Sunday, June 12, 2011

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  • gauravster
    05-01 10:30 AM
    WSJ is already pro skilled immigration and have had numerous articles on the same and keep having it all the time.

    We can write to them to give it more PR. But a lot of readers of WSJ are very anti and all the comments are littered by that stuff. As a result, not sure if someone who reads the comments as well finds the articles helpful.




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  • vedicman
    05-06 11:24 AM
    Bring it on PA, UT, TX (although backing away)
    The more the merrier! This certainly will bring the debates nationally all the time.
    More # of states want to pile on, Fed has to step in - with a ferocious appetite :D




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  • kanyewest
    04-22 10:16 AM
    Thank you for your comments.

    For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.

    I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.

    1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.

    2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.

    Thank you again for your time and recommendations.




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  • ArkBird
    09-11 09:08 PM
    Has anyone recently used AP to enter the US from San Francisco, CA?

    I would appreciate if you can please share your experience and the documents you carried (showed) at the POE.

    Thanks

    I entered USA from SFO on Aug 15 with AP. No questions asked. They only asked for AP and advised me to renew it as the current AP is expiring in December.

    HTH



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  • Pagal
    12-09 10:54 AM
    Hello,

    The campaigns are never wasted ... agreed that we are small in numbers, but it is all the more reason to strengthen the campaigns.




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  • Nagireddi
    03-16 12:09 PM
    You can try Mr.James Eiss. I am very happy with him. His web address is www.usvisahelp.com Good luck.



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  • Ram_C
    11-14 01:43 PM
    Dear All ,
    I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
    1.Am I still on H1 status or the status now becomes EAD ?
    you are still on H1-B, EAD approval doesn't invlidate your H1-B status
    2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
    you need not go to India to get your H1 extension stamping you can as well consider Canada, Mexico, Bahamas etc. you just need to cross the borders
    3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
    There is no time line, however the sooner the better for many known reasons like Job, taxes, credit history to name a few
    4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
    again you can send your original Passport along with application and required documents to nearest Indian Embassy (make sure to check the nearest Indian Embassy facilitates Passport renewals before you send in your docs) also you can attend in person which most folks prefer

    Thank you very much in advance.

    Anci.




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  • harikris
    05-20 08:09 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.



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  • 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.





    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)




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  • Munshi75
    06-06 07:30 PM
    Indian consumers have to bail out Tata soon as the bogus credit rating agencies consider to downgrade its ratings troubled after Tata placed its hands on those two white elephants. Or we can balme it on Ford and Mulay.



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  • EdenMN
    06-12 07:17 PM
    Sorry to hear your situation. Not yet got GC ,inspite of your PD is current ..... consult senators and congraswoman Lofgren.

    BTW sorry to ask ,why your login id Refugee... You are not REFUGEE, you are highly skilled professional , paying heavy tax ....




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  • gc_chahiye
    07-22 11:47 AM
    Generally just filing an H1 extension is orthogonal to filng I-485. However in your case it looks like your I-94 has expired, so to prove your status your lawyer needs to include a copy of your H1 extension receipt



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  • STAmisha
    07-09 05:52 PM
    My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.

    Regd experience, I dont know if USCIS calls an employer.




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  • gk_2000
    08-16 07:12 PM
    EAD??? HAH!! Dream on...

    The 485 wouldn't even be applied for then how EAD would be possible

    Actually all these steps seem meaningless. They should give GC to those who want and are eligible. Period



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  • dixie
    10-02 02:46 PM
    If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.

    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.




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  • qualified_trash
    12-12 03:43 PM
    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
    very true!!



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  • loveNpeace
    08-02 10:29 PM
    Hello,
    okay thanks for your replies..let me reiterate my situation.
    I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

    Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
    Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
    Please help answer my question....

    Thank you
    Tina




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  • masterji
    07-03 07:16 PM
    If you lived more than 6 months outside of India, you can choose any consulate.
    Disclaimer: Not a legal advice
    If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.

    -MN




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  • gcseeker2002
    11-04 02:09 PM
    This is weird. I thought a lot of people have got EAD but did not get AP. Of course some people have got both. Can anyone shed some light on how they approve AP? In what order? I believe quite some people have travel plan during the coming months.
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.




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    08-07 11:48 AM
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    amsgc
    01-31 09:47 PM
    If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html

    As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.

    By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?


    I am planning on taking an interview date in Delhi. I read that for mumbai, you have to drop your docs 1 week prior to your appointment. Can anyone explain the procedure for Delhi, please?

    I am still waiting for it to show the availablity. But I got HDFC receipt from India.

    Once date is shown- I will apply for non immigrant visa on the website. Now will they ask me to put my petition info (I-797) at this time? Or I will just fill in DS 156 and DS 157 forms??

    Once I fill in the forms (with bar code), I will have to take them along in the interview. Is it true?? Or I will have to drop out my docs. at VFS location even for Delhi consulate????

    Please help ppl...this stamping ordeal is taking toll on me now...alas! I was born earlier ;):p



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