andycool
07-18 11:05 AM
here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
Dude ,
Its indeed a long Journey ....
Enjoy
Thanks
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
Dude ,
Its indeed a long Journey ....
Enjoy
Thanks
zbd
01-12 08:47 PM
Probably,all this criterias already matching to your case, right ?
If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?
You're just a selfish guy to cover your asz, right?
Are you planning to get some benefit from your brother's delayed cases?
It's time to comply, time to be unite.
Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.
Thanks for your understanding...
Zbd
If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?
You're just a selfish guy to cover your asz, right?
Are you planning to get some benefit from your brother's delayed cases?
It's time to comply, time to be unite.
Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.
Thanks for your understanding...
Zbd
plreddy
08-04 05:38 PM
Same thing here also. My GC (primary ) was approved on 11-Aug-2008 and my wife's 485 is still pending. We went to India in November 2008 and returned back after 1 month. No questions were asked about my wife's AP.
Thanks
PL Reddy
Thanks
PL Reddy
Janisaris
12-18 07:47 PM
I also see lot of LUDs on my I485 application. We filed our application on July 19th but the receipt date is November 1st. We received all our EADs and APs within 3 weeks and got our FP done on December 5th. Since then I am seeing bunch of LUDs on my I485. Even today they accessed my file. I am EB3 India with PD May 2004. My I140 was approved in 2006 and got an LUD on November 11th.
Just letting you know that you are not alone.
Just letting you know that you are not alone.
more...
drona
07-12 02:49 PM
But won't we have right to contribute once we get our green cards. The sooner the better then?
meridiani.planum
04-02 03:39 AM
inline...
My employer refuses to give my copy of approve LC.
-- thats not a good sign.. he does not seem to be co-operative...
I had MS + 1.5 yrs of exp.
So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.
I am willing to take the risk.
Its upto you. If you feel you'll get through without an RFE, you will be all set, if you feel there is a chance of an RFE, this will be a big mistake. Try to stay on H1-B instead of EAD if you do take a chance... In general people would advice against it, job offers keep coming and going. A chance to file I-485, especially if you are from India might be rare thing.
My employer refuses to give my copy of approve LC.
-- thats not a good sign.. he does not seem to be co-operative...
I had MS + 1.5 yrs of exp.
So not sure if they had exp in the job description as I dont see any job that requires MS + 1 yr of exp.
I am willing to take the risk.
Its upto you. If you feel you'll get through without an RFE, you will be all set, if you feel there is a chance of an RFE, this will be a big mistake. Try to stay on H1-B instead of EAD if you do take a chance... In general people would advice against it, job offers keep coming and going. A chance to file I-485, especially if you are from India might be rare thing.
more...
amitjoey
07-17 07:17 PM
I think we need to send flowers with thank you note to IV core members and congress woman.Let us get vote and send flowers to those addresses.
Thank you
Instead send $$ as donations to IV. Contribute.
Thank you
Instead send $$ as donations to IV. Contribute.
desi3933
03-01 10:38 PM
Hi,
I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.
RFE is
All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.
I came to US on 2006 feb, the attorney is submitting my W2s on Monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.
As my 2006 W2 is not good , does it effect my H1B transfer.
Please let me know your thoughts.
Thanks
When was your last entry into the US on H1-B visa? You need to prove that you are maintaining status since last entry only.
____________________
Not a legal advice
US citizen of Indian origin
I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.
RFE is
All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.
I came to US on 2006 feb, the attorney is submitting my W2s on Monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.
As my 2006 W2 is not good , does it effect my H1B transfer.
Please let me know your thoughts.
Thanks
When was your last entry into the US on H1-B visa? You need to prove that you are maintaining status since last entry only.
____________________
Not a legal advice
US citizen of Indian origin
more...
digmetalq
04-23 03:29 AM
Tell your employer that you need a second opinion, consult with a reputed lawyer, and then choose your options.
polapragada
10-23 05:56 PM
This seems pretty amazing. I wonder how it will play out in action.
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
more...
ssbaruah@yahoo.com
04-29 07:25 PM
my H1B transfer petition still in query.
Is there any way to apply through some other company ?
What will be my status now ?
Pls kindly advise me .
Is there any way to apply through some other company ?
What will be my status now ?
Pls kindly advise me .
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...
gotgc?
08-06 11:27 AM
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
What can we do about this? It is way outside the processing time. My lawyer submitted an inquiry to USCIS in Jan 07. In Feb 07, they came back and said it requires an additional review. No updates since then except an LUD update last week with 07/28/07. When I spoke to my lawyer, she said she can file another inquiry in august..because she says we have to wait for 6 months before we file another inquiry..
Just curious, whether you are doing anything different to follow up on this case...?
What can we do about this? It is way outside the processing time. My lawyer submitted an inquiry to USCIS in Jan 07. In Feb 07, they came back and said it requires an additional review. No updates since then except an LUD update last week with 07/28/07. When I spoke to my lawyer, she said she can file another inquiry in august..because she says we have to wait for 6 months before we file another inquiry..
Just curious, whether you are doing anything different to follow up on this case...?
kriskris
08-22 02:35 PM
there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.
dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
more...
rimzhim
05-27 12:16 PM
repealing of AC21.
6. Employers have to shell out $10000 every year to get extension.
When did they say they have repealed AC21? Is this true?
Regarding (6) above, it is not 10K, more like 5K.
Only a part of AC21 is repealed; ppl can still move one year after their 140 is approved and 485 is pending.
6. Employers have to shell out $10000 every year to get extension.
When did they say they have repealed AC21? Is this true?
Regarding (6) above, it is not 10K, more like 5K.
Only a part of AC21 is repealed; ppl can still move one year after their 140 is approved and 485 is pending.
axp817
06-16 12:21 PM
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
more...
pappu
12-15 10:54 AM
You are in a good position.
- hire your own lawyer
- have the lawyer directly talk to your HR. dont confuse HR with websites and all the info. make their job easy by having them just sign the papers for you
- keep a copy of all documents with you that the lawyer files or gets from HR
- hire your own lawyer
- have the lawyer directly talk to your HR. dont confuse HR with websites and all the info. make their job easy by having them just sign the papers for you
- keep a copy of all documents with you that the lawyer files or gets from HR
bkam
06-09 01:28 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.
boni
03-28 04:22 PM
well I have the same problem as next year I plan to be a full-time student and part-time on job.....my LC is also pending....will it effect GC..Is chanding H1 to part-time doable...what if LC is clear....can it be done later at any time i mean full-time student and part-time job....
@sabbygirl99 Could u pls let me know what course of action u took in this regard.
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
@sabbygirl99 Could u pls let me know what course of action u took in this regard.
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
desi3933
05-04 03:46 PM
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
Incorrect!
Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.
_______________________
Not a legal advice.
US citizen of Indian origin
Incorrect!
Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.
_______________________
Not a legal advice.
US citizen of Indian origin
shana04
02-01 10:44 AM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
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