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  • smuggymba
    09-24 12:15 PM
    Hi guys,

    My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
    We really want the OPT option that F-1 gives.
    Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?

    Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.

    We are very worried. Please help.

    best regards,
    Rajesh

    For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.





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  • Blog Feeds
    05-22 01:10 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.

    Requirements

    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.







    More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)





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  • madhu345
    12-12 02:59 PM
    You can get it corrected at any local USCIS offices. But its time consuming effort.





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  • svm
    08-31 12:10 PM
    I am also in the same boat. I am Aug 2007 filer. I got an interview at local office on Feb 2009 to check on my vaccination papers.. They told me my papers will be at their office until the dates become current, and that they will issue Finger print notice before apprving the case(when the date become current) that as my FP was close to expiry then. They gave me a letter that said only contact them 30 days after the dates become current. I havent got the FP notice yet. Not sure if I should contact the local office.



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  • thomachan72
    01-21 09:57 AM
    Is this predominantly affecting those on consulting jobs?





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  • reverendflash
    10-28 10:04 PM
    I know how you feel...

    I just had a $5k client "crawfish" on me...

    It wasn't totally his fault, he went out of business... :*(

    I didn't do a lot up front, just becuase I was concerned about getting paid... I still lost money... :*(

    Oh well, back to the streets to drum up more clients...

    ::holds up a sign that says "will make web site for food" ::

    Rev:elderly:



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  • learning01
    05-11 01:14 PM
    http://cpr.org/listen/
    and click any link under KCFR. Program going good.





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  • tammman
    10-09 03:08 AM
    So does CA....



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  • LostInGCProcess
    11-13 03:43 PM
    With his executive power he could expedite the adjudication of I-485. Call President Bush. :D





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  • jthomas
    05-15 01:08 AM
    I am not sure but i don't think you should have any problem when applying for ARRA nor unemployment. In CA the employer pays 220 dollars(2/3) and i have to pay $100 per month(1/3) . The employer gets 2/3 of the paid insurance by claiming on tax return. I think it is a federal benifit added by Obama during this recession.
    however you would 90 days time to think if you want to take AARA.

    Also check with your immigration attorney as well as other IV members.

    Source:-
    I am laid off from last 7 weeks. I did not take ARRA since i don't think i would be sick till i get another job. If i am sick i can still manage with local desi/mexician doctors who charge a small fee. I took unemployment Insurance and i am getting unemployment cheques. The only change is that instead of offering 54 weeks (as in CA) they are offering around 28 weeks since we don't have green card/citizenship.
    One of the IV member, I know took Uninsurance benifits. He got 30 weeks of UI whereas the state gives 59 weeks of UI.
    the extended UI is a part of federal benifits and we don't get it. Unemployment is a insurance and we are paying from every paycheck we get.
    If you are thinking of taking UI please PM me for more information.

    J thomas


    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S



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  • tiger05
    03-01 07:45 PM
    Hi Rocky,

    Thanks for your reply

    Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.





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  • gimme_GC2006
    09-06 08:06 AM
    For USCIS all desi's lookalike :p

    hehhehhe..good one :D



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  • rbharol
    09-26 08:37 PM
    I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
    be changed.





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  • mlkedave
    03-10 10:18 AM
    alright guys it look like this battle is dead... should we close the thing and put it in completed battles or u guys want to keep it up a while longer?



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  • vidhyajagi
    08-16 03:17 PM
    You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.

    Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.





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  • rkotamurthy
    09-30 12:13 PM
    Bump ^^^



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  • paskal
    11-09 03:43 PM
    What main theme do you expect for probable resume?

    if you have a resume, we'll just ask you to send it along
    as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
    we are not really interested in your GPA (superlative as i'm sure that is!) :D





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  • anilsal
    10-30 11:42 PM
    USA Today is posting messages that are valid. I posted my story and it has been posted.

    If you are reading this thread, please post your story at:
    http://blogs.usatoday.com/oped/2006/10/immigration_is_.html

    Just imagine what a story in USA Today will do to our cause. It is a national news paper.

    Look at what an American Professor has to say:

    =====================================
    There is a cry going around the country regarding the lack of American students opting to enroll for advanced degrees in the field of math and science.

    At first I was cynical about this news and was quick to dismiss it as elitist and corporate propoganda directed purely to hire international workers at lower wages. But to my disappointment the facts are staring me right in the face in this regard.

    I am currently employed as a professor in the electrical engineering dept. of a accredited university and I am sad to see American students no longer aspiring to get advanced degrees in science and math oriented fields.They enter the workforce after getting a BS and after working only for a couple of years change their career track either to sales/management/marketing.

    This has resulted in a huge vacumn in the research programs of most universities which is being filled by international students. Most of these international students complete their advanced degree with the help of scholarships and financial aid offered by the university.

    This aid is available for American students on a priority basis in most institutions around the country but there are simply not enough American students up for it. Also due to visa restrictions these very students are not able to get jobs in the US quickly and as a result leave our system with precious knowledge to create wealth some place else in the world.

    I understand that we are losing jobs due to outsourcing and offshoring, but that can't be avoided in a globalized economy. On the other hand there are enough jobs being created for advanced degree holders in science and math oriented fields like engineering and human sciences in the US economy.

    The most disturbing aspect in this discussion is the scientific accompalishments by America put forward by many people as examples to show that the American educational sysems is hale and hearty. Many people are still harping on the man on the moon issue even after 30 plus years. They should realized that this is a thing of the past and we cannot rest on our laurels.

    Legal high skilled immigration should be encouraged as it is by other nations like Canada and UK. We should not lose this fight for global talent or else we will not be able to recover from this loss for a long time.
    Posted by: kennytownhall | Oct 30, 2006 2:23:55 PM
    ================================================== =





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  • eucalyptus.mp
    02-17 04:33 PM
    Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?





    chanduv23
    12-11 06:47 AM
    25,000 members, every day request to raise $30,000.

    Why not happening? Even every member contribute $2, it becomes $50,000.

    The question comes to whom contribute? This web site does not belong to me. If some question is in my mind, I can't start a thread. Which individual/group it belongs to? Who can start a thread? For the last 2-3 days, I am trying to find answers.

    How many members are active? Is it or the orders of tengths or hundreds or thousands?

    If with 25,000 members, raising $30,000 is difficult, there is some problem. One of the problem defenetly it is not open - even I asked, how can I start a thread, I did not get answer.

    I think, core team to get into action to motivate people - as an example I am now so much demotivatied that thinking not visiting this site.

    Core team firefights members all the time and puts off flames and at the same time runs the organization. Their dedication has always been extremely high.

    Just because your question is not answered, does not mean there is something wrong in the organization.

    IV is a volunteer organization and everyone are unpaid volunteers. We do not have a full time professional who works for money here who can attend to customer service calls on a 1-800 number.

    If people are not contributing, does not mean core team has to be blamed. If you have noticed, there is a surge in contributions.

    Yes, in an ideal world, 25000 members contribute, we have no issues. Can you take up some responsibility and run the finding drive? People are taking turns to run the funding drive. You are most welcome to help us. If you can convince 25000 people to contribute, it will be awsome





    andy garcia
    08-15 09:07 AM
    If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up

    You are correct. This Fiscal Year they followed the law accordingly.

    INA -ACT 202 specify clearly:

    (A) EB IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.



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