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.
sport funny. Funny Sport
gparr
November 21st, 2005, 11:01 AM
The first one
sport funny. Funny sport action
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)
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)
sport funny. Funny Sport Photo 38 - Funny
hellomms
05-27 03:29 PM
Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
more...
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vali
11-14 12:07 PM
- The A0XX XXX XXX is the A number or alien number
- Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
- No one knows when you will get your GC. Your PD is old so you may get lucky soon...
Thanks for your prompt response.
- still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
That is what alien number means in English ? Sorry.
- Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
- No one knows when you will get your GC. Your PD is old so you may get lucky soon...
Thanks for your prompt response.
- still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
That is what alien number means in English ? Sorry.
sport funny. 30 Incredibly Hilarious Sports
wandmaker
03-16 06:47 PM
My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????
Please correct your profile
Please correct your profile
more...
sport funny. Sport 2 - Funny Sport Pictures
wandmaker
12-31 12:30 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
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gcnotfiledyet
03-16 05:54 PM
My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????
If you show them marriage certificate they should be able to backdate the dates of coverage. That is what happened in my case. Other option is to shop for private insurance for few days. You will pay premium. Get some cheaper insurance then you run risk of lot of loopholes in coverage. Get travel insurance from companies in India. There are plenty and you can find discussion on this forum. Check with pre existing condition clause with your insurance company even if the coverage starts from 1st.
Other option is to have your wife come after 1st of month or pray to God that she doesn't fall sick, just kidding.
If you show them marriage certificate they should be able to backdate the dates of coverage. That is what happened in my case. Other option is to shop for private insurance for few days. You will pay premium. Get some cheaper insurance then you run risk of lot of loopholes in coverage. Get travel insurance from companies in India. There are plenty and you can find discussion on this forum. Check with pre existing condition clause with your insurance company even if the coverage starts from 1st.
Other option is to have your wife come after 1st of month or pray to God that she doesn't fall sick, just kidding.
more...
sport funny. Leave a Comment :funny sport,
ImmiLosers
01-09 03:28 PM
They don't get free renewal .. they have to pay everytime they renew their EAD/AP. :(
luckily right now we can get 2 years EAD for every renewal (some conditions apply).
ps : need more green <hint> <hint> :D
What conditions to be met for getting 2 years renewal? Anyone...
I am about to send my package to lawyer for AP/EAD renewal, URGENT!
luckily right now we can get 2 years EAD for every renewal (some conditions apply).
ps : need more green <hint> <hint> :D
What conditions to be met for getting 2 years renewal? Anyone...
I am about to send my package to lawyer for AP/EAD renewal, URGENT!
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stucklabor
03-11 12:12 PM
Thanks buddy. That was the answer I was looking for.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
more...
sport funny. 1223086819_Funny_spo.
makemygc
06-12 07:38 PM
See my response below:-
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
sport funny. Re: Funny Sport Faces
eb3India
11-30 11:44 AM
Hi,
I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
more...
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kshitijnt
05-05 12:38 AM
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
sport funny. sport funny.
pappu
06-03 12:47 PM
Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
more...
sport funny. Sport Funny
ssdtm
12-11 04:49 PM
Here is good thread that answers most of your questions
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
http://www.immigration-information.com/forums/showthread.php?t=1129&page=6
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nosightofgc
04-05 09:59 AM
I am scheduled to close my refinancing (changing from conventional to FHA). Quicken Loan processed my loan - of course their charges are a lot more than others. The point is, I did not face any objections so far due to EAD status. Of course they asked my EAD copy a few times. Hope this helps!
more...
sport funny. 30 Incredibly Hilarious Sports
go_guy123
05-22 02:37 PM
Thanks for your Reply.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
You can file the complaint and once they give you ticket to India , you can available that to go to India.
In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
working capital to pay you even if the client is not/delaying payment.
This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.
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malibuguy007
10-01 08:57 PM
Come on everyone, I know ;) you have not spent it all just yet - it is still the 1st of the month. Loosen those purse strings a little and contribute to the community which is always there to help you when you have questions and need suggestions.
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atlfp
04-08 12:34 PM
I thought the "Freedom of Information Act" requires the federal goverment to disclose all data and procedure unless it is exempt by some other laws (list of super spies, for instance). Wouldn't it be possible to using this law to force them to disclose their numbers?
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
Is there any month by month ombudsman report? I was just thinking It doesn't have too much of use if they report AFTER the number is wasted....
I am not an expert in law but we cannot "Force" the deparment of state to release numbers. However some numbers are already available for 2005 in usage stats.
If they waste numbers in 2006, then they may be recaptured and used in 2007 - ONLY IF - the comprehensive bill or the PACE act passes as both have recapture provision.
Doesnt the ombudsman report show all numbers even today? I thought they did.
Cranberry160
12-02 12:20 PM
Miamikk,
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
BraveMadMan
07-17 11:55 PM
Totally agree. Let's relax for a few days, and then move on to tackle the issues
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