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  • h1b_forever
    10-01 12:09 PM
    I am the primary applicant.
    But AP seems to be going the other way. I got my approval. My wife hasnt yet.





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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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  • valatharv
    07-15 08:33 PM
    It will be very nice if anyone of you can help to my post.
    "father FirstName and lastName reverse"





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  • godbless
    07-18 07:55 PM
    My I 140 alone was applied on July12th as we did not know anything about the revision that time.

    I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.

    Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.

    Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?

    Thanks a lot for the reply,
    Sam

    You don't need to wait till the approval of your I 140 or the reciept notice. You are eligible to file I 485 right away. The attornys know how to do it. So don't waste time and send your I 485 in ASAP.



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  • okuzmin
    08-27 04:04 PM
    Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.

    NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.

    I'm almost done with my Canadian PR process and moving with my family to Calgary in October.





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  • bkam
    01-31 10:55 PM
    Dear "colleagues in faith" :-) There is a rule in life - if you want something and beg for it, you most probably will not get it. You have to fight and find a (legal) way to get it. This is the way the American Anglo-Saxon population mixed with smart Jews and other hard working nations achieved economical and political power over the last centuries. Not by begging for rights and being scared of people with different opinion.

    These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.

    This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".

    I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.

    In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.



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  • trueguy
    08-09 09:27 AM
    ^^^^^^^

    bump

    ^^^^^^^





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  • msyedy
    02-05 02:26 PM
    you have to give the H1 qualifying exam (I think Step 3), then you have to apply for Residency in universities. They all call you for personal interview, and the results are announced in mid march. Once you are selected, they'll process H1 for you. If you do not have step 3 cleared, then they'll process J1 visa for you. Most of these universities come under non-profit so, H1 quota is not a issue for them.

    Oh Mr dexto_al read his question properly before giving your precious advise....



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  • nihar
    11-21 04:08 PM
    if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess





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  • askreddy
    08-16 05:03 PM
    Hi

    What is your Received and Notice dates for 485.Just checking is this related topre adjuducation process.

    Thanks



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  • b_boy
    08-28 03:58 PM
    Pending too





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  • rb_248
    10-18 12:16 AM
    rb_248, I am in the similar situation if you dont mind can you share your lawyers details, seems to be very experienced lawyer..

    golgappa,

    Just sent you a PM. Please check your inbox.



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  • mbartosik
    12-13 04:16 PM
    The date in my I94 was entered as being 6 months before the date of entry (he got the year wrong). I being jet lagged didn't spot it until after leaving the immigration hall.

    To cut a long story short, in the end an immigration officer at the same port of entry just hand corrected it and wrote his badge number against the correction (no updates in the computer). I had begged for a new I94, but that wasn't going to happen.

    In the end to avoid risk of any more delays with H1B renewal etc, I just took a trip to an airport in Canada and didn't even leave the airport. That got me a new I94 (for cost of $250 airfair). My bother was that a hand corrected I94 may look suspicious to someone and that slows down a future application, and what is the cost of more delays in applications?

    So my advice is, ask an immigration officer at a convenient place for you to correct it. However, if you are going to use it on an application (like I140 or H1B renewal) then just leave and reenter. It depends on costs, a day off work to go to somewhere where they could issue a new I94 cost more than a cheap airfair to Canada for the day at a weekend. Also compare with the risk of a delay while they check on a hand corrected I94, if they ever bother. My attorny thought that I went over board, but he is not the one waiting and waiting!





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  • manand24
    10-15 02:12 PM
    I don't think so,

    my wife and my self had 3 LUDs after FP on both of our 485.
    I called TSC, mine and my wife's application is pending secrutiy clearance.

    Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.



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  • austinsamb
    05-12 09:53 AM
    Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.

    I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.





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  • shivaniraina
    07-26 08:13 AM
    As you are exempt from the cap, you can start working as soon as you get new petition approval.

    Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.



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  • Templarian
    08-27 11:45 AM
    ^Perfect :fab:





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  • psk79
    05-30 12:29 AM
    From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...

    Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...

    Hope that helps...





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    ramaonline
    09-26 01:43 PM
    according to the regulations, h time counts towards L visa time and vice versa - It is not very clear in the i129 form





    Hinglish
    03-03 11:24 AM
    AGI = American Greencard for Indians



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