arnab221
11-02 12:42 PM
There we go again .. So much Hoopla.. and then we are back to square one .. Thats Normal these days .
augustus
07-17 05:57 PM
I am overjoyed to the extent of tearing up!! I cannot thank IV and all the people who have made an effort at turning this table.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
WaitingForMyGC
04-30 10:40 AM
You are there for a long wait..mine was filed in dec and still pending.
maddipati1
08-21 10:38 PM
mine gave only until the expiry of PP
more...
hopelessGC
05-04 11:40 AM
i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.
i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.
AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.
my experience with AR-11 was good. but make sure to complete the second step for pending applications.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.
AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.
my experience with AR-11 was good. but make sure to complete the second step for pending applications.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
kriskris
02-24 04:10 PM
In 2-3 weeks span..
Can you please tell us the IRS address where you sent the request for updating ITIN with SSN.
Can you please tell us the IRS address where you sent the request for updating ITIN with SSN.
more...
jonty_11
07-11 03:07 PM
as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...
eb3_nepa
06-09 01:39 PM
When discussing premium processing, capitalism etc categories, we should not forget that USCIS is a monopolist. There is no alternative, hense all screw ups, "premiums" etc. Capitalism has nothing to do with USCIS. This organization is a typical crippled socialistic child.
I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.
I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.
I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.
I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.
more...
satyasaich
04-23 12:42 AM
You are correct.
Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
thamizhan
07-17 10:32 PM
http://www..com/
more...
continuedProgress
06-08 02:35 PM
My $50 (3626-8870-3772-9306) for this effort.
smartboy75
11-02 02:25 AM
next time make sure only news pertaining to smartboy is posted...all else can wait...hail smartboy
cjain...
Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...
I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...
Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...
cjain...
Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...
I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...
Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...
more...
GCcomesoon
03-16 03:54 PM
Hi
It seems like we all have to wait till march 27th to understand the impact .Please make us understand how this makes good news for legal immigrants.There is no mention of any thing here.Frankly in the last 10 days after this bill started getting discussed, we have hardly heard anyone speaking about us.Its only guest worker,illegal immigration,border security.
Its not being pessimistic here ,Please give us some realistic picture.
We all understand & appreciate each other efforts,time,money spend in this cause.Especially hats off to Voice team.
Lets hope we all the see the fruits of "labor" soon
Thanks
GCcomesoon
__________________________________________________ _______________
pilid
Junior Member Join Date: Mar 2006
Posts: 3
--------------------------------------------------------------------------------
Not to be pessimist but I tend to agree with learning01 that Nothing is going to happen. This is election year and it will be difficult to get such sweeping and comprehensive legislation passed. Having said all this, I will continue to support IV as I think these efforts will eventually pay off.
learning01, I laud your efforts. However, I am not sure what incentive any employer has to really help with this cause. Sure worth trying though.
Quote:
Originally Posted by learning01
Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.
I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.
I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.
I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.
pilid
View Public Profile
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#14 Today, 09:18 PM
beppenyc
Senior Member Join Date: Jan 2006
Posts: 51
--------------------------------------------------------------------------------
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
beppenyc
View Public Profile
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#15 Today, 09:43 PM
ragz4u
Super Moderator Join Date: Dec 2005
Posts: 183
Looks like the committee has brokered a deal :)
--------------------------------------------------------------------------------
Quote:
Originally Posted by beppenyc
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
Check out the following article from the OC register here http://www.ocregister.com/ocregister...le_1053340.php
If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!
WASHINGTON – The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.
Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.
No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.
But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.
Early this afternoon, Frist announced his intention to introduce a bill before next week’s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist’s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader’s measure.
The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.
For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.
Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.
The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.
Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.
Not all members of the committee agreed with these compromises.
Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.
And several committee members most opposed to a guest-worker program – most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.
__________________________________________________ _______________
It seems like we all have to wait till march 27th to understand the impact .Please make us understand how this makes good news for legal immigrants.There is no mention of any thing here.Frankly in the last 10 days after this bill started getting discussed, we have hardly heard anyone speaking about us.Its only guest worker,illegal immigration,border security.
Its not being pessimistic here ,Please give us some realistic picture.
We all understand & appreciate each other efforts,time,money spend in this cause.Especially hats off to Voice team.
Lets hope we all the see the fruits of "labor" soon
Thanks
GCcomesoon
__________________________________________________ _______________
pilid
Junior Member Join Date: Mar 2006
Posts: 3
--------------------------------------------------------------------------------
Not to be pessimist but I tend to agree with learning01 that Nothing is going to happen. This is election year and it will be difficult to get such sweeping and comprehensive legislation passed. Having said all this, I will continue to support IV as I think these efforts will eventually pay off.
learning01, I laud your efforts. However, I am not sure what incentive any employer has to really help with this cause. Sure worth trying though.
Quote:
Originally Posted by learning01
Newt said Nothing is going to happen on this Specter or any other immigration bills in Senate. The conference with House will not agree to anything.
I also sincerely believe that Nothing is going to happen I say, these senators are doing CYAs; they will bitch it to media, their constituents, hey look, we did attempt these immigration reforms.
I am talking from my long experience and wisdom and take it from me. The only force that can improve the pitiable conditions of Indian and Chinese due to retrogression and lack of visa numbers is the big corporate employers . Each one whose LC is approved, whose I-140 is approved, who is waiting to file for adjustment of status AND who are indispensable to the employer / work at this stage should write to the HR/ Immigration/ Attorney.
I am in such a position. I am a technical lead in my IT department. PD Nov 2001. I write about these issues and the difficulties once in a month my team manager, or project manager or Immigration department.
pilid
View Public Profile
Send a private message to pilid
Send email to pilid
Find all posts by pilid
Add pilid to Your Buddy List
#14 Today, 09:18 PM
beppenyc
Senior Member Join Date: Jan 2006
Posts: 51
--------------------------------------------------------------------------------
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
beppenyc
View Public Profile
Send a private message to beppenyc
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Add beppenyc to Your Buddy List
#15 Today, 09:43 PM
ragz4u
Super Moderator Join Date: Dec 2005
Posts: 183
Looks like the committee has brokered a deal :)
--------------------------------------------------------------------------------
Quote:
Originally Posted by beppenyc
I tend to agree too that nothing will happen, too much talking, too much BS, but, I can only hope that the republicans know that they can loose the house control, so, maybe they will prefer to have something more conservative than nothing.
Check out the following article from the OC register here http://www.ocregister.com/ocregister...le_1053340.php
If this is true, this seems to be good news for us. The McCain Kennedy bill is the most pro-immigrant of the bills and if thats what becomes the Comprehensive Immigration Bill, we all might end up happy!
WASHINGTON – The Senate Judiciary Committee today reached agreement on proposals for a new guest-worker program and a plan to allow the estimated 12 million illegal immigrants living in the United States to become permanent residents.
Less than 24 hours after most experts and Capitol Hill watchers believed the committee would be unable to get a bill to the Senate floor by Majority Leader Bill Frist's March 27 deadline, committee Chairman Arlen Specter had brokered deals between some key senators on the complex issue.
No formal votes were taken and committee staffs were preparing to spend the next 10 days drafting language that would put in place the compromises reached. It appeared that at least a dozen of the 18 members on the panel would be prepared to back this deal. The committee plans to meet first thing in the morning on March 27. It is not yet known whether Frist will allow the panel to finish and send its bill to the Senate floor or if he still plans to bring up a more limited, possibly enforcement-only measure.
But even if nothing scuttles the compromise between now and when lawmakers get back from recess, and if the Senate passes a bill with these elements, there would remain a steep battle to get agreement from the House. The House passed an enforcement-based measure in December that doesn't include a guest-worker program or a plan for undocumented immigrants in the United States now.
Early this afternoon, Frist announced his intention to introduce a bill before next week’s recess that would deal with enforcement of immigration laws but will not include any of the controversial guest-worker or illegal immigrant provisions. Officials in Frist’s office say he is doing this to ensure that there is a bill ready on the floor if the committee fails to pass one. If Specter does get a bill out of committee, said Frist press secretary Amy Call, that could be substituted for the majority leader’s measure.
The most likely scenario, said ardent supporters of immigration reform who were pleasantly stunned by today's events, is that this will end in a stalemate, only to be brought up again in the next Congress. But they say it's important that the Senate go on record as supporting comprehensive change.
For the first time, Specter, R-Pa., who said he spent hours on the phone last night with Sen. Edward Kennedy, D-Mass., agreed to Kennedy's plan to deal with the estimated 12 million illegal immigrants. Specter would have allowed these people to work indefinitely but not get green cards. Kennedy wanted to give them a path to legalization.
Specter agreed this morning with Kennedy's approach, provided that these illegal immigrants would not be able to start legalization proceedings until the backlog of 3 million people now waiting in countries around the world for their chance to come to the United States legally get their green cards.
The deal reached on a new guest-worker plan says that 400,000 new guest workers would be allowed into the country each year. Under the proposal authored by Kennedy and Sen. John McCain, R-Ariz., that number would have been unlimited. But Kennedy, a senior member of the Judiciary Committee, agreed to a cap and also agreed that after working for two years, these new guest workers would have to go back to their home countries and reapply for another stint as guest workers, one that could last up to six years. But first they'd have to stay in their home countries for one year.
Built into this compromise, however, is a chance for these workers to get a waiver and not go home based on how long they have been employed here or if they are considered essential to a U.S. employer's business.
The plan also allows guest workers to apply for permanent U.S. residency, something not included in either Specter's bill or the other major proposal under consideration, the bill by Sens. John Cornyn, R-Texas and Jon Kyl, R-Ariz.
Kennedy essentially compromised with Cornyn, who chairs the immigration subcommittee. The deal takes parts of each of their proposals.
Not all members of the committee agreed with these compromises.
Kyl said he still believed the illegal immigrants would get preference over those waiting legally in line overseas because the undocumented would be able to stay in the U.S. and work until their turn at a green card came. Those waiting to come here legally don't have that option, he said.
And several committee members most opposed to a guest-worker program – most notably Sen. Jeff Sessions, R-Ala., were not at this morning's session.
__________________________________________________ _______________
nk2
05-05 11:03 PM
You have successfully signed up for a subscription to Secure $50 Per Month Recurring Contribution using PayPal.
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Your first subscription payment, for $50.00 USD, has already been sent to Immigration Voice.
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Date of sign up: Apr. 27, 2009
Subscription Name:
Secure $50 Per Month Recurring Contribution
Subscription Number: S-4CD34410RR712362G
Secure $50 Per Month Recurring Contribution Subscription Terms:$50.00 USD for each month
Your subscription will automatically renew at the rates stated above unless you cancel prior to the end of the billing period.
If you have any questions or concerns about this subscription, please contact Immigration Voice.
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ramaonline
03-27 10:55 PM
$50 from me
Paypal tx 1PM83845HD6289400
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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)
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)
more...
snathan
09-02 10:41 AM
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.
transpass
04-23 09:34 AM
Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
ufo2002
09-11 04:48 PM
The BPCs fall under USCIS control? I didn't know that, thought all Labor-stage processing belongs exclusive under DOL.
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not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
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not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
sanju
04-17 01:08 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I truly understand your position my friend and feel sorry to see you go though this.
Here is my suggestion -
Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.
I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I truly understand your position my friend and feel sorry to see you go though this.
Here is my suggestion -
Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.
I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.
techbuyer77
07-20 08:54 AM
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
You must only go back IF AOS IS APPROVED within 180 dyas from filing.
this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
You must only go back IF AOS IS APPROVED within 180 dyas from filing.