Thursday, June 9, 2011

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  • Berkeleybee
    03-15 12:09 PM
    Much faster if you go directly here

    http://www.gao.gov/new.items/d06259.pdf

    Not good for us, if this means that they will stop processing things as they sort this out.





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  • theoyilma
    09-10 01:01 PM
    Thanks sbmallik

    If I was already on H1B right now, I know I would be able to extend my H1B visa until I get my green card. But, right now, I am on TN visa. And also I have finished the 6 years quota on H1B. So, I was just wondering if I can apply again for H1B. I have been on TN visa for about a year and half. I was just wondering, the fact that I haven't been on H1B visa for more than a year, would qualify me again to apply for H1B.

    Thanks again!!

    Theo





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  • JunRN
    07-17 01:59 AM
    All I can expect at best is that "extend up to August"....meaning, from July to end August...but will it be "current"?





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  • lazycis
    12-03 10:20 AM
    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.



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  • pappu
    02-11 10:23 AM
    On the contrary I think IV forum can be stress relievers. One can share their pain, anxiety, news and questions with other people in the same boat.





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  • Doom
    07-18 03:18 PM
    1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
    3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes



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  • bidhanc
    09-22 03:40 PM
    Hahha...that was funny.
    You think God has the guts and come do battle with USCIS??? :)

    Another bizzare behaviour with Renewal of Efile EAD....

    My 2 cents is just send them what they need....they have specifically asked us not to send photos when e-filling and now they raise an RFE coz u did not send photos...

    God come down to earth and save us from this atrocity....





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  • immig4me
    11-03 11:05 AM
    Interesting...
    1 way plane ticket - a maximum of $500-1000.
    Put them in a police bus/army truck = 50-100 per head
    Finding the criminals = priceless!

    Couldn't resist :D:D



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  • GreenLantern
    06-06 11:55 PM
    Hey lermit,

    Thanks for your interest. Unfortunatly, I am pretty busy at the moment. I can't help you out at the moment, but maybe later.

    Tell me about the TGG team? What are they? What do they do?





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  • jazzy2
    10-22 11:17 AM
    EB2 RIR - india, PD MARCH 2003
    BEC, philly. LC approved April 2007, June 1st filer
    thanks



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  • vikaschowdhry
    06-02 07:04 AM
    Yep - she has an MBA from here. So there are no requirements for how long passport needs to be valid for at the time of H1 application? I searched for any rules regarding this on their website but came up empty.





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  • EndRetro
    03-08 09:38 AM
    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/



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  • prasadn
    01-07 04:10 PM
    Thank you.. I guess i will just mail my application... So if my application is received before end of OPT date..That would be fine right.. I hope it doesn't matter when they start processing ??

    Could someone answer my below question please ??

    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date

    Thank you...

    I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.

    Hope this helps.





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  • capriol
    04-14 06:46 PM
    Dear Friends:
    I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
    As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:

    (a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?

    Please advise, and that would be so appreciated. Regards.



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  • GCBy3000
    11-29 11:37 AM
    Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.

    NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.

    How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
    Thanks





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  • crsna
    12-21 09:26 AM
    Hello, I live in Indianapolis and i would like to be a part of the Indiana Group. Please count me in whenever you are meeting



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  • moclutch
    03-06 01:23 AM
    Thanks to all the well wishers and a hopes for a speedy completion for all those still on the journey!





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  • narendra_modi
    03-04 10:07 PM
    i smoke GANZA..pl. mind your business..
    Bidi, I guess.





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  • bekugc
    07-18 03:08 PM
    These are the times when things pple do are either legal or illegal. (its hard to say if its right or wrong)

    if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!

    if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.

    :-) why get mad and just blame one person?





    go_gc_way
    09-10 07:51 AM
    Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.

    Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.

    Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.

    Great job.





    Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.





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