sreeanne
02-08 05:56 PM
calboy78, thanks for your reply. i will go for PIO card and update his information in nearest police station after 180 days.
shadow hedgehog wallpaper. 800x600 1024x768 1152x864
sandiboy
08-14 03:50 PM
Mine/Spouse:
485 RD: Jul 2 '07
485 ND: Aug 7' 07
Waiting for FP Notice
485 RD: Jul 2 '07
485 ND: Aug 7' 07
Waiting for FP Notice
shadow hedgehog wallpaper. shadow the hedgehog 18
hbk
04-22 03:33 PM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
shadow hedgehog wallpaper. shadow the hedgehog 7
astral1977
12-19 12:10 PM
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?
Thanks,
LG.
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?
Thanks,
LG.
more...
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gapala
03-31 01:26 PM
take that dispute report and go to your local police station..
I do not think its a right approach to go to police for this mistake in the report as this is not a primary law and order problem, assumining that its a mistake in the report.
if you have been rejected for a job position based on a background screening report your employer must inform you about this and provide you with a full copy of the report. Generally they will send it in mail to your mailing address...
If you find a mistake in the report, which has led to this situation, you must dispute the wrong information in the screening report at once and get in touch with the company that conducted the check.
Tell them about the wrong information they have provided in the report and demand an immediate re-investigation, both by sending a letter and asking them over the phone as well.
Under Federal regulations an employer is prevented for five days from hiring another person in your place from the date when you dispute the wrong information in the report. So, do not loose hope, you may still get the same job provided the mistake is corrected in the report with in 5 days.
Good luck.
I do not think its a right approach to go to police for this mistake in the report as this is not a primary law and order problem, assumining that its a mistake in the report.
if you have been rejected for a job position based on a background screening report your employer must inform you about this and provide you with a full copy of the report. Generally they will send it in mail to your mailing address...
If you find a mistake in the report, which has led to this situation, you must dispute the wrong information in the screening report at once and get in touch with the company that conducted the check.
Tell them about the wrong information they have provided in the report and demand an immediate re-investigation, both by sending a letter and asking them over the phone as well.
Under Federal regulations an employer is prevented for five days from hiring another person in your place from the date when you dispute the wrong information in the report. So, do not loose hope, you may still get the same job provided the mistake is corrected in the report with in 5 days.
Good luck.
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Munna Bhai
08-24 01:34 PM
Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.
Here is what I got update from my attorney:
"Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."
Hope this helps.
Here is what I got update from my attorney:
"Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."
Hope this helps.
more...
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monkeyman
01-29 05:50 PM
Class of Admission: How ever you last entered the country (AP, H1-B, H4 etc)
Date of intended Departure: As soon as possible
Expected length of stay: Less than 5 months
That is what I had filled out.
The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.
You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.
As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.
Date of intended Departure: As soon as possible
Expected length of stay: Less than 5 months
That is what I had filled out.
The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.
You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.
As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.
shadow hedgehog wallpaper. life Shadow+the+hedgehog+
vxg
04-23 09:54 AM
If you subscribe on USCIS website you will get email indicating and saying like:
The following is the latest information on your case status
Receipt Number:XXXXXX (i maksed it to hide my info)
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
This case has been approved. On June 12, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.
National Customer Service Center (800) 375-5283.
*The projected processing time frame can be found on the receipt notice that you received from the USCIS.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
The following is the latest information on your case status
Receipt Number:XXXXXX (i maksed it to hide my info)
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
This case has been approved. On June 12, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.
National Customer Service Center (800) 375-5283.
*The projected processing time frame can be found on the receipt notice that you received from the USCIS.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
more...
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sury
10-28 10:30 PM
We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.
Can anyone let me know what documents are required to show up at SSN office while applying SSN.
Thanks,
Sury
Can anyone let me know what documents are required to show up at SSN office while applying SSN.
Thanks,
Sury
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lost_in_gc_land
01-31 01:18 PM
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
more...
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snathan
05-23 03:44 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
I guess you can have two GC process. but only at the time of 485, you need to decide which one to go. But I am not very sure about this.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
I guess you can have two GC process. but only at the time of 485, you need to decide which one to go. But I am not very sure about this.
shadow hedgehog wallpaper. Shadow the Hedgehog (Old TMD
pa_arora
07-23 04:24 PM
You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.
I would say its worth giving a shot.
[You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]
I would say its worth giving a shot.
[You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]
more...
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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)
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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mermaid2084
11-21 04:18 PM
Thank you very much for your responses.
I would appreciate if you could send me the contact details of USCIS. In addition I have the following concerns:
- Will I be allowed to move back to my country with out I-94?
- Will fileing I-102 help?
- Should I make a police complaint regarding this?
I would appreciate if you could send me the contact details of USCIS. In addition I have the following concerns:
- Will I be allowed to move back to my country with out I-94?
- Will fileing I-102 help?
- Should I make a police complaint regarding this?
more...
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pmat
07-21 10:32 PM
I don't have an answer for your question. But why did you apply for 2 H1B visas at the first place? Because of this somebody who may have been a genuine candidate couldn't have gotten visa in the lottery.
I hope that other members will answer your questions.
I hope that other members will answer your questions.
shadow hedgehog wallpaper. Shadow the Hedgehog (Mephiles
BPforGC
05-21 04:54 PM
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
more...
shadow hedgehog wallpaper. Name: Shadow The Hedgehog
krishmunn
05-25 10:49 AM
I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.
Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?
everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?
I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.
Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !
Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?
everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?
I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.
Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !
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sanjay02
10-17 02:19 PM
I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.
1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).
Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.
Thnks
1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).
Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.
Thnks
shadow hedgehog wallpaper. Shadow_the_Hedgehog,_2005
ameryki
08-27 10:21 PM
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
Gravitation
03-06 02:19 PM
I say EB3 India will move to Jan 1st 2002.
calif
10-29 03:59 PM
which service center?
Give a try if they can update it.
Give a try if they can update it.
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