and the whole scene tends to the purple/UV.

    Always nice to have a scientist on board seeing possibilities we sometimes miss. Thanks for the great explanation Michael!





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  • seekerofpeace
    09-09 10:16 AM
    Gimmegreen,
    I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....

    I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...

    Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...

    Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"

    SoP





    nihar
    11-30 05:05 PM
    Dhundun you have hit the nail on the head . Now i will be more clear

    I came to USA with F1 as of last year and this year before completing i got approved for my H1 visa as stated by my consulatant and for which i had to be on status hence i continued my MBA and now this is my final semester and i will be done and my visa on F1 is valid till march 2008 . When i spoke to my consultant she told me tat its approved ie , my H1 but it will take another month for me to resolve it . So even if i get a job i have to still work without pay . Now i guess im dependent on her tat she should market me and get me a job . My bad luk that im stuck with getting H1 approved and no job though im through a consultant . Next thing is that i also completed my MBA and now if i was on F1 i could have got my OPT , but i guess now since my H1 is approved i have to wait to be marketed and also the query to be solved . So what will you guys suggest me ???





    LongJourny
    01-23 12:56 PM
    Hi guys,

    Please respond to my previous post and help me, if you can, as soon as possible. I planning to fix an appointment. Your help is greatly appreciated. Thanks in advance.



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