izolo
06-07 06:26 AM
first sorry for multiple posting, it was by mistake as it was the first time posting. then thanks for the answers. Of course it is a real job with real payment, just remember my application goes back to 3 years ago and and I finally got it with lots of efforts to keep this opportunity. I never thought they might give the visa just for 3 months. now I have to think about all options. Does anybody have any other suggestion?
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reddog
04-17 12:26 PM
This is a poignant question for everyone. Any experts that know the law and psychology and the theory of standing in line please answer.
Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .
Pets are considered cargo. They do not need visas to enter the US.
Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .
Pets are considered cargo. They do not need visas to enter the US.
newbee7
07-04 06:33 PM
Thanks for sharing your story! All the best..
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Anders �stberg
May 1st, 2005, 02:26 PM
Very nice, love the "wheel spin". I can see how it would take a couple of shots to get a good one with that shutter speed.
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gimme Green!!
07-04 10:15 PM
There was also a gap of my H-1 Activation and F-1.
Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.
What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
What were you doing then? Did you have a PT (practical training) atleast?
The above is based on what i think I know. The best person to advice is an immigration lawyer.
Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.
What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
What were you doing then? Did you have a PT (practical training) atleast?
The above is based on what i think I know. The best person to advice is an immigration lawyer.
katakamk
07-11 03:00 PM
Yes, USCIS can raise RFE ability to pay even in I-485 stage.
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nanneh
04-30 02:05 PM
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
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Madhuri
02-19 04:58 PM
I came back on Feb 17th from India.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
My visa expiry date: Sept 2009
PP expires July 2009
I -94 I got is till July- 99
The officer mentioned since my PP expires he is issuing I-94 only till PP expiry date. This was in LAX. I did not argue, I think I should have said something after reading all these posts.
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FinalGC
04-28 09:00 AM
That is encouraging news, after heari ng all bad news of people getting stopped and being sent back........
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immi_2006
10-09 10:47 AM
Which document to produce for people on EAD and AP?
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rajs
12-09 06:49 PM
I GOT MY WELCOME LETTER DATED 12/5/09 AND A EMAIL THAT MY 485 HAS BEEN
APPROVED & CARD SHOULD BE IN HE MAIL SOON.:p
MY QUESTION IS
WHILE MY 485 WAS PENDING I GOT MARRIED AND AS MY PD WAS IN DATE
WE FILLED MY WIFE'S 485 IN 07 SHE GOT HER FP DONE ETC..
THERE IS NO CHANGE IN MY WIFE CASE STATUS SO WE CALLED TO FIND OUT BUT THEY HAD NO REPLY FOR US
HOW LONG DOES IT TAKE FOR MY WIFE'S CASE TO GET APPROVED?
HAS ANY ONE EXPERIENCE THE SAME?
THANKING EVER1 FOR THEIR SUPPORT
APPROVED & CARD SHOULD BE IN HE MAIL SOON.:p
MY QUESTION IS
WHILE MY 485 WAS PENDING I GOT MARRIED AND AS MY PD WAS IN DATE
WE FILLED MY WIFE'S 485 IN 07 SHE GOT HER FP DONE ETC..
THERE IS NO CHANGE IN MY WIFE CASE STATUS SO WE CALLED TO FIND OUT BUT THEY HAD NO REPLY FOR US
HOW LONG DOES IT TAKE FOR MY WIFE'S CASE TO GET APPROVED?
HAS ANY ONE EXPERIENCE THE SAME?
THANKING EVER1 FOR THEIR SUPPORT
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gultie2k
11-04 10:51 AM
Case resolved!!
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
more...
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goel_ar
01-17 09:12 AM
Hi All,
My situation finally got resolved. Just wanted to share with everyone --
1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.
System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.
Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.
2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
Number is :- 1-888-464-4218.
Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.
If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.
Thanks,
AG
My situation finally got resolved. Just wanted to share with everyone --
1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.
System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.
Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.
2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
Number is :- 1-888-464-4218.
Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.
If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.
Thanks,
AG
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acecupid
06-09 12:30 PM
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.
1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx
2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
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.
1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx
2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.
more...
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prioritydate
07-21 11:44 AM
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
Yes, it is good for people with latest priority dates. For 2006 and 207 priority dates people, I recommend paying the new fees, it would benefit them on a long run.
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
Yes, it is good for people with latest priority dates. For 2006 and 207 priority dates people, I recommend paying the new fees, it would benefit them on a long run.
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veni001
06-07 01:08 PM
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
more...
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glus
04-17 07:57 AM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
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forever
08-03 10:38 PM
Just curious..how do you get this press release...its not yet up on their site.
Go to Home page and click on Press Room. You can see updates for Aug, July.
Go to Home page and click on Press Room. You can see updates for Aug, July.
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gbof
02-26 02:47 PM
Hello,
I came here as F1 visa but I'm out of stutus now. Here is some background:
I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.
I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
Any advice would be appreciate! Thank you so much for your time!
Both desi3933 and deechi are right.
on the side: You intend doing a course in English (may be to do a job). Your english tells all you care for english. You sure need to improve your english... even in an informal set up
I came here as F1 visa but I'm out of stutus now. Here is some background:
I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.
I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
Any advice would be appreciate! Thank you so much for your time!
Both desi3933 and deechi are right.
on the side: You intend doing a course in English (may be to do a job). Your english tells all you care for english. You sure need to improve your english... even in an informal set up
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)
gcformeornot
12-31 10:02 PM
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
but you never know with USCIS... anyways its more than 5 months...... that got me worried....
But I am little better now... see my signature.....
Some say it is not an issue, some say it can be an issue
but you never know with USCIS... anyways its more than 5 months...... that got me worried....
But I am little better now... see my signature.....
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