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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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  • palemguy
    08-21 11:01 AM
    PD : April 2004
    RD : July 3, 2007
    140 was approved





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  • chakjobs
    12-25 09:29 AM
    Hi Perm,

    When I requested the company they sent me the "Wage report" form.
    I am trying to understand if this is really the "unemployment wage report"?, Is there a specific form number that I need look for and request the company to send me the specific form. It would be helpful if there is specific information related to this form.

    Thanks a lot for all your help and valuable information.
    Merry Christmas!

    Thanks & Regards,
    Chak





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  • saketkapur
    04-13 09:27 PM
    Well I checked with my old employer's legal dept and the lawyer and they won't be revoking my 140........also since its a soft LUD so it should not be so far related to my layoff....
    However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
    In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
    Lets see who will win the race of paperwork and beurocratic bullshit...... :eek:

    Another day in paradise....... :rolleyes:



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  • Aah_GC
    06-14 12:29 AM
    Hi Guys,

    For those who applied for EAD using eFile, please post information on supporting documents you sent.

    Any other info on post-eFile of EAD is welcome.

    Thanks.

    Edit:

    Prepared the following documents today along with a cover letter -

    Copy of the Confirmation Receipt notice
    Copy of Current EAD (Front & Back)
    Copy of I-485 receipt
    Copies of I485 Case Transfer notices if any
    Copy of Cut out mailer of previous EAD Approval.
    Copy of I-94
    Copy of Passport (which has Bio-graphic data)
    Copy of Drivers License


    Important: YOU DONT HAVE TO SEND PICTURES


    I intend to send mine and my spouse's documents seperately.

    Update: Got my receipt (and my spouse's) from TSC today. (Exactly after a week).





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  • brad_sk2
    08-14 06:22 PM
    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.



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  • superdude
    07-21 11:08 PM
    Hello,

    I have a couple of questions here:

    1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?

    2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??

    Thanks in advance for all the replies.
    I did not enter the A# on 485 as it is diff on 140 and OPT card. My lawyer suggested not to enter the A#. Pls cofirm the same with your lawyer





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  • EdenMN
    07-18 09:38 AM
    Thanks to IV core team and all members who are contributing for its success



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  • punjabi
    07-18 10:50 AM
    Hi,

    Even my co-workers (including me) have not received their returned applications. I have a question here:

    The Cover letter of my 485 petition was signed by MY EMPLOYER on the company's letterhead. Just in case, just in case, INS decides to return that application - will it be sent to my employer's address or to my residential address??

    There was no attorney involved and it was not a concurrent filing with I-140.

    Appreciate your reply.

    Punjabi





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  • rrk
    03-18 11:35 AM
    what is GC sponser? ABC company couldnt find a project for me. So i am on bench.



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  • senk1s
    04-16 04:33 PM
    earliest is 120 days from expiration

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD





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  • h1extn
    08-07 11:24 PM
    Hi All
    If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help



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  • senthil
    02-12 11:03 AM
    ive seen a minimum of a month to six months max as an average. but it could still vary as said by others and also depends if you get any RFE etc. thanks





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  • jamsumfarray
    11-16 05:58 PM
    hi i guess will keep my case as non rir it self
    thanks



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  • gcseeker2002
    02-12 05:14 PM
    If you have approved labor and 140, why you want to file EB2 perm?

    1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.

    2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.

    Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
    Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.





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  • gc_chahiye
    10-26 04:08 PM
    Can I fill AP directly instead of going thru the lawyer?

    Thanks

    yes! Include the copy of your 485 receipt inthe appplication.
    EAD and AP are simple enough that you can apply/renew on your own without paying a lawyer.



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  • Munna Bhai
    12-03 12:24 PM
    Anyone with a detailed answer like logiclife spelled out here?

    No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.





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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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  • sdrblr
    10-11 05:30 PM
    Just write to your state DOL and they will take care after that. You might have to provide some proof for them to start investigation. Make sure you have a plan B with regards to work and status if things go south.





    HOPE_GC_SOON
    07-19 04:35 PM
    Thanks Meridiani.

    Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.

    Let's keep fingers crossed..

    Thanks,


    preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

    pre-adjudication has three advantages compared to starting to process only when teh PD is current:
    - If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
    - if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
    - its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

    ur status does not change when your case is pre-adjudicated.





    eb2dec2005
    10-01 07:57 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55

    My receipt number is : 5533-1428-2079-6501



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