nixstor
06-30 06:35 PM
Any thing related to EB immigration, whether it be H1B cap/VB/Retrogression, it has been spreading like wild fire and traveling faster than the speed of wire. On one occasion, I felt that we and lawyers are probably giving more input to the USCIS. Some rumor/educated guess kicks off some where and it ends up in the lap of USCIS. Like H1B cap. People predicted and predicted non stop for 2 months that it will be over on day one. Its not a prediction. It was a forced situation to some extent. This whole VB revision is similar, if it happens
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glus
06-07 08:08 AM
The only option you have is to get into the U.S. and start working for the employer who sponsored your H-1B. After you establish that you work for the employer, you may start looking for another company, who can then do a transfer with H-1B extension for you, or you can ask your original employer to file extension of H-1B for you. In either case, you did not loose any of the 6 year time. The time starts counting after you enter U.S and are in H-1B status.
aachoo
09-17 01:11 AM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
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txh1b
08-16 05:14 PM
1. Depends on the IO. Most of them take you for the interview together unless the legitamacy of your marriage is in question which will not likely be the case for employment based GC unless the marriage was close to the visa bulletin date or similar.
2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.
AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.
2. You can take any attorney you want to however it is not needed if your case is straight forward. If you have out of stay period , gap in employment and criminal issue, an attorney can just advise you in case the IO asks something that is against the law or you answering the question might prove to have bad consequences. The attorney cannot answer any of the questions asked. Take all documents and not just the ones mentioned in the interview. It would help you for any out of the way questions.
AN attorney is really not needed for many cases unless you have any criminal convictions or borderline legal points to make you eligible for the 485.
more...
varadan73
12-12 01:00 PM
What if i leave it just like that?
raysaikat
09-13 03:56 PM
Hello,
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:
1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)
OR
• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.
When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:
1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)
OR
• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.
When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
more...
jonty_11
07-31 01:54 PM
u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...
Confirm with lawyer...
Confirm with lawyer...
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pnc
08-02 12:52 PM
Does anyone has any update about this Amendment?
more...
JA1HIND
01-26 11:04 AM
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
Thank you USCIS for giving me this power of prediction....alright all, now I can predict TSC next processing dates that will be published in(Feb 08) so that we dont have to wait till next month: dates will be June 23rd if processing dates published exactly on Feb 14th, 2008 & it's going to June 25th if published on Feb 26th, 2008...
So having said that, now you all can do math on how ling it's going to take to process Aug 07 applied 140 cases.....perfect example any one can refer to or meaning of hopeless service=TSC
Good Luck folks!!
Thank you USCIS for giving me this power of prediction....alright all, now I can predict TSC next processing dates that will be published in(Feb 08) so that we dont have to wait till next month: dates will be June 23rd if processing dates published exactly on Feb 14th, 2008 & it's going to June 25th if published on Feb 26th, 2008...
So having said that, now you all can do math on how ling it's going to take to process Aug 07 applied 140 cases.....perfect example any one can refer to or meaning of hopeless service=TSC
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cin45220
12-07 11:51 AM
I do not understand why Indian news papers tout salaries offered to IIT/IIM graduates in foreign companies in overseas locations. It�s a net loss for the country�
First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.
-CinBoy
First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.
-CinBoy
more...
saimrathi
08-22 02:23 PM
I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19
Friends Need Advise Please!
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
Friends Need Advise Please!
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
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brb2
03-26 08:58 PM
The worst thing about TOI is that they routinely censor out on-line posts which are critical of their article/opinion. Since then I have stopped posting anything on TOI. On-line editors seem to be control freaks.
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peer123
07-17 10:43 AM
I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.
I feel for you man, This is the main reason why left consulting with Desi firms long time ago. The act like parasites,... I am only referring to people who are so, I am not commenting on the large community of good employers....
I feel for you man, This is the main reason why left consulting with Desi firms long time ago. The act like parasites,... I am only referring to people who are so, I am not commenting on the large community of good employers....
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ARUNRAMANATHAN
05-22 08:41 PM
If we have a new Merit based system introduced
Does this mean that No more PERM and i-140 ?
Just the Merit Based System and Port PD to that system ?
Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....
I am in the same situvation have to change firm ...from A to B with approved 140 from A.
BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !
Arun
Does this mean that No more PERM and i-140 ?
Just the Merit Based System and Port PD to that system ?
Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....
I am in the same situvation have to change firm ...from A to B with approved 140 from A.
BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !
Arun
more...
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gcdreamer05
09-01 09:37 AM
hi sharadara,
Try to talk to someone in spain consultate or someone who knows spain visa rules.
For example a person on h4 visa in US cannot work, so it depends on what visa type you are going to be going for in Spain and does that visa type allow you to work.
If it allows you to work, then you can do telecommute and work and make money.
So the country of residence and your visa type dictates the same.
This forum has lot of folks who work in US/Canada, but not many from spain, i would try googling for some other forums or contact the spain consulate for help.
Thanks
Dreamer05
Try to talk to someone in spain consultate or someone who knows spain visa rules.
For example a person on h4 visa in US cannot work, so it depends on what visa type you are going to be going for in Spain and does that visa type allow you to work.
If it allows you to work, then you can do telecommute and work and make money.
So the country of residence and your visa type dictates the same.
This forum has lot of folks who work in US/Canada, but not many from spain, i would try googling for some other forums or contact the spain consulate for help.
Thanks
Dreamer05
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surabhi
06-02 10:50 AM
NKR, thanks . I am considering that option.
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
more...
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silpa_23
05-19 06:08 PM
Greetings,
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
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InTheMoment
07-11 10:37 PM
With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
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$eeGrEeN
03-31 01:30 PM
Here are some possible, quick steps that you can take. Get your own report, this might be useful , http://www.intelius.com/background-verification.html .
Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].
If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.
Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].
If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.
Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
gunsnkars
10-17 12:10 PM
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govindk
10-30 11:02 PM
My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
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