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  • sapota
    10-15 02:19 PM
    I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).





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  • xela
    04-23 06:00 PM
    There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.

    they withdrew it a couple of days or so later. So everyone that already had sent their applications was fine.





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  • fromnaija
    07-25 12:20 PM
    You don't sign I-140, your employer does. Only exception - self-petitions.

    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?





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  • gimme Green!!
    07-04 10:15 PM
    There was also a gap of my H-1 Activation and F-1.



    Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.

    What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
    What were you doing then? Did you have a PT (practical training) atleast?

    The above is based on what i think I know. The best person to advice is an immigration lawyer.



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  • MeraNaamJoker
    09-17 10:35 AM
    It is my request only!!! Can you please stop replying in 'Red' color? It is really annoying.

    Imagine if everyone uses bold font:mad:

    Every one has there own style. Since the answer was for a very important topic and I knew the answer to it. I did want it to catch attention. Hence did it like that.





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  • vin13
    05-19 10:57 AM
    How come Mexican president doing Illegal immigration stuff. Indian PM can at least talk about waiting people, family reunion and backlogs.

    I can understand where you coming from.. Mera Bharath Mahan

    But I cant but differ from your views. Indian Prime Minister is not so great as you think. He is only a puppet in Dynasty tantras

    Look i am not trying to say "mera bharat Mahan". All i am saying is tell me why should the Indian PM work to get us the Green Card. If you feel the Indian PM is incompetent, that is not related to immigration. Even if there was a competent PM, why should he/she work to get our Green Card? Tell me how India gains by you or me becoming US Citizens. Please don't tell population reduction for India. Give some substantial benefit for India.

    Mexico is a bordering country and has a different kind of trade and agreements. It is not the same for other countries like India and China.



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  • kirupa
    01-01 09:02 PM
    I've updated the guidelines to reflect these two issues.

    I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.

    glos - AS2 is fine as well :)





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  • ckarri
    07-27 01:46 PM
    I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?

    -Thanks

    contributed $250 so far.



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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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  • lvinaykumar
    04-16 07:09 PM
    I am waiting to hear something for my wife. She would hate it to sit at home for one year

    Let see......


    I will update this thread if i hear something



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  • sundevil
    06-08 11:59 AM
    Some Indian Americans with GC and Citizenships are not sympathetic to our cause. They would rather this thing get worse. I have a neighbor who thinks we already have our GC(for various reasons we did not tell them about our plight). I heard him rant about how happy he was that they did not include any thing good for backlogged people in the new bill and how great it would be in the Merit system when there will be no spill overs to India to reduce backlogs and get rid of all the "idiots"(his words) coming over these days from India. It is utterly deplorable, I don't plan to socialize with these selfish people anymore. I hope this is an aberration and not a general opinion of our fellow immigrants.


    Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.





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  • Libra
    07-11 08:24 PM
    Beware he might shoot you:D bad idea

    Expecting help from Cheney ?:confused:



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  • gcdreamer05
    08-18 01:14 PM
    As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."

    She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.

    My question is also about 485 submitted without medicals, i filed during july 2007, without medicals, they have not yet asked any RFE, but if they do, should i go and do medicals again because i did medical examination in Aug 2007 and sent the documents to my attorney who is waiting to get the RFE.
    But will those medicals expire ? or should i do again because i heard there is a change in the format and new form has to be filled.

    Does any one know if medicals expire ???





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  • villamonte6100
    11-02 08:50 AM
    cjain...

    Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...

    I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...

    Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...

    I totally agree with your earlier comment. This is an immigration forum for people like us in the US. If we can just post anything here, then I'd like to post my problems with my neighbor as well.

    Once again, Good on you mate!!!!



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  • pkv
    02-07 12:22 AM
    Hi,
    Need help with your knowledge here...

    Read all the posts but Couldn't find exact information; so had to start a new thread.

    I've received my 485 receipt Notice, which I filed in July last year and FP is also done. I didn't file File for EAD or AP along with I-485. My case is in TSC.

    Now I want to file for EAD and have a few questions?

    1. Can somebody guide me how can I file EAD on my own without using lawyer? What fee wil be applicable on this application?

    2. I've a valid H1B from current employer who sponsered my GC. If I change employer using this EAD and go out of country sometime later, do I need AP to enter back in the country? or H1B would work??

    3. What status would my spouse(currently h4) be on after I start using EAD?

    4. is there in difference in processing time between e-filing and paper filing?

    Thanks,





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  • franklin
    06-15 04:02 PM
    You don't HAVE an A# yet - it is the number you get on your greencard

    The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.

    Many USCIS forms ask for the A#. If you do not have one yet, simply write "None".

    There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.

    Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.



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  • diptam
    02-18 05:36 PM
    Look, the law is that the H1B employer must pay the promised LCA to the employee where he/she is in Project or out of Project or playing or vacationing or training .... As long as the employer doesn't terminate the employment they are supposed to pay the minimum wage.

    If they don't pay and neither terminate - its a illegal thing. I completely understand what you are asking :)

    when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.





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  • unseenguy
    02-23 12:11 PM
    Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?





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  • gsc999
    11-14 08:54 PM
    This is the time to channelize all your frustration into positive energy. Yes, we can collective work towards ending retrogression.

    Join your State Chapter today

    Follow the link

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52

    Come on folks, this is time for action.

    Start working towards IVs goals and you will be glad that you are doing it.
    ----
    Absolutely, join the state chapters and join hands to act. If not than be prepared to wait for a rreally long time for your GCs.





    WeShallOvercome
    12-12 07:50 PM
    Fellow IV members who have their GCs approved and some of those who are still waiting:

    I have a few questions on how my brand new GC will help me in my situation..

    My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.

    Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...

    What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?

    Thanks for your inputs





    naushit
    01-13 09:22 AM
    I was in exactly same situation last October. I dont believe there is any foolproof method. I tried everything
    - opened SR
    - inquiry to AILA.
    - obmudusman office.
    - Inquiry thu Senator's office.

    finally I got my GC in Oct 2009 , I believe Senator's office clicked, my local Senator's office was very responsive and very quick.

    Good Luck.

    -N


    Hello friends,

    This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?

    Thanks in advance



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