Wednesday, June 15, 2011

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  • rajutata
    08-25 09:23 AM
    You can apply for visitor visa and visit canada. if you PR is approved before you need to go to Canada, You do not need any visa





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  • jcrajput
    07-21 03:51 PM
    We are planning to travel India and getting stamped at Mumbai (H1, H4). After taking an appointment, how to send papers to Mumbai consulate from USA? I heard that someone has to go personally to submit the papers. Also, should we send papers to VFS or US Consulate?

    Can anyone please guide or help?
    Thank you so much.
    Jignesh





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  • kamdard
    04-08 11:02 AM
    PD: MAY-2002 (EB3 India)
    I-140/I-485 filed: 28-JUN-2007 (NSC)
    I-140/I-485 RD: 24-JULY-2007
    I-140 Approval: 05-SEPT-2007
    EAD/AP: OCT-2007





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  • sharadara
    09-01 12:05 AM
    Hi,
    Hoping to get your opinion on my situation.
    I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
    What are my options here? Some of the avenues I am exploring:
    a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
    b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
    c. Any other opinion

    I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
    Thanks very much for your help.
    - Sharada



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  • walking_dude
    01-18 04:13 PM
    Great post. Timely too since, most of us here, need to renew EADs/APs soon; keeping the typical 3-4 months of USCIS delay in mind.





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  • bsbawa10
    01-23 06:17 PM
    Since Ombudsman invited these. Here is a very big list of them.

    1. Transparency: USCIS never releases how many eb1 or eb2 cases are pending so things are so unpredictable, no body can expect the time frame at all.

    2. Respect priority dates: There is no logic what so ever in giving green cards to people having priority dates 2006 when the cases with priority dates 2003, 2004 are all pending. Why is priority date even there then ?

    3. Email support and some real customer service: Currently customer service is just getting their pay stubs. They just speak whatever is on the website and have no power at all. Why does this type of customer support even have to be their from the tax payers money.

    4. Update the cases on the website: Often the cases on the USCIS are not updated and people can bang their heads trying to guess what is happening and customer service is as has been described. For eg. my case shows that my I485 case is in California service center whereas I know that it is in Texas Service Center. I have run from piller to post to get it changed including calling customer service many many times, writing letters to Texas Service center, calling Californa service center and Texas Service Center but to no use at all. Atlast I gave up.

    5. Automatic Advance Parole and EAD: Why does USCIS try to increase load for itself ? Is it for making more money or is it to claim that they have a lot of load and then say that they are understaffed? Why not the very fact that I485 is pending should give permission for work as well as permission to reenter the country ?

    Thanks.



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  • GCmuddu_H1BVaddu
    05-20 10:46 AM
    I have completed. :)


    Thanks for the link...Btw are you taking the same class...:)





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  • hsj
    07-10 12:06 AM
    Hi,

    I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires



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  • Tshelar
    06-15 06:05 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.





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  • rbalaji5
    02-09 04:12 PM
    Hi Bojja,

    Do I need a canadian visa to go to Canada.?.

    Thnx.



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  • tabletpc
    08-24 03:08 PM
    Is it true that if we apply for candadian PR we can't apply for visitors visa to cananda.

    I want to apply for PR to canada and also would like to go for stamping to cananda sometime after 4-5 months.

    Thanks in advance...





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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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  • spicy_guy
    09-15 01:27 PM
    If you have not been happy with your employer, kick your employer's butt! :D





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  • new2perm
    05-28 06:33 PM
    I am a July 2007 filer and he expects an RFE for employment verification on my case.



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  • kirupa
    01-04 12:10 PM
    SirDuke - unless it is a library that comes as a part of a Flash install, then no.

    :)





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  • purgan
    02-11 10:39 PM
    I signed as well.

    I also might point out another important angle to this mortgage issue. In the past 2 years since I was still waiting for my green card, I purchased 2 apartments in India. My dollar savings got diverted abroad since I saw no point purchasing in a country where my presence is uncerrtain.


    I am sure there are many others who invested abroad instead of the USA. IV can perhaps institute a poll to see how many people bought abroad and how much they invested. This way there will be a quanfifiable impact of dollars diverted. I am sure it will be in the hundreds of millions atleast.



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  • Canadian_Dream
    04-03 11:00 AM
    1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.

    2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.

    3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.



    Thanks for the information Roseball and CGS. That really helps.

    I take it that it is possible to get 3 years extension without renewing my passport.

    One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.





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  • acecupid
    06-09 12:30 PM
    Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:

    1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?


    2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?

    Please help. Thanks a lot.

    1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
    If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
    You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx

    2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.





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  • chem2
    02-24 09:52 PM
    what am I missing here? other than the hassle of getting paper copies filled out/ printed and the advantage of getting a refund a few weeks earlier, what is the advantage of e-filing?





    gcwanter
    07-26 01:35 PM
    It depends on if you filed the application yourself or thru lawyer authorizing them with a G28

    - if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address

    - if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
    - you can try these things
    - approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
    Hold mail for next x days (whatever maximum)..and renew it once x expires..

    also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.

    these are just my suggestions. not sure that it will work. but if you try any please post your experiences too





    vinay076
    10-31 10:27 AM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:



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