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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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  • test101
    07-17 08:24 PM
    I have to agree. WE need to send him thank you flowers. he worked on helping us.




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  • palemguy
    09-16 12:15 PM
    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?




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  • eastindia
    05-10 09:18 AM
    VB will come today.

    I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.

    We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.

    What do you say?



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  • eb3India
    04-09 03:58 PM
    Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
    No, so don`t worry...nothing will happen.

    well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill

    atleast this is the only issue where president and democrats come close to agreeing on,

    Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue

    I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls




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  • gogal
    01-02 10:49 AM
    It is said that 140 premium takes around 15 days... Is it true that, if there is any query during the premium processing, the 15 day count is not applicable.. I mean it goes back to the normal processing time in case of any query



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  • Blog Feeds
    07-03 05:50 PM
    DHS Leadership Journal Has Just Posted the Following:


    Guardians,

    http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg (http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg)
    Later today, I will be relieved as Commandant of the U.S. Coast Guard by Admiral Robert Papp. It has been an honor to serve as your Commandant for the past four years and I am confident in Admiral Papp's ability to lead the Service during a period of tremendous changes, challenges, and opportunities. The value of the U.S. Coast Guard (http://www.uscg.mil/) has never been greater than it is today and it is the men and women of our great Service who truly make it all possible.

    After the Change of Command ceremony, I will continue to serve as the National Incident Commander for the Gulf of Mexico oil spill for some period of time but I wanted to take this final opportunity to thank you for your tremendous commitment, dedication, and courage over the past four years.

    When I became the Commandant in 2006, I issued a number of orders that I thought were necessary to meet the challenges we faced then and set the conditions for future success. With your help we have accomplished a great deal. We transformed our acquisition process, enhanced our marine safety capability and capacity, created a new and more effective support structure for our Reserve Forces, stood up the Force Readiness Command and Deployable Operations Group, created the Maritime Enforcement Rating, and transformed our maintenance and logistics processes. At the same time we met operational challenges in piracy off the Horn of Africa, the tsunami in America Samoa, the earthquake in Haiti, and more recently the oil spill in the Gulf of Mexico. We accomplished all of that without losing focus on our broader mission set. We continued to interdict drugs and made major strides to eliminate the use of self propelled semi-submersibles. We deployed wireless biometric capability to significantly reduce illegal alien migration. At the same time we saved countless lives.

    In the last six years, we have also strengthened our relationships within the Department of Homeland Security. Through the completion of the first Quadrennial Homeland Security Review (http://www.dhs.gov/qhsr), we helped mature the Department and build the Nation's homeland security enterprise.

    In the process we enhanced our ties to the Department of Defense. We held unprecedented staff talks with the Navy, Air Force, Marines, Army Corps of Engineers and the National Guard Bureau. The Chief of Naval Operations, the Commandant of the Marine Corps and I cosigned "A Cooperative Strategy for 21st Century Seapower" and Naval Operating Concepts. We forged stronger bonds with our interagency partners in the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, Environmental Protection Agency, Maritime Administration, Drug Enforcement Administration, National Transportation Safety Board, and the Department of the Interior. Finally, we strengthened our international ties with our hemispheric partners and through the North Pacific Coast Guard Forum and North Atlantic Coast Guard Forum. Together, we raised the visibility of Coast Guard missions to our external stakeholders and our international partners.

    The common thread connecting each of these of initiatives and actions, and my overarching goal as Commandant, was for the Coast Guard to become more change-centric - to sense changes in our operational environment and have the courage to make course corrections before problems overwhelm us or we have terms dictated to us externally. To do that we must become more diverse, adapt to new technologies, and embrace social media as well. I believe we have become more change-centric and a learning organization that capitalizes on lessons learned. Nowhere has this been more evident than in our responses to the devastating earthquake in Haiti and in our leading role to the ongoing oil spill in the Gulf of Mexico. The world has seen the value of the U.S. Coast Guard in action. We protect, defend, and save America's maritime interests wherever they are at stake - that is the legacy you have left for our future Guardians to embrace.

    In spite of our operational successes, challenges remain. Our operations are not risk free and we have known the pain at the loss of shipmates from USCGC HEALY, MSST Anchorage, CG 6505, and CG 1705. Our promise to them is to prevent future accidents and insure we create the safest possible environment for our personnel. The Coast Guard will meet future challenges because of our multi-mission nature, bias for action, and the incredible talent and dedication of our people. As we look to the future, I encourage each of you to be insatiably curious, to be life-long learners, to look after your shipmates, and, finally, to seize every chance to apply your leadership skills, talent, and competencies when the opportunity presents itself.

    I am incredibly proud of all our active duty members, reservists, civilians and auxiliarists. No matter how fiercely the winds of change swirl around us, our people stabilize the Service. You are America's Maritime Guardians and your country needs you now more than ever. It has been my extraordinary honor to have been your Commandant and I am excited to see where you will take the organization in the future. Fair winds.

    Sincerely,
    Admiral Thad W. Allen

    Reposted from the U.S. Coast Guard's iCommandant (http://blog.uscg.dhs.gov/) blog. Published by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-1824635971714777308?l=journal.dhs.gov
    http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo)
    http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/RBHzjpmLkYI

    More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/RBHzjpmLkYI/commandants-change-of-command.html)




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  • hinvin66
    06-02 02:49 AM
    Recently, I made my own PP photos using http://www.epassportphoto.com/

    This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!

    For a family of 4, this equates to savings of ~ $40!!!

    The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.



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  • ksvreg
    07-17 06:09 PM
    Time to send "Thank you" flowers. What to do you think guys?




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  • itsmesabby
    10-12 04:27 PM
    You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.



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  • bang
    11-18 01:16 AM
    Do we need to go back and renew again after obtaining the new EAD ?

    Yep - got mine 2 months back. Docs to carry

    - Original social security card.
    - Original EAD card
    - The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
    - Passport and I-94 (They did not check this) I took it just in case
    - Cash - 25$

    You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.

    Let me know if you need further details.




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  • webm
    08-27 02:42 PM
    What was the cause for H1B rejection??



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  • ayaskant
    02-01 10:04 AM
    No I didn't file for 485.




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  • andy_8214
    09-15 08:00 PM
    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"



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  • go_gc_way
    09-10 07:51 AM
    Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.

    Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.

    Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.

    Great job.




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  • EndlessWait
    08-24 02:58 PM
    they never clean backlogs. they just move from one queue to other.
    cmon dont u know it by now!



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  • chanduv23
    09-18 12:04 AM
    Thanks, I am in DC now - will see you all in the rally




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  • newuser
    04-05 11:59 AM
    Closed on Mar 26th with Wells Fargo with a 5% down payment conventional loan.

    The monthly PMI was jacked up $55 during closing by my lender. Other than that no issues.




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  • kumar1
    07-13 03:08 PM
    Good.




    Libra
    11-15 02:08 PM
    bumping the thread.....anyone out there to join MN state chapter?




    sunnymit
    08-10 02:11 PM
    Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
    "
    Under the Hindu Marriage Act:

    Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."

    Hindu marriage registration in India is fine. I was wondering how would one get it registered here in US. I would think you would have to marry here to get it registered. Right?



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