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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)





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  • javadeveloper
    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?





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  • sammyb
    10-12 04:58 PM
    ^^^^^^^^^^^^

    guess we are the only two on this thread .. isn't there anyone else in LI ... :confused:





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  • andy garcia
    11-04 08:20 PM
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.

    How are AP and EAD related?

    My son and I have never applied for AP and we have got two EAD's.

    My wife on the other hand has never applied for EAD, only AP.



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  • eb3retro
    02-27 03:03 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

    and for god sake, please update your profile.





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  • kevinkris
    05-07 09:34 PM
    Now they want to visit client place for the H1b people.

    There are only 415,000 H1-b holders in USA.
    And number of employed labor in USA are 144 million. (as per DOL)

    And we form 0.28% of the workforce in the entire USA.

    Why the hell they are whining about 0.28% ??
    Can anybody tell me if i am wrong with numbers here?

    ---------------------------------------------------------
    05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits

    Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
    ---------------------------------------------------------


    ---------------------------------------------------------
    Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
    Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
    2008: 409,619
    2007: 461,730
    2006: 431,853
    2005: 407,418
    2004: 386,821
    Reach of H-1B Cap in Recent Fiscal Years
    2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
    2009: 1 day
    2008: 2 days
    2007: 56 days
    2006: 132 days
    2005: 184 days
    2004: 323 days
    The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?

    ---------------------------------------------------------



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  • jhaalaa
    03-19 04:15 PM
    I guess OKies are lazy guys. Please post your details so we can help do some more than just benefit from the efforts of others assuming Lady Luck would eventually smile anyway so why bother her now!





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  • sukhyani
    03-05 02:05 PM
    About what to do next, I would say start planning the "got my GC" party. Write down your guest list, the brands of wine and start talking to caterers. By the time you are done with this, you should have your approval.

    LOL! I hope I am approved soon :)



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  • RAJESWARI
    03-25 01:43 PM
    my and my current visa status
    I140 application was approved on may 2008 and the reciept no lin0718352165





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  • Joey Foley
    November 21st, 2005, 07:38 PM
    This right here is one area I REALLY need to improve in.

    I get home from a show (or whatever I've shot), and can't pick my photos for my editor.
    I am ALWAYS so afraid somebody else is going to see and/or like something in a shot that I might not be seeing. I usually end up sending in too many photos.

    I'm probably the most undecisive person in the world:o



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  • texcan
    02-16 11:11 AM
    hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.

    so you are safe.

    But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.

    AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.

    My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
    After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...

    Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....

    I say go for the advancement in career, you are not doing anything wrong.
    My 2 cents.





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  • Refugee_New
    08-15 01:18 PM
    I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
    ************************
    Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.

    If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.

    The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
    Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
    I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.

    Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
    ***********************************

    Hello Sunny,
    Do you think i can take your attroney's help to follow-up on my case? Currently no lawyer is representing my case. Do you think hiring your lawyer will help adjudicating my case? Mine is EB2 02/2002. NC Cleared.



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  • va_dude
    01-29 10:21 AM
    I'm a bit confused too.

    You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?

    Are you guys also Jul/Aug 2007 filers?

    -va_dude





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  • nixstor
    12-02 10:30 PM
    This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.

    WTFever,

    This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.

    www.murthy.com
    www.immigraton.com
    www.immigration-law.com

    HTH



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  • STAmisha
    07-08 06:38 PM
    I guess you can apply for 2 140's





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  • number30
    10-26 12:14 PM
    Hi,

    I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?

    Will there be any limit on how long can I work from out side of US, if I can?

    is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?

    Any help is appriciated,

    Thanks,

    Mickey

    Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.

    Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.



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  • rb_248
    10-26 12:39 PM
    Able to read English or not should not constitute an offense. Not able to read a road sign and erring on that basis is an offense. All the regulatory and warning road signs have a symbol associated with the text (Octogon for stop 'U' for U-turn, curve ahead.....). Only the advisory signs (exit signs and street signs) have English names and no signs.





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  • xbohdpukc
    03-11 09:58 AM
    But the point is - Has he/she said it can not be done at I-485?:confused:

    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.





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  • Alabaman
    06-16 09:19 AM
    I agree. I have been doing this for a while (sending emails to CNN and Fox News) but with no impact... but with many hands on board I think we would get a better chance.





    pani_6
    07-06 11:44 PM
    If I have to apply for a new PERM Lc and then I-140 in EB2..how long would the entire process take

    PERM-How many months??.
    I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done

    Thanks for your answers guys...I am really tired of waiting...





    makemygc
    06-22 11:26 AM
    Download trial version of Adobe Acrobat professional and you can very well save it.

    Along with the data you entered?? :confused:



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