gjoe
08-20 08:44 PM
:)
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nixstor
03-24 02:55 PM
Now everything is queued..... no more cutting lines.
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
prioritydate
08-14 01:02 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
Well, I didn't said that I just proved my theory. It was just an assumption.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
Well, I didn't said that I just proved my theory. It was just an assumption.
2011 2011 Buy Kate Middleton#39;s
ilikekilo
04-30 10:01 PM
good one there...way to go
more...
alien2006
08-23 12:34 PM
knowDOL, thanks for the info, will keep it in mind.
SGP
03-25 03:48 PM
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
________________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
________________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
more...
jsb
08-31 03:14 PM
...Anyways if anyone who has their PDs current on this forum and believes that they are feeling lucky tommorrow or anytime in the next month, I would suggest NOT to wait for GC news. When you're feeling lucky go to Vegas, maybe a multimillion $ jackpot that you always dreamt about is around the corner:D.
Nevertheless, wish that you and all others on this forum, particularly with senior PD's left out last year, get GC. Good news should begin to flow tomorrow at 8am (or even earlier). So do whatever you can do, to start feeling lucky. Perhaps that will make you lucky.
Nevertheless, wish that you and all others on this forum, particularly with senior PD's left out last year, get GC. Good news should begin to flow tomorrow at 8am (or even earlier). So do whatever you can do, to start feeling lucky. Perhaps that will make you lucky.
2010 kate middleton pippa
unseenguy
02-23 12:01 PM
Hello everyone - My company has announced a 10% across the board paycut. I am sulking over it as there is no job guarantee. I am in a big consulting org. There are no new projects coming and my project is there till end of April. I have I140 approved but I am afraid that my employer may seek to revoke it , if I leave on my own.
Gurus - Do you think it is wise to use AC21 in this situation. It will take years for me to get back to (2-3) my original salary level and if I accept the paycut and lay off happens, the future employer may seek further paycut or same salary.
My wife has already lost job and hence I am paranoid that I have taken almost 50% paycut if we consider 2 incomes. I dont think economy is THAT bad.
Gurus - Do you think it is wise to use AC21 in this situation. It will take years for me to get back to (2-3) my original salary level and if I accept the paycut and lay off happens, the future employer may seek further paycut or same salary.
My wife has already lost job and hence I am paranoid that I have taken almost 50% paycut if we consider 2 incomes. I dont think economy is THAT bad.
more...
raysaikat
09-13 03:56 PM
Hello,
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:
1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)
OR
• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.
When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:
1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)
OR
• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.
When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
hair kate middleton pippa middleton_03. Kate Middleton#39;s sister, Pippa
satish_hello
07-19 02:24 PM
Hi ,
Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.
It is Hard LUD.
Please update if you get any info.
Thanks
Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.
It is Hard LUD.
Please update if you get any info.
Thanks
more...
gemini23
07-02 03:12 PM
Srikondoji,
you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:
Originally Posted by srikondoji
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
you can repeat something that is already said. first you said "step back". if you want to repeat, it should be "step back"..not "step aside". Simple logic. enjoy.:cool:
Originally Posted by srikondoji
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".
hot Kate Middleton Gets Ready For
bkr
12-06 09:17 AM
My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.
I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.
HTH.
I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.
HTH.
more...
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vicky007
05-10 12:16 PM
Sorry, the link is not working anymore.
But here is the complete report of the proposed measure:
WASHINGTON - Employers would have to check Social Security numbers and the immigration status of all new hires under a tentative Senate agreement on toughening sanctions against people who provide jobs to illegal immigrants.
Those who don't and who hire an illegal immigrant would be subject to fines of $200 to $6,000 per violation.
Employers found to have actually hired illegal immigrants once an electronic system for the checks is in place could be fined up to $20,000 per unauthorized worker and even sentenced to jail for repeat offenses.
What to do with people who hire illegal immigrants has been one of the stumbling points in putting together a broad immigration bill that tightens borders, but also addresses the estimated 12 million illegal immigrants now in the United States.
Congress left it to employers to ensure they were hiring legal workers when they passed an immigration law in 1986 and provided penalties for those who didn't. But the law was not strictly enforced and the market grew for fraudulent documents.
Senate Republicans and Democrats are hoping this week to reach a compromise on more contentious parts of the immigration bill so they can vote on it before Memorial Day.
The employer sanctions were negotiated separately from other parts of the broader bill after some senators raised concerns about privacy of tax information, liability of employers and worker protections.
Employers are wary of the system Congress wants them to use and say it would be unreliable.
"What's going to happen when you have individuals legally allowed to work in the United States, but they can't confirm it?" asked Angelo Amador, director of immigration policy at the U.S. Chamber of Commerce.
Critics say expanding a Web-based screening program, now used on a trial basis by about 6,200 employers, to cover everyone might create a version of the no-fly lists used for screening airline passengers after the Sept. 11, 2001, terrorist attacks. Infants and Democratic Sen. Edward M. Kennedy (news, bio, voting record) of Massachusetts were among people barred from boarding a plane because names identical to their own were on a government list of suspected terrorists.
"This will be the no-work list," predicted Tim Sparapani, attorney for the American Civil Liberties Union.
Last year, employers in the trial screening program submitted names and identifying information on more than 980,000 people. Of them, about 148,000 were flagged for further investigation. Only 6,202 in that group were found to be authorized to work.
U.S. citizens could come up as possible illegal workers if, for example, they change their last names when they marry but fail to update Social Security records.
All non-citizens submitted to the system are referred to the Homeland Security Department, even if their Social Security number is valid.
A bill passed by the House would impose stiff employer sanctions, but does not couple them with a guest worker program, drawing opposition from business. The bill also would give employers six years to screen all previously hired employees still on the payroll as well as new hires — altogether, about 140 million people.
The Senate agreement proposes screening all new hires but only a limited number of people hired previously _specifically, those who have jobs important to the nation's security.
Negotiating the Senate agreement are Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana.
Their plan would give employers 18 months to start using the verification system once it is financed. It would create a process for workers to keep their jobs and be protected from discrimination while contesting a finding that they are not authorized to work.
To check compliance and fight identity theft, the legislation would allow the Homeland Security Department limited access to tax and Social Security information.
The Social Security Administration, for example, would give homeland security officials lists of employers who submit large numbers of employees who are not verified as legal workers. The Internal Revenue Service would provide those employers' tax identification numbers, names and addresses.
Social Security also would share lists of Social Security numbers repeatedly submitted to the verification system for different jobs.
The senators also want to increase the number of work site investigators to 10,000, a 50-fold increase.
President Bush asked Congress in January to provide more than $130 million to expand the trial system. That's not expected to be enough.
Once the above plan is agreed to , the senators will be able to come to a way out of the present CIR impasse.
"Report indicates that the Senate leaders have been working on contentious parts of the comprehensive immigration reform proposal as separate from the whole bill to crack the logjam. For instance, Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana formed a team to negotiate the Senate agreement on the employer sanctions for hiring illegal aliens, and successfully reached an agreement".
But here is the complete report of the proposed measure:
WASHINGTON - Employers would have to check Social Security numbers and the immigration status of all new hires under a tentative Senate agreement on toughening sanctions against people who provide jobs to illegal immigrants.
Those who don't and who hire an illegal immigrant would be subject to fines of $200 to $6,000 per violation.
Employers found to have actually hired illegal immigrants once an electronic system for the checks is in place could be fined up to $20,000 per unauthorized worker and even sentenced to jail for repeat offenses.
What to do with people who hire illegal immigrants has been one of the stumbling points in putting together a broad immigration bill that tightens borders, but also addresses the estimated 12 million illegal immigrants now in the United States.
Congress left it to employers to ensure they were hiring legal workers when they passed an immigration law in 1986 and provided penalties for those who didn't. But the law was not strictly enforced and the market grew for fraudulent documents.
Senate Republicans and Democrats are hoping this week to reach a compromise on more contentious parts of the immigration bill so they can vote on it before Memorial Day.
The employer sanctions were negotiated separately from other parts of the broader bill after some senators raised concerns about privacy of tax information, liability of employers and worker protections.
Employers are wary of the system Congress wants them to use and say it would be unreliable.
"What's going to happen when you have individuals legally allowed to work in the United States, but they can't confirm it?" asked Angelo Amador, director of immigration policy at the U.S. Chamber of Commerce.
Critics say expanding a Web-based screening program, now used on a trial basis by about 6,200 employers, to cover everyone might create a version of the no-fly lists used for screening airline passengers after the Sept. 11, 2001, terrorist attacks. Infants and Democratic Sen. Edward M. Kennedy (news, bio, voting record) of Massachusetts were among people barred from boarding a plane because names identical to their own were on a government list of suspected terrorists.
"This will be the no-work list," predicted Tim Sparapani, attorney for the American Civil Liberties Union.
Last year, employers in the trial screening program submitted names and identifying information on more than 980,000 people. Of them, about 148,000 were flagged for further investigation. Only 6,202 in that group were found to be authorized to work.
U.S. citizens could come up as possible illegal workers if, for example, they change their last names when they marry but fail to update Social Security records.
All non-citizens submitted to the system are referred to the Homeland Security Department, even if their Social Security number is valid.
A bill passed by the House would impose stiff employer sanctions, but does not couple them with a guest worker program, drawing opposition from business. The bill also would give employers six years to screen all previously hired employees still on the payroll as well as new hires — altogether, about 140 million people.
The Senate agreement proposes screening all new hires but only a limited number of people hired previously _specifically, those who have jobs important to the nation's security.
Negotiating the Senate agreement are Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana.
Their plan would give employers 18 months to start using the verification system once it is financed. It would create a process for workers to keep their jobs and be protected from discrimination while contesting a finding that they are not authorized to work.
To check compliance and fight identity theft, the legislation would allow the Homeland Security Department limited access to tax and Social Security information.
The Social Security Administration, for example, would give homeland security officials lists of employers who submit large numbers of employees who are not verified as legal workers. The Internal Revenue Service would provide those employers' tax identification numbers, names and addresses.
Social Security also would share lists of Social Security numbers repeatedly submitted to the verification system for different jobs.
The senators also want to increase the number of work site investigators to 10,000, a 50-fold increase.
President Bush asked Congress in January to provide more than $130 million to expand the trial system. That's not expected to be enough.
Once the above plan is agreed to , the senators will be able to come to a way out of the present CIR impasse.
"Report indicates that the Senate leaders have been working on contentious parts of the comprehensive immigration reform proposal as separate from the whole bill to crack the logjam. For instance, Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana formed a team to negotiate the Senate agreement on the employer sanctions for hiring illegal aliens, and successfully reached an agreement".
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anilsal
06-14 04:54 PM
Hopefully by labor PD. But I have read about cases being approved in no sane logic.
more...
pictures Middleton Family via AP
vidyakulkarni
02-05 06:26 PM
what is OCI??
dresses Kate Middle Pippa Middleton
kannan
07-21 02:07 PM
My 485 details
PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007
Today I got a CRIS mail ,that my already approved I 140 got a status
Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007
Today I got a CRIS mail ,that my already approved I 140 got a status
Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
more...
makeup Kate Middle Pippa Middleton
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)
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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h1techSlave
09-18 02:11 PM
Despite what the Democrats are saying illegals might get health benefit even when they are illegals. The reason for this is that the current bill does not mandate immigration status check.
Agreed. But, that is only until CIR is not passed. Once CIR is approved ( IF ) next year, then all the undocumented people will come under the shield and will enjoy all the health benefit government is going to offer at the expense of Tax payers money.
Agreed. But, that is only until CIR is not passed. Once CIR is approved ( IF ) next year, then all the undocumented people will come under the shield and will enjoy all the health benefit government is going to offer at the expense of Tax payers money.
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bearstory
04-26 09:10 PM
Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?
mihird
10-25 01:30 PM
My I-140 doesn't have any "valid until" date on it...I believe, I-140s are pretty much valid indefinitely as long as they are not revoked by the employer...
immi_seeker
09-28 06:41 PM
After looking to so many threads on our forum regarding the receipt notice delay. IV have raised the same questions to USCIS. Today USCIS have come with the answers to your questions. We are told that USCIS has put additional resources to address the receipt notice delays.
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
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