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  • k94
    11-17 09:31 AM
    This isn't really answering any questions, but I've asked my company's lawyer to look into the benefits (and/or disadvantages) of making the switch frm TR (non-RIR) to RIR. Since this notice was only made recently by the DOL (in the Federal Register on October 6, 2006), I would imagine that it will take some time for lawyers, etc to figure out all the implications. As soon as I get any information, I will definitely post it.




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  • Blog Feeds
    05-05 06:50 AM
    As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

    For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

    For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

    So what does this mean for you?

    What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.

    With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.

    Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.

    With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.

    Preparing a perfect TN Application

    There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.

    The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.

    The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.


    When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.

    The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.

    Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.

    Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.

    As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.

    Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.




    More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)




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  • jonty_11
    07-17 10:56 AM
    Guys please do not think of this site as one from Rajiv Khanna (immiportal) or other Chat forums...this is a grassroots organization that consists of people like you and me who are devoting their time to work for the EB community causes.

    Do not let their efforts go to waste due to lack of funds. Contribute.




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  • deepimpact
    08-23 11:25 AM
    And depending on how long you have been on H1 and if the University is a State Univ, your wife can also qualify for in state Tuition fee. These days its very rare for MS students to get funding. You can save some money that way.



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  • eldrick
    07-31 05:19 PM
    They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?




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  • Hope_GC
    07-17 07:47 PM
    Really Thank and Appreciate Mr Gonzales.



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  • hpandey
    12-09 09:42 AM
    Anybody knows, if the visa recapture included in the dream act?

    Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?

    I don't know who is worse the democrats or the republicans ...




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  • radhay
    04-28 02:49 PM
    There is nothing wrong in asking but the attorney has no right to reveal the information to you although some do. Did you try to make that request through your employer?

    I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.



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  • she81
    01-23 08:25 PM
    "Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
    So throw off the bowlines. Sail away from the safe harbor.
    Catch the trade winds in your sails. Explore. Dream. Discover."
    - Mark Twain

    Nice adage. :)




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  • panky72
    06-18 04:42 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.


    I don't know about IT but in other professions people go to court all the time. I have seen several cases.



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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.




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  • pthoko
    07-05 03:15 PM
    Thanks, I've not been able to do any work today after this thing got into my mind. I got my labor approved and I-140 is pending...



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  • raysaikat
    07-10 08:50 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.


    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


    I highly recommend that you read the 8 CFR from uscis.gov.

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.



    though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj




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  • ragz4u
    02-17 11:30 PM
    If you are on H1B visa and hoping for a green card, get ready to walk to work.

    A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
    This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html

    If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).

    But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
    And do not forget the grocery store.....make sure its nearby...
    The list is endless.

    And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?

    And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!

    <Sarcasm>So why not have a proposal to modify the H1B application form and add a question

    Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
    </Sarcasm>

    Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....



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  • satishbsk
    06-27 01:19 PM
    If you believe that you haven't received an approval notice (for example - you check the online system and it indicates that your case was approved and you have not received an approval notice), USCIS encourages you to submit an inquiry to the e-mail box: CSC.NoNotice@DHS.Gov. Please include your receipt number and/or your "A" number with your inquiry. USCIS expects to respond to email inquiries within 30 calendar days.

    ________________
    Contributed $260 so far




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  • McLuvin
    03-04 05:10 PM
    I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

    I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

    For those that are still on the journey - just hang in there and your time surely will come!

    Congrats !!! I think u should party hard for a long time...



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  • CaliHoneB
    02-24 07:25 PM
    I have been reading all the posts and been contributing modestly and been suffering for a long time because of retrogression. In my humble opinion what ever we do if it needs to succeed we definitely need to *distinguish* ourselves from illegal aliens and other professions and prove that us staying here is in best interest of the US. Not to discourage anybody but CIR is a big task and I don't think politicians are really ready to solve this problem because of its magnitude and huge implications it is going to have for deciding to go one way or another. Probably retrogression would have been solvable with relative difficulty if it is not for the timing of CIR.
    and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
    I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
    If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
    I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....



    I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..

    http://immigrationvoice.org/forum/showthread.php?t=600




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  • WAIT_FOR_EVER_GC
    09-05 09:12 PM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Here is the scenario
    When you left the country you must have handed your I-94 to the staff. This information
    will be in the system, when you arrive here on GC they may let you in without any problem or can question you how you are approved while being out of country.

    AOS(adjustment of status) means that you are adjusting from H1-B or whichever visa you have to permanent residency. For this adjustment you have to be in the country.
    If you had opted for conseller processing than things would have been different.
    You applied to Adjust within the US. here is where the issue is....

    Consult a good attorney before taking a step, because in the long run when you apply for your citizenship they may refuse it and send you back.




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  • naidu
    12-09 10:21 AM
    We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.




    immiindi09
    01-09 04:36 PM
    Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.




    Irs
    02-28 04:51 PM
    Online search would give a bunch of sites… you know your insurance needs for you/family better than anyone….You may find one or many but trade-offs are inevitable... make sure to compare the new insurance that you will be buying against the one you have to validate coverage...



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