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  • camarasa
    07-23 11:26 PM
    Take alternative opnion from good Attorney and take a chance.

    "Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.





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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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  • micofrost
    07-17 10:46 PM
    Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.
    Thats why I degraded my cable service so that CNN will be blocked.





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  • diptam
    02-18 05:38 PM
    I've given you the details as a personal message (PM) in IV. check that and reply me there or to my email address. I will do the best that i can legally.

    Thanks,
    Diptam

    Thanks Pritam , can u give me u r email id so that i can share resume



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  • bsbawa10
    05-10 09:08 AM
    since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!

    I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.

    Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.





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  • boston_gc
    01-20 06:40 PM
    Folks:

    I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:

    1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
    2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification

    I also read somewhere that there is a way to get PIMS verification done while in US.

    I will appreciate your responses.



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  • Mik3
    03-07 10:29 PM
    I vote that mIkedave drives to a Sony of America headquarters and gives them that because that is darn good!





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  • yabadaba
    06-29 02:13 PM
    bumpabaump



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  • prouddesi
    09-10 05:57 PM
    Dear Members,

    IV recommends that you wear IV T shirts for the Rally.

    Here is a link to buy IV T-Shirts for the rally.
    http://www.cafepress.com/immivoice/

    If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:

    http://www.cafepress.com/immivoice/3465245

    Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
    Hi,

    I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.

    Thanks.





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  • arunsarun
    05-23 11:00 AM
    Got it approved for 3 yrs (L1A to H1B)....... still couldnt believe that i won the lottery.



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  • Queen Josephine
    July 26th, 2005, 05:20 AM
    Well, you got me started on something new Gary.... Since I don't shoot in raw format, I have never processed RAW before in photoshop, so I had to first download the most recent version of the raw plug-in.... and what fun! But since I have never played with it before, I'm still experimenting. Thanks! You've opened up a whole new world for me! :)





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  • Sakthisagar
    05-19 09:27 AM
    That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.

    I read a poem by V.Sundaram about our incompetent do nothing PM of India (


    We have a �powerless� Prime Minister
    Who often declares
    I know nothing about Spectrum Scam,
    I do nothing about Spectrum Scam,
    I do not know that I do nothing,
    I do not want to know,
    That I Know Nothing and Do Nothing,
    I do not want to know,
    That I do not want to do what I am not doing.

    Why should I know anything,
    When my supreme �Secular� leader,
    Omnipotent Omnipresent Omniscient,
    Mother Superior Super Star
    Anoints everything,
    Announces everything,
    Applauds everything,
    Approves everything,
    Knows everything,
    Detects everything,
    Directs everything ,
    Does everything.
    For you and me and all
    Is she not EVERYTHING?
    Pleads the Prime Minion Blue Turban :(



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  • FinalGC
    07-10 05:47 PM
    a1b2c3....hang in there.....Sept might bring more good news.......

    Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)





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  • sundar99
    02-12 01:59 AM
    Folks,

    Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices



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  • hoolahoous
    05-27 12:49 AM
    ...I like the attitude :)

    i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
    so dream on..





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  • edaltsis
    04-23 11:55 AM
    Oflate there are quite a few incidents that USCIS has issued RFE's for change of address. I read them on IV Forums and my cousin/ few friends whom I know got RFE's for change of address reason. They send an RFE asking if anything has changed in the employment status (if so it means you need to file AC21) or prove your current employment. Some cases I heard got 485 denials without sending a RFE...this will make one to run on their toes for no reason.

    It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.



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  • gultie2k
    07-07 11:37 AM
    Kalyan, sorry to hear your case.
    What reasons were you given for the denial of your case?





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  • doesntmatter
    05-20 05:21 PM
    Background:
    No AC-21 same Company 1 since beginning of labor & No Address change (6 years)
    No Notice of Intent to Deny; Straight denial notice in around 8 business days
    EB2; Priority Date: Mar 14 2005
    LC: Approved Mar 2007
    I-140 Approved May 2007
    1-485 Applied Aug 2007
    First RFE: Only G325
    Second RFE: 4 Items
    1. Signature issue in Medical forms - redid the forms
    2. Criminal records - got a certificate of "No Records" from the courts in the cities I lived in the US
    3. Travel dates since the first arrival at USA - furnished all of them
    4. Document evidence that USCIS authorized the work between Aug 2002 and Sep 2002
    What happened in that time?
    Was with Company 2 on L1-B
    L1-B was about to expire by Aug 29, 2001;
    Applied for L1-B extension on Aug 3, 2001;
    RFE on L1-B extension on Feb 23 2002;
    Response submitted for RFE on Mar 3 2002;
    NO RESPONSE TILL SEPTEMBER 2002
    Apply for H1-B with Company 3 on August 20, 2002;
    ATTACHED A COPY OF THE ONLINE CASE STATUS INDICATING THAT BCIS IS STILL WORKING ON THE CASE AND REQUESTED AOS FROM L1-B TO H1-B
    Sep 2002 - H1B Approved; Was asked to go back to home country to obtain AOS;
    Obtained H1-B visa and travelled back June 2003;
    Transferred my H1-B to my current employer (Company 1) and applied for labor certification with my current employer by Mar 25 2005;

    FURNISHED THE COPY OF THE H1-B PETITION in my response.

    Denial Notice was sent out today (have not received it yet).

    Is it possible that USCIS finds me ineligible for AOS based on:
    Normal Eligibility Standards of AOS under Section 245(a)
    Alien must be �eligible� for immigration; and
    Ineligible classes
    Alien was employed in the United States without USCIS authorization prior to filing AOS application;

    If so:
    1. Will I be able to do a MTR or an appeal?
    Or
    2. Is a lawsuit the only way to go since I will not be allowed to appeal?

    How much time do I have and in general - experts who have dealt with situations like this before, REQUEST YOU TO PROVIDE ADVISE ASAP.

    P.S: I do have a lawyer and I am talking to my lawyer for legal advice. The reason I am here is I am not getting all the answers from my lawyer and yes I am looking for another good lawyer. I am also talking to a re-location company and getting quotes to travel back to my home to be prepared for a worst case scenario.





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  • sss9i
    07-20 11:37 PM
    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.





    nyte_crawler
    03-06 02:08 PM
    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved





    lostinbeta
    10-15 10:18 PM
    I watch it =)

    Haha, just kidding, my niece watches it :) :P



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