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  • Robert Kumar
    12-24 12:54 PM
    Please advise urgently.

    Say today my I-140 is denied.
    Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
    Now I-140 is denied.
    Lawyer is opening an MTR.
    We dont know when the decision will come. May be positive, may be negative.

    1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
    2. Can I get extensions while MTR is pending.
    3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.





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  • smangc
    06-10 12:58 PM
    SSbaruah, Yes the employer needs to give you return tickets to your home town.





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  • thamizhan
    07-17 10:10 PM
    We can update ourself with the status of the receipt number, so that every body can get a feel about the time lines.





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  • koppula09
    01-04 05:43 PM
    Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.

    If it is +ve there wont be any problem, well & good!

    If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.

    Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.

    I believe these options looks logical. Hope verything goes well!



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  • sanju
    08-02 01:30 PM
    People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.





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  • snowshoe
    11-27 03:10 PM
    Quite a few cases seem to have been approved by both TSC and NSC in the last two weeks.



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  • averagedesi
    08-23 09:49 PM
    I will be surprised if I am the only unlucky guy





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  • Berkeleybee
    02-05 09:28 PM
    All,

    My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.

    This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.

    My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.

    I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.

    best,
    Berkeleybee



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  • dummgelauft
    10-05 01:36 AM
    :p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)

    I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...





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  • Eberth
    10-13 04:28 PM
    :(



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  • yabadaba
    11-19 05:08 PM
    Looks like this is the system that USCIS has been saying they are working on to identify pending cases.

    Now, what if your case is pending and your Attorney is not a AILA member or you do not use an Attorney?
    maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.





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  • lvinaykumar
    05-21 09:00 AM
    Filed at : Nebraska Service Center

    For Wife
    Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th

    My Wife was on EAD/OPT based on her student visa (and not on H4)

    Was it current for you on March 1st



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  • pachaik
    02-11 10:08 PM
    Just signed it.





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  • vegasbaby
    02-23 12:52 AM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.


    Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.

    My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.

    But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.



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  • cjagtap
    07-17 07:14 PM
    donation is a good idea..





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  • mwin
    11-27 10:26 PM
    From murthy: http://www.murthy.com/news/UDac21qa.html#1

    Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

    Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.

    Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965



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  • file485
    09-26 05:13 PM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

    GCTrouble..

    can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..

    As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..

    Anyone who knows about this ..pls comment what is the right way to do this stunt..





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  • Blog Feeds
    05-22 01:10 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.

    Requirements

    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.







    More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)





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  • AreWeThereYet
    08-18 02:02 PM
    sp99, who is your internet service provider? For about 8 channels, you are paying ~$50. Do they also have any regular US local channels included in this package? The reason I am asking this question is that they charge about $50 for a few indian channels + other regular HD channels, if you get the dish from them. I understand that the iptv is for folks like me that can not install dish in the building. I am just trying to compare the price. Also, could you tell us if you had to sign a contract too?

    Appreciate your response.

    Hello Folks,
    I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...





    Ramba
    01-08 12:09 PM
    Thanks all for the advise/comments. Mixed opinion. I was hearing that, because of Indian Rs gaining stongly aganist US$, outsourcing to India is not cheap anymore. I also informed that hiring fulltime/permanent employee in US is cheaper than outsourcing. I do not know howmuch true it is.

    IS all QA jobs are shorterm in nature? As I have already a GC, is it easy to get fulltime (longterm)/permanent job in QA?





    rvr_jcop
    02-17 04:53 PM
    Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?

    Yes, according to English Calendar :)



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