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  • jayleno
    11-19 05:18 PM
    I think its scary for people who filed their applications at NSC. Ofcourse like someone said scary for people with attorneys who are not members of AILA. :D

    http://cli.gs/De4Z4u

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.





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  • deepimpact
    09-17 11:13 PM
    Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..

    In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.

    FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.





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  • ss777
    09-16 10:25 PM
    I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.





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  • tinkugadu
    07-04 10:06 PM
    If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.

    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.



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  • kumar1305
    02-25 05:10 PM
    WOW. Stealing $30 worth of stuff makes her so bad?

    I wonder what stealing from an employer by leaving early from work would mean.

    You are beyond hopeless.

    Here people are putting more than 8 hours a day. Many are doing twice the job. Doing Administration and development, development and support and what not. Employers do not want to recruit a new one. Have thrown all the stuff on poor H1Bs, can't run away just have to work hard to keep the status.


    Which company which let you go early in the current economy? This kind of statements are an insult to all the hard working guys on this forum.





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  • pasupuleti
    05-11 01:36 PM
    Good Job:). I heard your conversation. Thanks for making our case.



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  • kriskris
    04-17 12:29 PM
    As you understand there is no magic correct solution to this situation, but, whichever decision you make about which line your mother-in-law stands in, she should be well prepared to document her intention to return to her home abroad after her visit to the US. Documents she should be prepared to show could include: proof of home ownership or long term lease abroad, proof of bank accounts abroad, proof of car ownership abroad, fixed date return ticket, proof of family abroad--husband and/or other children/grandchildren, proof of some specific event she plans to attend abroad such as wedding or other invitations, etc.
    Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?





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  • smuggymba
    10-08 05:40 PM
    i sent u PM.

    Mr.Smuggy - Easy buddy. Relax.

    I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?



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  • humsuplou
    11-30 02:48 AM
    Hi,
    I am trying to apply for an emergency advanced parole to visit my critically illed granma back home.
    I have a pending I-131 application with the receipt date of Aug 14th. I understand that I can goto my local USCIS office to apply for emergency AP, is that right?
    What document do I need? I have a hospital letter with their letter head. What else do I need? And is there anything specific things that need to be included in the letter?
    Also, is there anyone who has suuceed, or failed to get one with medical emergency of family memeber?
    Any advice/feedback/sharing will be very much appreciated. I have an appointment with the local USCIS on Tuesday.





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  • roseball
    07-20 06:03 PM
    Hi

    I'm a July 2007 Filer, EB-3, German national. My I-485 Received Date is August 1 2007, TSC. Priority Date 7/16/2004. I called and spoke to IO at TSC and she said my case was probably still pending because my Biometrics "is not showing".
    My Biometrics was done 11/5/2007 and my copy contains Biometrics Processing Stamp for 11/05/2007 (which she asked if it did). After checking on it, she said that the Fingerprints had "been done and checked". (Does this mean FBI check??). Then she said my Photo Id wasn't showing. Asked her if this was a problem, she said no, it doesn't matter yet since nothing has been approved and it won't matter till approval. When I sought clarification from her as to whether these items were holding up my application, since she seemed to indicate in the beginning that it did; she said no, everything that's needed is there and my case is just pending.

    Does anyone have any insight into this???

    I mean, it seemed to be a problem initially and there were a lot of uncertain sounds from her followed by being put on hold for minutes at a time while she went to check something. Sounds to me like there was some info/procedural stuff missing which was holding up my app. and she might have corrected some of it in the system or something????

    Any ideas or knowledge on the process would be much-appreciated.
    (I do intend to call again in the next two consecutive days or so and hope to be able to speak to different IO's to see if I get different info/responses).

    PD: 07/16/2004
    I -140 Approval: 02/20/2007
    I-485 (July 2007) -
    VSC Received Date: 08/01/2007; Notice Date: 10/09/2007
    Transfer Notice to TSC: Receipt 10/9/2007; Notice Date: 10/12/2007
    Biometrics: 11/05/2007

    You could also take an InfoPass appointment and talk to an Immigration Officer face to face to get more clarity on your case.



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  • abracadabra102
    11-19 08:18 PM
    Chris, Can you change the title. This is actually good news. USCIS is coming out with some real solutions now. It is known quite for some time that USCIS data capturing is so poor, they can not sort and order AOS applications on PD. We know how they issued GCs to 2006 PD ahead of 2002/2003 PDs this august. If this email thing works correctly, we can expect steady movement of cut off dates in future instead of wild jumps back and forth.





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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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  • tabletpc
    06-17 01:40 PM
    Been there, done that , do this�!!!

    Long story short. I am not sure if its illegal , but surly it is questionable and could make your immigrations issues complicated.

    I contemplated a lot when I developed the iPhone App. Looking at the number of downloads now , I could have made good money �. but could have been at the cost of some complications. With 485 pending I did not wanted to land into another delay�!!!

    So play it safe for now�keep it as free.


    For those interested in iPhone programming resources�..iTunes has lots of podcast. Stamford podcasts are my favorite.





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  • sanju_dba
    09-27 12:19 PM
    Poll shows 94% of them support this , now what next?
    - is it legit for IV?
    - does it needs to be integrated with IV website?

    Waiting for Admin's reply.



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  • srikondoji
    08-14 02:16 PM
    When will i read this as
    "Special Immigration Relief Measures for non Cubans & non mexicans"
    --sri

    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.





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  • vpadman
    02-09 02:07 PM
    Are there any members from Huntsville, Alabama ?
    It would nice for a few us to meet here and discuss various immigration issues.



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  • Bpositive
    04-03 02:26 PM
    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.

    The lawyer will know the exact deadline...i think it is a little later than the 12 week count...





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  • walking_dude
    11-21 11:08 AM
    Your links are working ,despite how they show up in your post. Click on them and see for yourself!

    Let's work for our cause, instead of worrying about what benefits others are getting due to political reasons.

    Cubans are politically active and highly vocal in advocacy of their cause. Are you?





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  • pmpforgc
    02-08 01:06 PM
    Do you have any tentative dates for travelling ?? How flexible the dates are ??

    BTW - i am not an travel agent nor related to any travel agency

    I am going on 05/24 and coming back 07/16 . going may delayed by day or two if needed but comign date I want to stick to.





    serg
    10-30 08:53 PM
    My lawyer confirmed that we can apply for renewal 6 months prior to expiration date.

    Lawyer? So, You don't believe what was posted on USIS website?





    Janisaris
    12-18 07:47 PM
    I also see lot of LUDs on my I485 application. We filed our application on July 19th but the receipt date is November 1st. We received all our EADs and APs within 3 weeks and got our FP done on December 5th. Since then I am seeing bunch of LUDs on my I485. Even today they accessed my file. I am EB3 India with PD May 2004. My I140 was approved in 2006 and got an LUD on November 11th.

    Just letting you know that you are not alone.



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