Sunday, June 12, 2011

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  • pmpforgc
    12-28 11:06 PM
    Hi

    In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.





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  • h1techSlave
    02-07 10:55 AM
    The article says they spend some thing like $20, 000 for their journey. How can a person who can not afford 2 square meals a day, come up with $20, 000?

    Something is fishy.

    Why blame illegal Indians? They are desperate for survival and come to USA to earn 2 square meals a day.

    What about the Legal Indians? The so called best and the brightest.
    Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs





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  • laksmi
    01-24 03:08 PM
    Most of ABCD Lawyer are like that only :), there are good in filing new cases but not good at suggestions.





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  • gcseeker2002
    11-05 02:50 PM
    I called UScis Customer support and they said that as of today they are approving EADs with notice date July 2nd, so I should wait another few weeks for my EAD, so EAD will take 5 months or more for me :(



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  • garybanz
    11-05 11:30 PM
    Go TX-IV go...





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  • Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.





    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)



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  • frostrated
    10-26 02:07 PM
    EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.





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  • psaxena
    03-03 03:13 PM
    Seems to me like a planned execution to torture and frustrate us.



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  • stemcell
    07-01 04:07 PM
    1.As someone suggested trying for fellowship will skip all the steps to practice OBGYN unrestricted.Again these are very limited spots and usually one needs the right contacts for this IMO.

    2.Go the usual route...Pass USMLE Ste1, 2, CS and 3 (4 exams) and then you are ECFMG certified.Once ECFMG certified you can apply for the match (you can apply for the match with one step passed too but chances are you extremely low for an interview call).
    The residency match happens once every year...many sources online...just google 'the residency match' and the process is self explanatory with lots of forums on websites like usmleworld.com, kaplan.com,scutwork.com,findaresident.com etc etc

    3.My 2 cents most folks in her situation will find OBGYN residency just too much to handle (imagine > 80 hrs/ week for 4 yrs ) after slogging for the exams :rolleyes:
    I would also recommend her to look into Physician Assistants programs.She will get a credit considering that she is a physician and she can finish it in 1-1.5 yrs. Work and Lifestyle is good and the money is good too :D.





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  • jsb
    11-14 11:51 AM
    EAD and AP for me and spouse are online. I-485's are still not online, although FP notices are received.



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  • smodekurti
    05-19 11:32 PM
    mrane1,
    Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.





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  • s416504
    08-13 02:29 PM
    Thanks for Prompt reply.
    My application got delivered at 11:31 & Received by B GERKENSMEYER.
    Do u think I shoould file again using Lawyer before Aug 17?



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  • nogc_noproblem
    07-11 01:36 PM
    Nope, just being 'current' doesn't mean everybody will get their GC.

    PD movement temporary, Retro permanent.

    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...





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  • EADchallenged
    07-12 09:03 AM
    I agree with the previous post that most of the House conservatives are right now trying to fight the bigger evil in their eyes - illegal immigration. Yesterday, on Cavuto on Business (Fox News), Tom Tancredo was waxing eloquent on the fact that he favors legal immigration, how he was the grandson of Italian immigrants blah blah blah. But remember, it was these very people who had forced the EB provisions out from S.1932. However, if Tancredo has to make any impact on American politics and be a serious player, he has to take these tactical positions favoring legal immigration when the talk everywhere is illegal immigration.

    So what to take out of this? We should try and pin a lot of these "anti-immigrant" people down on their position on SKIL while they are trying to justify their position on illegal immigration, by saying they favor legal immigration. . I guess now is the time to act and get everyone to support SKIL, while they cannot appear to be inconsistent with their position on legal immigration.



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  • senthil1
    09-08 09:25 PM
    Which labor day 2009? 2010 or 2014?

    Any News on Schumer's Labor Day announcements?





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  • coolpal
    03-30 12:28 PM
    I thought the OP was making a case for getting his question answered.. that doesn't mean the case is necessarily true now.

    And I think if you read further down, the op himself said he didn't get his GC yet, but his question was "what if?"...... guys read before you post ;)

    pal :)



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  • WaldenPond
    01-23 07:49 PM
    In some of the threads in this and other forums there was some concern expressed about non-citizen's right to hire a lobbyist or petition congress. Here is the text of the 1st Amendment of the Bill of Rights:

    Amendment I
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

    The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.

    Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.


    Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm

    If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.

    It is the right of all to petition congress and tell the lawmakers about their grievances.

    -WP





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  • roseball
    04-24 08:56 AM
    Since your I-94s are already expired, I would advise to talk to your attorney asap and follow his advise....Do not rely on a forum to get suggestions on a time sensitive situation...





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  • ivar
    04-29 09:43 AM
    when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..

    finally i got the 140 from my employer..and my date was ported successfully..so its all good.

    Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.

    Thank you.





    tdasara
    08-28 04:02 PM
    Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.

    If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.





    chanduv23
    09-03 10:00 PM
    Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.

    The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.

    While few members are highly informed on all these things, a lot of members will have basic questions.

    Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.



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