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    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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  • RNGC
    02-11 01:36 PM
    Pappu,

    I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.

    Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.

    We can allow member testimonials for the attorneys which will be very helpful...





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  • itsmesabby
    06-30 11:07 AM
    Hi Elaine... could you please address the question from mhtanim above..





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  • loudoggs
    11-29 06:36 PM
    In my opinion, honesty is the best policy. This was 6 years ago and if you have a clean record ever since, you should be ok (according to me). You committed a mistake, admitted it and learned from it.

    On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.

    You have to make the choice. Good luck.

    I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

    However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

    It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

    Any advice would be greatly appreciated.



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  • 4yourforGC
    04-02 01:41 AM
    I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.





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  • hpandey
    11-05 12:23 PM
    If she gets her H1 visa stamped while returning and then uses that to re-enter the country then even if the I-485 gets rejected then she can continue on her H1 visa and will not be Out of Status. That is a good strategy to maintain status with pending I-485.



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  • jackisback
    03-12 07:24 PM
    pointlesswait-

    How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?

    Thanks.





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  • SertTurk
    07-19 09:39 AM
    Did not recieve any cards,what is that?



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  • ajju
    08-13 12:44 AM
    This means clouds are flooded with GC's and they are dropping to earth drop by drop.

    loved the song.. heard so many times.. without knowing the detailed meaning :-)

    I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)





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  • WTFever
    12-02 04:51 PM
    Hello everyone. Sorry if this is the wrong section.

    My mother has trouble with her knees and it is hard for her to do things around the house sometimes, and it is getting worse. She would like a live-in person to make things a little easier on bad days. She just needs someone that can help with or do everyday household chores, but does not require professional health care support.

    She has a friend in the philippines doing christian outreach work. The friend introduced her to a nice lady willing and able to come assist mom, and they chat often and have become friends. My mother would like to bring her to the USA to help around the house, and maybe enroll her in school since constant care is certainly not needed. (There are several good colleges closeby)

    I have tried researching it for her, but am now honestly confused. As far as I could make out, mom would need to get the lady here on H-2B....but i could be wrong.

    Can someone give us some advice please?

    Oh, one other thing. The condition of mom's knees are still up in the air with the docs. It is unknown whether surgery will be required, or how long healing might take...if it occurs at all. I don't think she can get the lady an indefinite stay, but I think she can come here and the lenght of stay be adjusted if needed.

    Thanks for any advice or help you can offer. I hope to be able to get a 1-2-3 condensed version. My eyes are bleeding from reading rules and regs


    ----------------------------------
    Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts. -- Admin



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  • Libra
    08-22 08:05 PM
    dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.





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  • sukhyani
    01-27 11:43 PM
    Are you from Rest of the world or India/china?

    Rest of the World.



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  • ajm
    05-25 08:16 AM
    Opening a new thread to discuss the Gregg amendment which passed the Senate yesterday.





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  • what4gc
    05-14 12:34 PM
    Mine was sitting in the mail box, no signature required.



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  • bp333
    09-25 04:41 PM
    http://www.cnn.com/2009/POLITICS/09/25/navarrette.obama.immigration/index.html

    By Ruben Navarrette Jr.
    Special to CNN

    Editor's note: Ruben Navarrette Jr. is a nationally syndicated columnist and a regular contributor to CNN.com. Read his column here.


    Ruben Navarrette Jr. asks why the nation's chief multitasker can't take time for immigration reform.

    SAN DIEGO, California (CNN) -- President Obama has placed the immigration reform community at the back of the bus.

    This same president who insists the country can't wait to fix what he calls a broken health care system tells reformers to wait for him to get around to fixing what they consider to be an equally broken immigration system.

    The same president who tried to juggle a half dozen major policy initiatives in his first few months in office now seems unsure of his ability to -- as he told Univision's Jorge Ramos in an interview last weekend -- "solve every problem at once."

    And the same president who seems to understand that the longer he waits to accomplish health care reform, the more difficult it will be to get, doesn't seem to understand the same is true with immigration reform.

    The political math for both kinds of reform only gets more difficult if Democrats lose seats in the House and Senate in next year's midterm elections, as is expected to happen.

    During a recent speech to a black-tie gala for the Congressional Hispanic Caucus, Obama again promised action on immigration -- at some point. But he didn't give a timetable.

    Obama and his advisers decided to attack health care reform before immigration reform. That obviously was a mistake.


    'Latino in America'
    The Latino population is set to nearly triple by 2050. This October, Soledad O'Brien journeys into the homes and hearts of a group destined to change the U.S. Witness the evolution of a country as Latinos change America and America changes Latinos.
    October 21 & 22, 9 p.m. ET

    see full schedule �
    One thing that has thrown a wrench into the prospects for health care reform is the Joe Wilsonian concern that illegal immigrants might get free health care as a result of the reform process. Had that issue been addressed beforehand by giving illegal immigrants a path to earned legalization, that controversy might have been defused. Now Obama might walk away with nothing.

    Be that as it may, it's clear that immigration reform just isn't a top priority for this administration.

    The White House may view this as a niche issue, one with limited impact on any group other than Latinos. If so, that shows how little they know.

    Business groups, law enforcement, border security advocates, organized labor, high-tech firms, university educators and others are all clamoring for immigration reform. For the record, Latinos care about the same issues the president seems to care about -- the economy, education and health care. But they also care about immigration because they see it as a test of political courage.

    They're well-aware of the resistance out there to giving illegal immigrants a path to earned legalization, and so they're drawn to elected officials who are willing to brave those winds in order to do the right thing.

    Does that include Obama? At this point, who knows? Time flies when a president is stalling.

    It was just several months ago that White House officials were promising that Obama would address immigration reform before the end of the year. Now that timeline seems to have been pushed back to the beginning of 2010. And with midterm elections next November, we can expect Congress to invest -- at most -- five or six months on this issue.

    Don't Miss
    Commentary: Our culture of rudeness
    Commentary: Why the shock over Joe Wilson?
    In Depth: Latino in America
    In Depth: Commentaries
    For all intents and purposes, the curtain closes when Congress adjourns for summer recess next year, since members will spend most of the fall campaigning for re-election.

    Given all that, immigration reform could easily lapse into Obama's second term, if there is a second term. For now, the president's reluctance to approach the issue in a meaningful way that goes beyond assurances to advocacy groups and promises to Hispanic audiences seems to be prompting members of Congress to take the reins.

    Both Sen. Chuck Schumer, D-New York, and Rep. Luis Gutierrez, D-Illinois, have promised to unveil immigration reform proposals in the coming weeks.

    Schumer is already behind schedule, since he said he would come up with something by Labor Day. Still, this is all a notable departure from what happened under President Bush, where it was the White House that tried to lead Congress toward immigration reform.

    Now it's the other way around. Call that what you want. But it's not leadership on an issue that demands nothing less.

    The opinions expressed in this commentary are solely those of Ruben Navarrette Jr.





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  • immi_seeker
    09-27 02:46 PM
    I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?

    TIA

    Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records



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  • webm
    10-22 09:44 AM
    I guess all the EB2 june filers might get approvals rather than EB3 June..right??

    Has anyone in the EB3 category (june 2007 filers) got any approvals??


    Cheers!!





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  • svn
    04-07 07:06 PM
    After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)

    Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)

    I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.





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  • a_yaja
    04-18 09:32 AM
    if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
    Only in under-developed areas. For a developed area, it is $1 million.





    kosikosi
    09-29 02:17 PM
    Can anyone help me.
    My I -485 status on line says my case has be suspended due to the rejection of my finger printing fee.
    Meanwhile i received my finger printing notice eventhough my case was suspended.
    My attorney responded to the billing notice and USCIS wrote (This Letter the uscis sent was dated Sept 17 th .)back to say that the check we sent was an overpayment because we proved to them that the initial check had been cashed.

    The problem is that the status on line still is suspended. I called the TSC and the operator said the case is in their system.
    What can i do to correct these conflicting messages.
    Can anyone suggest what i should do
    kosikosi





    ragz4u
    03-06 12:46 PM
    i contacted Senator dewine, urging him to back the PACE act
    here is the reply i got

    keep ur fingers crossed:)


    Dear xxxxxx

    Thank you for contacting me regarding illegal immigration. I agree
    that
    illegal immigration is a very serious problem and appreciate knowing
    your
    views.

    Currently, there are approximately 11 million undocumented immigrants
    in
    the United States, with close to 1 million more arriving every year.
    Yet,
    our current immigration system is broken. It is a system that is not
    good
    for American security, particularly during our fight to combat
    international terrorism. It is not good for American workers and
    businesses. And, it is not good for the immigrants, themselves.

    To tackle this problem, we must have a comprehensive immigration plan
    that
    toughens our borders, documents illegal immigrants, and provides for
    American labor needs. The Senate Judiciary Committee, of which I am a
    member, is set to take up immigration reform soon. In fact, several
    immigration bills are currently pending before the Committee, including
    a
    border protection bill passed by the House of Representatives in
    December
    2005. As the Judiciary and the full Senate debate immigration reform,
    I
    will be certain to keep your views in mind.

    Again, thank you for contacting me. If you have any additional
    concerns,
    please feel free to contact me anytime.

    Very respectfully yours,
    MIKE DeWINE
    United States Senator

    RMD/bf

    Disclaimer: The email account that this message originated from does
    not
    accept inbound messages, therefore please send all electronic
    correspondence through our webform located at:
    http://dewine.senate.gov.


    This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.


    As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.

    Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.

    You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you



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