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Friday, June 10, 2011

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  • sbabunle
    07-18 07:07 PM
    Hello Atul

    I agree only crying baby gets milk.
    But only lucky applicants get green card :). Its not based on eligibility alone.
    Now about protests and demonstrations. I dont think it will work in the US for a myriad of reasons.

    I think every year about 30K or more people are coming from India
    on H1B. I think half of them apply for GC. At least 200K Indian nationals
    alone waiting in the line for GC. Why IV has only 5k? We should have atlease 50K members.

    A working plan would be get atleast 100K people to our organization and have everybody contribute $100. That would give us $10Million. We can hire top people and companies to get it done. And donate big funds to these politician.

    What I told is just a dream. Most of us here are free riders. In my company there are 5 people who are affected. I'm the only who checks regulary this site. I have to tell them again and again and again to send a fax or donate.
    So what to do?

    thanks
    babu





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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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  • peer123
    06-11 07:01 PM
    Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT

    Be friendly.... Be Free... encourage people with positive words..





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  • naveenarjun
    09-08 10:45 AM
    Has anyone applied FAFSA or Stafford loan with Parolee status ? , I am planning to apply for my online degree. I have H1B ,but using AP to reenter.

    I had applied for my wife when on parolee status.I guess you would have to been paroled for atleast a year before you can apply.



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  • adde72
    07-05 11:25 PM
    Whatever the conditions put for immigration number of people to work in USA is increasing. Yearly there is 20 to 30% increase in F1 Visa for past 3 years . And 130k H1b applications also tells the story. Still USA is topmost market for India and China. USA depends on India and China. But opposite also true(India and China dependent on USA). The change of equation unlikely for many decades. Many European countries and Gulf countries are giving temporary visa and no green card. Still huge demand for working in those countries. Immigration is USA is for mutual benefit not just for country but also for immigrants. If dollar value goes down 20 rupees then outsourced jobs will come back to USA and Indian economy also will crash. So ,for developing countries welfare USA economy should be stable


    Indian economy is not depend on the dollar value !!!! wake up ..Its not the IT companys any more ..there are infrastructure ,reality and services sectors which are driving india now...our imports cost more than exports ...





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  • ameryki
    01-08 10:14 PM
    People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.

    Look at the "Special instructions" sections of the following URL:

    http://www.uscis.gov/i-485

    so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?



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  • Sandeep
    01-23 09:14 AM
    DO we guys have a plan, a project ?
    How we want to approach these critical subjects ?
    How are we using the funds ???
    The reason why I am not contributing is I dont know where the money will go or is goin right now ????
    -First of all I am happy to note that you said WE guys not YOU guys.
    -Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
    -The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
    -The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
    -Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
    If you want me to call and explain this, send me a PM with your phone number.





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  • SGP
    12-11 04:03 PM
    My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.

    Thanks in advance.

    Which center did you apply to? I had applied to VSC for my H1 renewal under regular processing (9-12th year) RD Aug 5, 2010. The case is yet under initial review.
    Secondly, I have also applied for H1 transfer with CSC RD Oct 27, 2010 again under regular processing. The case is under initial review.
    I have heard H1 extensions & transfers are taking anywhere between 4 to 6 months.



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  • Hope_GC
    07-17 07:47 PM
    Really Thank and Appreciate Mr Gonzales.





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  • nisthana
    02-18 06:11 PM
    Thanks for replying. I just came back from the court and got back the following
    1. Court certified copy of the complaint
    2. Court certified copy of the whole case docket
    What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
    Does this help in this matter?
    I am going to consult an attorney but does anyone know what could be attorney charges in such case?
    I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.



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  • GCAmigo
    09-30 05:24 PM
    Hi,
    Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. .

    Mine is rotting in Atlanta since last Nov.. courtesy Fragomen..

    Good Luck





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  • gcisadawg
    01-09 11:44 AM
    marty,

    That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.

    Thanks,
    Seyed



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  • raydon
    09-30 01:55 AM
    The processing times for I-140 applications in the TSC show no change since the last update. Are there any changes in the NSC processing times ?

    I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.





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  • here4gc
    07-17 12:46 PM
    Can we get all pending I140 (Stuck from July) and all pending Eb3 and Eb2 (Whose PD Current and no I140) to collaborate and lets talk about a mandamus class action with all of us being members of the class ??

    Come'n guys, show some traction...lets FIGHT



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  • YesGC_NoGC
    02-18 01:25 PM
    No 2nd FP

    PD - Sept 2002 - EB3-I





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  • tikka
    05-25 10:22 AM
    Please send the Web Fax.
    It takes only a minute.

    Thank you



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  • pkjena
    10-17 07:44 PM
    I am one of the July 2 filers. I need to go to India on 1st November. I was hoping that AP will come by that time. But there has been no progress on that. Just spoke to my Attorney. She said that USCIS does not have any facility to issue AP for an emergency.
    Then I called USCIS. I was told the same thing. The Customer Service representative said - I should go wherever I need to go. On arrival contact the local US Embassy and tell them that you need AP to travel back. They will "guide you".
    On this forum I have read about INFOPASS many times. I was hoping to use that facility if I did not get AP in time. I am trying to find out if anybody actually used INFOPASS to meet a local Immigration Officer and got AP on an emergency basis.
    No theoretical guesses please.
    Thanks





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  • WAIT_FOR_EVER_GC
    09-05 09:12 PM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Here is the scenario
    When you left the country you must have handed your I-94 to the staff. This information
    will be in the system, when you arrive here on GC they may let you in without any problem or can question you how you are approved while being out of country.

    AOS(adjustment of status) means that you are adjusting from H1-B or whichever visa you have to permanent residency. For this adjustment you have to be in the country.
    If you had opted for conseller processing than things would have been different.
    You applied to Adjust within the US. here is where the issue is....

    Consult a good attorney before taking a step, because in the long run when you apply for your citizenship they may refuse it and send you back.





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  • meridiani.planum
    12-14 12:33 PM
    - Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?



    Its going to be very hard trying to evaluate a 3 year degree to a 4 year BSCS. You can atleast talk with the person recommended by CPUwiz and see what she thinks...


    - If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?


    I doubt if this double dipping is going to work...


    - I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?[/COLOR]


    LCs expire 180 days after their approval, so you have until Feb next year with this LC. However from what I know you need an approved I-140 to interfile with an existing 485 case. dont know if you can interfile an I-140 which is still pending. talk to a good immigration attorney.





    thomachan72
    04-19 07:48 AM
    Please change the color or font. Its giving the feeling of getting a slap

    Please concenterate on his message. It seems very important to the person who asked the question.





    franklin
    07-21 08:33 PM
    I did a very similar thing.

    My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.

    Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).

    I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.



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