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  • pointlesswait
    12-09 11:21 AM
    i have not come across any success stories of USCIS to CP move.

    Also, i am not sure if the company must keep an empty chair for you..till you complete the CP process.

    I was told that as long as the firm can give a letter stating that the job will be offered once you get ur GC..that should be good enough.

    you are venturing into the unknown jungles....;-) ..best of luck

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  • ItIsNotFunny
    04-04 09:29 AM
    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.

    Ha ha ha.

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  • sriharirag
    07-16 09:57 AM
    In the article. It also says that

    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    So, we don't know...

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  • munshiviral
    10-26 02:55 PM
    Hi Guys,

    Thanks for the feedback. Still I am little bit confused so here are my very specific questions.

    1. Can I work for a US firm which has office in India while staying in India?

    2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?

    3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?




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  • chakjobs
    12-23 11:27 PM
    Hi Nair/Perm,

    I am not a returning US resident.

    One of the companies sponsored my H1B and I am trying to get the visa stamped in India.

    I got the wage report from the company but not the "Unemployment" wage report, so I am confused.

    Any help about the document would be greatly appreciated.

    Thanks a lot for all your help.

    Have a nice time!

    Thanks & Regards,

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  • gc03
    10-20 10:31 AM
    I went to stamping in Montreal on 10/10/06. No issues or problems. I also recommend to be prepared for a lot of questions, and take all the paperwork.

    My visa was also expired in 2004. I got 3 years VISA stamp upon my 3 year extention approval.
    Good Luck.


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  • omved
    10-02 02:25 AM
    Not bad, got visa approved same day. This was my 7th year H1 extension, while I485 is pending, applied last year July..

    Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..

    Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..

    Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)

    Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2

    All the best to you all...

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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.

    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:


    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


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  • anilsal
    01-11 03:03 PM
    toward IV activities. It will not only bring you hope, peace and sense of something noble but also will benefit your cause.

    Thanks for coming forward with your frustration.

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  • roseball
    04-20 09:24 AM
    You should file for amendment before your current I-94 expires....If you already have a I-94 from Kaplan, do it asap...Your lawyer should have known better....


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  • j751
    07-17 03:19 PM
    Karanp25 I know where you come from...and honestly seems like you've got a worm up your axx... You deserve to get laid on a block of ice and get your axx whipped....

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  • upuaut
    09-20 03:05 AM
    forgot.. another nice feature of Painter 6.0 at least and I assume of 7.0. It will use any Photoshop plugins. Likewise it will import and export to Photoshop's psd format. I really believe that the programs are both good and are fated to be used together.

    for instance.. the magic wand tool in painter does not even come close to the one in Photoshop.


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  • saint_2010
    09-17 04:41 PM
    although some of us could not make it to DC...we do acknowledge your's and other members of IV's efforts in making this rally a success in progress....

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  • alparsons
    January 1st, 2005, 02:22 PM
    Hi Gary,
    As you discovered strobe is hard to work with for tricky product shots, and glassware can be tricky. I would switch to a floodlight bounced off the ceiling as a starting point. Possibly tinkering with the reflectors to get a little more sparkle in the front would improve it somewhat, as would placing hidden pieces of something to have the transmitted portion of the glass brightened a little. To soften the edge of the highlights try opening the lens to a wider aperature so the reflections are out of focus (gets a little tricky as it probably needs to be stoped down enough to maintain the sharpness of the glass itself.

    You probably don't need to spend much on equipment (maybe $5 each for a couple hardware store flood reflectors or a couple bucks for a little more poster board. Maybe 50 cents for a pack of 3x5 cards to cut up to hide behind the glassware , or maybe the gray side of scraps of duct tape might look better)

    The basic approach that works best when it must look superb is usualy to lock everything down, shoot it, evaluate, make incremental changes, and reshoot. and sometimes repeat.


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  • yabadaba
    09-14 12:48 PM
    me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed

    what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?

    what about stamping in a place like Dubai.. anyideas?

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  • kshitijnt
    04-26 03:40 PM
    Thanks so much for the responses.

    I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.

    "As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."

    Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?

    Thanks again.

    The change of status would have been effective in october. You do not need to inform USCIS until september. As a matter for your benefit, avoid it telling to USCIS until september. Check with previous company's lawyer if they applied change in status. The attorney will tell you that. I-94 that comes with H1 status change, and is your property and you can demand that from the company. If they do not cooperate, inform USCIS anyway.


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  • Blog Feeds
    01-20 08:20 AM
    In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.

    The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:

    � Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
    � Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
    This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.

    Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.

    The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.

    Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.

    Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
    Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.

    Advantages of H-3 category

    1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.

    2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.

    3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.

    Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.

    In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.

    H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.

    More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)

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  • sbdol
    07-20 10:47 AM

    IV core has thought about this specific proposal before and it is already on our radar. Thanks for suggesting though.
    Thanks indio0617.
    As I said I was sure the idea is not new simply beause it is too obvious.
    Did you try to persuade members of Congress/Senate to submit such proposal ?

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  • voicerj
    05-12 01:43 PM
    Where do we need to send the questions for the free conference call today ?

    09-08 05:16 PM
    Hi all,
    I know the Forums are still pretty active but is the IV Organisation itself still active?

    I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.

    Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.

    If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!

    01-20 03:05 PM
    Forgive me for being naive and ignorant but I thought Obama was for immigrants/immigration/CIR. What Happened here? Did I miss something..Fill me in if you can please. Thanks.