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Wednesday, June 8, 2011

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prdgl

02-10 10:32 PM

Thanks for the suggestions.

I have been breaking my head with this for quiet a while.

But what Ulterior motive can my employer have. Is he trying to lock me up with his company for years, becuase if he doesn't give me a copy of LC or I-140 then I can't really change jobs which is not nice.

Also i heard that if "I" pay the attorney rather than my company paying, I will get to have a copy of what ever i do with my attorney. Is that right ? My current employer pays for entire GC while the new employer asks his employees to pay for it.

Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.

Thanks

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SunnySurya

08-21 03:15 PM

Thanks, I gave you some green dots for your answers.
You asked about my age: I will be 40yrs old this December. I came here when I was 29.
Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.

1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.

2)As someone suggested Real Estate is another option

3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.

Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?

Do not know your age, could be mid life crisis :D think about it....take a vacation....

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CatsintheCraddle

05-04 04:59 PM

No, the I-130 was never denied, I don't think it was ever approved either though. I have receipt notices for everything we applied for but on the website, I can only check updates for my EAD (forgot the # of form) and my I-485.

The letter of denial states it's my I-485 that has been denied, there is no mention of the I-130. Of course it then goes on to mention that any EAD's travel docs. etc have been revoked. I can not appeal the decision but I'm allowed to reapply or file for motion to have case re-opened.

I am worried about what box to check but I'm going to an info pass meeting tomorrow, I'm hoping they can help me with that.

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MYGCBY2010

07-27 04:21 PM

I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
Also remember, G639 form is for FOIA request for USCIS only.
You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS

Did you put in your A# OR THE Petition Number 3 in that form. Please respond.

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immigrant2007

09-15 10:02 AM

NO We won't do anything. we will jsut browse this site and fight with each other but we have decided to do nothing. We are good at writing but we are better at doing nothing. We have lots of guts and experience in doing nothing and we have deiciced to wait and watch and get our GCs by doing nothing so don't ever hope that we will do something as it is true won't do anything

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dvb123

11-21 10:57 AM

Cubans and their family members need not wait in line to get green card.

http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-22679.htm

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sk2006

08-19 01:34 PM

Intehan,
Thanks.

IV is great..

There are a few suckers who gave me red dots for this post.
This was my first post and I dont think I wrote anything offending.

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ubetman

08-04 01:09 PM

Hi,

My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...

USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..

thanks in advance..

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simple1

05-11 02:20 PM

I already did, thanks.

Kindly note:
This thread is a question to Lawyer requesting advice from IV forum attorney.

This is not the original thread for member / donor discussion.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449

http://www.visalaw.com/teleconform.html

Please post and email this question at the above teleconf..

I already did.

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mattresscoil

10-18 08:48 AM

My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
Interview letter says bring following documents:

All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.

I have few questions on this:

1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?

Also if you have attended interview in San Jose field office, please share your experience.

Thanks.
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.

2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.

3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.

4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.

Good luck and let the group know what happens.
Thanks, Mattresscoil!!

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gk_2000

08-18 02:40 PM

Nope they don't have any US local channels....i didn't get any signal at my place (North facing patio)..so for Indian channels thats the best option for me...earlier i had cablevision and they offer 4 channels (actually can only count 2 sony and zee the other 2 are ok) for $20 so 44.99 for 8 channels is a better deal there are no fees or taxes in NJ so 44.99 is final bill...also i am planning to buy Indoor Antenna (Terk HDTVa) for Local channels which will suffice my TV needs....i think :-)

Indoor antenna: I have tried them all. And returned them. They're no good

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shivaniraina

07-21 02:20 PM

You are exempt from the cap:) . Your immigration lawyer can confirm this.

I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.

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wa_Saiprasad

07-11 03:44 PM

This is a very interesting thread. People PLEASE USE THIS LINK and lets all email / send a letter to Mr. President and Mr. Vice President.

IV Core Team, please draft a template so that everyone could use.

Thanks Mihird for finding this link. Great Job!!!

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David C

August 16th, 2005, 06:46 PM

Gary, you never happened to mention if you reached any conclusions regarding optimal workflows for the processing of white flowers etc??

Why 61,000 Visa Recapture Exclusively for Nurses is bad for EB3 IT guys [Archive] - Immigration Voice

View Full Version : Why 61,000 Visa Recapture Exclusively for Nurses is bad for EB3 IT guys

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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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chanduv23

10-02 04:56 PM

^^^^^^^^^^^

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reddymjm

08-19 01:18 PM

As there might be people who will be adding spoues or filing new 485 applications. This will help.

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h1techSlave

01-08 03:05 PM

from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false

Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.

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bidhanc

03-07 10:28 AM

You will get an RFE from USCIS.You can reply to the RFE with the Medicals.
Hi,
Yes, I am aware that once we get the RFE we could/should send the Medical papers.
My Q is more of pro-actively sending in the Medical Papers as they will expire by June 2008 and we are not sure that there will be an RFE before that.

Thanks

eucalyptus.mp

02-18 09:02 AM

As my employer is asking me to go back to India , what options I am having to get extention ? Can I file GC my own ?

sats123

03-11 01:29 AM

My AP was mailed by USCIS in January and I never received it. Called USCIS customer service, they said I need to apply again by paying $305 again. Called up USPS and they cannot find it, USPS said they will be sending me apology letter.

Did any one lost AP in mail, did any of you refile again.

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Wednesday, June 8, 2011

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