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  • santa123
    01-23 01:40 PM
    CIS Ombudsman - Send Your Recommendations

    Looks like another good opportunity to express our hardships and seek CHANGE. Pls write to CIS.

    http://www.dhs.gov/xabout/structure/editorial_0501.shtm


    Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.

    Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.

    The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.

    Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov

    Mailing Address:

    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225





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  • jonty_11
    07-16 05:10 PM
    I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...

    When new processign dates come out you will know have patience.





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  • amitga
    05-28 01:21 PM
    I think the easiest solution would be to get married ASAP.





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  • 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)



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  • martinvisalaw
    03-22 07:17 PM
    (1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

    (2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

    (3) Re-file a new 140 petition?

    Definitely file an MTR/appeal if you are 100% certain that the RFE response was received by TSC before the deadline. CIS should reopen the case if it was their mistake. Immigration regulations specifically allow for this procedure. There is no other way to ask TSC to reconsider - they will require an MTR.

    If it was their mistake, in theory you should not need to pay the filing fees for an MTR. However, the attorney needs to make it very clear on the filing that the case should not be rejected for lack of filing fees. The contract workers who open the mail might reject the case if they don't see a check. It might be safer to include a check if you are close to the filing deadline.





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  • Digitalosophy
    03-30 12:16 PM
    I'm impressed by the quality of all your guys' work. I voted mlkdave :)

    co-sign well done fellas



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  • smuggymba
    09-16 07:45 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    Imagine if everyone uses bold font:mad:





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  • akred
    07-25 02:40 AM
    Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.



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  • jcrajput
    06-09 11:03 AM
    Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:

    1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?

    2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?

    Please help. Thanks a lot.





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  • fatjoe
    10-31 12:46 PM
    Didn't they stopped issuing interim EADs half an year ago?

    It was stopped. I went to the local office and found that.



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  • anilsal
    01-07 08:42 AM
    When someone lashes out, suddenly these guys think their original decision was misunderstood. Who are u trying to fool?

    Glad the lawyers made an issue out of this.





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  • vijse
    12-16 11:58 AM
    I got it correct yesterday .
    Thanks for the advice.



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  • AB1275
    12-17 12:42 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    year?
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    Thanks!





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  • MArch172008
    06-16 05:03 PM
    IS any one processing two GC process one with the current employer and other based on future employment with other employer ?

    regards



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  • GCanyMinute
    08-22 09:04 PM
    ... 160 views until now and no one offered any help yet :o
    please help :D





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  • krupa
    05-10 09:53 PM
    It was happenned to me also when I use my laptop which has Vista O/S. But when I tried in another system with windows XP , I did not find any problem.

    I tried that too.I provided the petition details and clicked submit button. Then it takes me to save and exit buttons there is no continue button.

    Let me try once again. Any more inputs.....


    Thank you

    Amul



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  • gcformeornot
    12-31 01:54 PM
    please help





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  • jcrajput
    06-18 03:43 PM
    What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
    Thanks for your help.
    jignesh





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  • ashwaghoshk
    11-02 08:18 AM
    Gori hai kalaiya.. tu lade muze hari hari chudiya...





    regacct
    11-23 01:27 PM
    Why the Anti-immigrant Dog Did Not Bark in Illinois (http://www.huffingtonpost.com/robert-creamer/why-the-anti-immigrant-do_b_787368.html)

    In the Sherlock Holmes short story "Silver Blaze" the famous detective focuses his analytic prowess on the "curious incident" of the dog that did not bark in the nighttime.

    In the recent mid-term elections there was a similar "curious incident" in Illinois that is important nationally. No major candidate in Illinois from either the Republican or Democratic Party demagogued the immigration issue. Neither the ultra-conservative Republican candidate for Governor, Bill Brady, nor the supposedly "moderate" candidate for Senate, Mark Kirk, ran ads, did mailers, or used talking points about the supposed scourge of illegal immigrants taking jobs or sponging up our tax money. Nor did any major candidate for Congress.

    It is definitely true that a number of the Republican candidates that were elected to Congressional seats hold anti-immigrant positions. But they did not choose to use those positions as wedge issues in the recent election. Why not?

    A possible explanation is that Republicans in Illinois are a kinder, more reasonable group than Republicans elsewhere. That, I'm afraid, does not pass the laugh test.

    You could argue that it's because Illinois has a large immigrant population in general and a large Latino population in particular. But so do Colorado, Nevada, Arizona and California where Republican Party candidates tried to use "illegal immigration" and "amnesty" as wedge issues to galvanize their base.

    It is true that Illinois has a more immigrant-friendly tradition than some of the states in the Southwest. Much of the Caucasian population in Illinois comes from recent immigrant stock themselves - from Ireland, Poland, Lithuania, Italy, Germany, Croatia and Serbia.

    But there is also a more old-fashioned reason. Demagogues and bullies tend to prey upon those whom they consider too weak to strike back. It turned out that in Nevada, California, and Colorado they made the wrong call, since their demagoguery galvanized turnout among Latino voters that defeated right-wing candidates for the Senate.

    In fact, the Latino vote saved the Senate for the Democrats.

    But in Illinois the right didn't even try their demagogic tactics. That's largely because the immigrant communities in Illinois have worked hard over five election cycles to build a muscular political organizing vehicle that gets out the immigrant vote -- and can bite back fiercely at anti-immigrant demagogues.

    In 2008, Jim Oberweis ran for Congress against Democrat Bill Foster on a heavily anti-immigrant platform and was flattened by the Illinois Coalition for Immigrant and Refugee Rights. That experience sent a lesson through Illinois' right-wing political class. Nothing like watching one of their own get scalded to teach others not to touch the stove.

    The Illinois Coalition for Immigrant and Refugee Rights (ICIRR) no leads The New Americans' Democracy Project . This year, 13 electoral organizers worked for months in both the City of Chicago and the Suburbs. They targeted 133,128 infrequent immigrant voters for a multi-contact phone and door operation, and before the election was done the volunteers they recruited did a total of 549,000 live phone calls to their universe of Latino, Asian and Muslim voters.

    This work has been growing in scale and bite since 2002 when it began with no funding and in only nine precincts. At this point the immigrant vote can no longer be ignored by either party. Here are several key lessons from the Illinois immigrant organizing experience:

    1) Consistency Counts: ICIRR has had between 10 and 20 full-time immigrant election campaign organizers every election since 2004. They begin their work in July and work through November, building a "recent immigrant" field operation. In every single cycle they add new skills to their electoral organizing.

    2) Numbers Count: The immigrant voter program has registered over 90,000 new immigrant voters. They door-knock between 35,000 and 60,000 doors every election cycle.

    3) Diversity is Strength: The Democracy Project works with leaders and organizations in Latino community, but also the Asian, Arab, and Polish immigrant communities.

    4) Mine the "Base" and work the "Swings": The electoral work is done in the immigrant "base" Chicago port of entry neighborhoods to generate numbers, but also in swing suburban political districts where multi-ethnic immigrant organizing multiplies the voting power of Latinos. The activation of new immigrant voters in suburban "swing" communities forces Republican attention to immigrant issues.

    5) Reward Friends, Punish Enemies: ICIRR keeps track of who engages in immigrant bashing -- and stikes back. When Republican anti-immigrant candidate Jim Oberweis polarized voters against "illegal immigrants", ICIRR released to the media a film of undocumented immigrants cleaning his business while being paid only $3.23 an hour. When old-school Democratic Mayor of Waukegan, IL attacked "illegals" with local law enforcement of immigration laws, he went down to defeat in the next election because Latinos in Waukegan mobilized to support his opponent.

    6) Naturalize, Naturalize, Naturalize: ICIRR has one of the most aggressive citizenship programs in the nation. All told, an additional 170,000 immigrants were naturalized in Illinois over the last five years. The coalition itself directly assisted over 48,000 of those legal immigrants to become citizens, and thus voters.

    ICIRR is not a partisan organization. In fact, their most recent fundraiser was headlined by the popular former Republican Governor Jim Edgar. But because of the track record of Republicans across the country, its organizing definitely benefits Democrats. In fact, Democratic Governor Pat Quinn - who won by fewer than 20,000 votes -- would not likely have been re-elected had it not been for their work.
    On the policy side, ICIRR works for immigrant-friendly policies, and by any definition they have succeeded in winning some of the most immigrant-friendly policies in the nation at the state level in Illinois.

    The state of Illinois leans Blue, but it has wide swatches of Red. In the recent elections the Democrats barely lost the Senate race and took some terrible losses in the Congressional delegation. But in addition to electing a Democratic Governor, both the State House and Senate remained in Democratic hands. The immigrant vote was critical to these Democratic victories, but it is also a force that Republicans ignore or abuse at their peril. In this election, at least, Illinois Republicans generally had the good sense not to bait the immigrant community.

    In the current environment of racialized fear and polarization against immigrants across the U.S., the hard work of immigrant advocates in Illinois provides two key lessons:

    * Demagogues go after the weak, not the strong. You don't stop anti-immigrant demagoguery through accommodation, you stop it with strength.

    * Nuts and Bolts Organizing works.





    vinabath
    03-24 03:12 PM
    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.

    Take it easy and cheer up brother!!



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