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  • jay75
    08-08 06:20 PM
    How about extending the poll to include Dec'04 ?





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  • techbuyer77
    06-20 03:18 PM
    if they revoke the petition after 180 days that you filed i-485 nothing will happen you can invoke ac21, if before you can not





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  • kumar_77
    12-17 10:12 AM
    Hello ,

    can you please give some details ...like your 140 Status , eb -2 , or eb-3 , PD ...SUB etc..


    Thanks





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  • gman
    07-29 02:55 PM
    What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.

    Are you looking for specific language? How was similar defined from your attorney?

    Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:

    SYSTEMS ANALYST

    JOB DESCRIPTION:

    Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.

    JOB REQUIREMENTS:

    1. Bachelor's degree in Computer Science.
    2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.


    The new job is: Director of Software Development

    • Execute the company’s technology architecture and strategy.
    • Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
    • Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
    • Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
    • Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
    • Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
    • Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
    • Travel approximately 25% of the time to both in-country and international destinations.
    • Perform other duties as assigned by the VP of Software Development



    more...


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  • gc_chahiye
    11-02 10:54 AM
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.


    exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, the chance (& amount) of recapture that might happen for regular EB folks is getting reduced. One recapture was alreayd done for Nurses back in 2005-06. This is the second one. One or two more such recaptures, and there will nothing for US to recapture.





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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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  • matreen
    12-17 02:21 AM
    Team,

    Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.

    But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).

    I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.

    My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.

    1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?

    2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?

    3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?

    4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?

    5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?

    6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?

    Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.

    Thanks,

    M





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  • arnet
    06-14 05:13 PM
    In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.



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  • TwinkleM
    07-02 02:39 AM
    @ Sunny1000, Thanx a lot for the information. Appreciate your immediate response.





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  • god_bless_you
    08-15 08:29 AM
    what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants??
    do they have any word to say in this deep visa retrogression for indian origin?



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  • VMH_GC
    07-17 06:21 PM
    I pledge $100 right now to IV. I will make the payment tonight.


    I just made the payment. It is easy folks please contribute....





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  • YesGC_NoGC
    04-14 10:44 PM
    CAn some one create survey for this?



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  • Lollerskater
    04-23 11:46 AM
    I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.

    I filed at NSC, my case ended up in TSC.

    Nothing much makes sense, nowadays. :confused:





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  • ilikekilo
    07-17 04:43 PM
    --
    We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.

    Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.


    I second this...money sounds better for long term solutions



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  • pbojja
    10-17 12:34 PM
    Can anyone tell me what it means in terms of documents...???

    Your questions are too demanding dude





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  • gc_bulgaria
    11-25 02:07 PM
    You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).

    And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.

    I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.



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  • sujan_vatrapu
    10-11 02:31 PM
    until the economy improves, i am not too optimistic that something will happen in lame duck session if repubs win any of WVA, Illinois or Delaware senate seats, the terms of these senators expire immediately after election and repubs have more than fair shot at WVA and Illinois, i just want to pitch the little i know before making assumptions, please don't start posting -ve comments and post something that might help others on this topic,





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  • trueguy
    08-08 06:08 PM
    I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.

    Thanks





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  • pappu
    08-14 02:29 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
    This is wierd.
    so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
    Wow, this goes to show how powerful the cuban lobby is!!

    With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
    Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
    or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
    or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!





    Bpositive
    12-05 12:20 AM
    "On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."

    My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.

    Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.

    Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.

    Bpositive.





    rb_248
    01-08 02:46 PM
    I read on www.immigration-law.com

    01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform

    Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.

    http://thomas.loc.gov/cgi-bin/bdquery/D?d111:8:./temp/~bdW24V::|/bss/111search.html

    H.R.264

    Title: To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.

    Sponsor: Rep Jackson-Lee, Sheila [TX-18] (introduced 1/7/2009) Cosponsors (None)
    Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Text:
    http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.264:

    I don't think they will act on this until the economic issues are resolved.



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