scabal12
06-12 06:59 PM
Also my H1-B is valid till 2011.
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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)
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)
bobzibub
10-15 11:32 AM
AILA has asked USCIS that question 6 months ago.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
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gc_on_demand
08-06 03:05 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
more...
narenkasam
01-25 10:44 AM
did you change the address after filing for you I485
gc28262
02-10 11:06 AM
When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?
Or is the receipt number enough ?
Or is the receipt number enough ?
more...
nousername
09-11 08:26 PM
Has anyone recently used AP to enter the US from San Francisco, CA?
I would appreciate if you can please share your experience and the documents you carried (showed) at the POE.
Thanks
I would appreciate if you can please share your experience and the documents you carried (showed) at the POE.
Thanks
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nozerd
09-14 12:47 PM
When is the next lawyers call ? I wanted to ask a question but cant find any details. Please inform.
Thanks
Thanks
more...
HawaldarNaik
11-20 11:47 AM
Paper
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JunRN
12-18 02:49 PM
Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
more...
srikondoji
05-21 05:29 PM
"Senate Majority Leader Harry Reid said the bipartisan compromise reached late last week is imperfect but a starting point for debate."
Everybody agrees that this needs amendments. So, why oppose it and not amend it?
Let us get our points accross and get our amendments. When the lawmakers have decided to fix the immigration system then they will have to address both legal/illegal.
Everybody agrees that this needs amendments. So, why oppose it and not amend it?
Let us get our points accross and get our amendments. When the lawmakers have decided to fix the immigration system then they will have to address both legal/illegal.
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stucklabor
07-12 09:24 AM
EADchallenged, please check your PM.
more...
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makemygc
06-22 11:31 AM
What do you think? Any guesses?
Ok I saw your second posting now. Hmm..I'll try
thanks
Ok I saw your second posting now. Hmm..I'll try
thanks
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hebbar77
05-15 06:27 PM
This gentleman is Feb 06 and is worried about his wife's GC not being approved, while folks and a lot of 'Janta' like us have PD's before his, and are still waiting............makes me more and more dukheeeee.........
Lets admit it now... we are all selfish and so is he... am I wrong?
Lets admit it now... we are all selfish and so is he... am I wrong?
more...
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cvk90
07-05 11:46 AM
Hello,
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
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harikris
05-20 08:09 PM
President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
After a long period, this piece of news is most welcome. This is precisely what we need - people that really matter are going to take up this issue. Hopefully, they reach some logical conclusion on legal immigrant petitions. All we can do from outside is to influence their discussions/debates by making our views heard.
more...
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immi_seeker
09-27 03:29 PM
Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.
Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?
I think the time it takes for FP varies from ASC's to ASC's. Mine was done at phoenix and it tooks three hours for us from the time we went in to time we came out. It it is in the morning i guess it would be much faster becuase yours my be one of the first appointments
Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?
I think the time it takes for FP varies from ASC's to ASC's. Mine was done at phoenix and it tooks three hours for us from the time we went in to time we came out. It it is in the morning i guess it would be much faster becuase yours my be one of the first appointments
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desi485
11-18 06:53 PM
Amazing progress NSC from July 04 - > July 05 :D
They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:
Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.
They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:
Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.
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chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
zoozee
06-11 05:56 PM
Mistake..............Now i am not able to change the title-sorry guys.
gvenkat
05-20 04:33 PM
President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
Good if at all anything thats our only hope. If there is only amnesty for illegals atleast we can be illegals rightfully.. like overstay or even not be on H1.. etc... :D:D
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
Good if at all anything thats our only hope. If there is only amnesty for illegals atleast we can be illegals rightfully.. like overstay or even not be on H1.. etc... :D:D
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