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  • mmanurker
    08-11 11:57 AM
    Done..

    EB3-I, PD: Dec2003





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  • desi3933
    02-18 09:56 AM
    I agree with snathan.
    This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...

    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • 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.





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  • Kapils573
    10-07 04:01 PM
    Why do not u go to another License bureau and reapply and see what happens? If the other license bureau issues u Maryland license then take it.Also call up OHIO license bureau and ask them what does "non renewable/non transferable" actually mean and tell them the problem u are facing in Maryland. May be they will say something which will help u when u go to Maryland license bureau.



    Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.

    Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?



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  • svm
    03-09 11:53 PM
    . I had the same. you should be getting an Interview at the local office soon(in one or two months time). They want to verify something regarding your case. In my case it was the missing vaccination document





    multiplication times table chart up to. multiplication times table chart up to_02. img 138 mila kunis make up; img 138 mila kunis make up. Designer Dale. Feb 14, 02:50 PM. Hi. I need tomultiplication times table chart up to. multiplication times table chart up to_02. img 138 mila kunis make up; img 138 mila kunis make up. Designer Dale. Feb 14, 02:50 PM. Hi. I need to
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  • srinivas_o
    09-16 02:41 PM
    Thanks to all of you guys. Your responses makes me feel good about travelling to India. Once again, thank you.



    more...


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  • amits
    07-17 06:20 PM
    I don't have words to show my gratitude and appreciation for IV team.

    On July 2nd, I was so upset. I did not have a clue of what is going to happen.

    Then I came across IV. I joined it as I was joining any forum remotely related to immigration issues.

    Logiclife is right, in the beginning it's difficult to realize how important IV is. But as time passed I realized the strength of IV.

    When employers, attorney, doctors all were busy making money out of our misery, dedicated core members and others in IV were preparing to take our cause forward and to fight till we got the justice.

    Today, And I am glad to be a part of it...
    I am with you guys for just 15 days, but I feel empowered.

    Today, I was exuberant, and I don't think this would have been possible without so much effort, unity, perseverance, and enthusiasm in our group.

    I am going to be a lifetime member and contributor to the cause of IV family.

    I run my family in US and understand it's impossible to maintain a family and make progress in the target areas without proper money flow.

    To help in that area, I am making first time $500 contribution and then $20 per month.

    Thanks a lot IV!

    - Amit

    __________

    Google Order #90033**********





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  • gk_2000
    08-29 01:25 AM
    Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.

    I was so busy worrying I don't have proper shoe, that I didn't notice a person pass by with no leg



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  • multiplication times table chart up to_02.



  • solaris27
    10-15 01:57 PM
    i had LUD same day and one day after .





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  • multiplication times table chart up to_02.



  • eastindia
    01-13 07:38 AM
    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.

    Ha Ha ;):D:o:):(:confused:

    Stop this spreading without proof.



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  • Sideliner
    07-17 07:33 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in..
    I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.

    Good luck.





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  • mayurcreation
    04-18 08:05 AM
    TO WHOM IT MAY CONCERN

    This is to certify that Mr. XXX was full time employed with CompanyName from date to date as a Sr. Programmer Analyst.

    During his tenure with us, he skillfully handled major responsibilities and found him to be hardworking and very productive.

    Mr. XXX job duties and responsibilities include but are not limited to:
    � Job duties and responsibilities from resume�
    � Job duties and responsibilities from resume�
    � Job duties and responsibilities from resume�
    � Job duties and responsibilities from resume�
    � Job duties and responsibilities from resume�

    Please feel free to contact me for further information.

    Sincerely,

    {Name}
    {Title}



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  • rennieallen
    11-04 10:41 AM
    Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...

    That'd be "removing all doubts" ...





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  • arunsarun
    05-23 11:00 AM
    Got it approved for 3 yrs (L1A to H1B)....... still couldnt believe that i won the lottery.



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  • supreet
    05-15 12:46 AM
    Hello All,

    I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.

    I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.

    My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?

    Thanks for all your answers.

    S





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  • Alabaman
    09-05 10:28 PM
    Contact Lou Dobbs and tell him to do a story so he knows what we are going through :)



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  • Madhuri
    07-11 06:00 PM
    I can make some calls.
    Please help people, this is our next action item after the flower campaign.

    Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!

    I challenge you!

    :D





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  • sanam9696
    07-20 07:16 PM
    Thanks everyone for replying.
    However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
    I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
    I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
    I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
    Please advice.

    Thanks very much,
    Sick with worry.

    Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..





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  • ItIsNotFunny
    10-27 03:52 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Change is hard - but change definitely brings new hope and prosperity.

    With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.

    Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.

    Lets all be together in turbulent times and work towards the change that we always want to see.

    IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.

    Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.

    I Wish God Give me Strength to Fight Legal Immigration Injustice.

    When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad

    So, I know god is with me.

    Wish all so deserved people Green Card this year.





    immigrationvoice1
    01-29 11:13 AM
    Class of Admission: H1B
    Date of intended Departure: Any future date (3 months from now or anything..)
    Expected length of stay: One month

    Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.

    Hope that helps.

    Dear All,

    I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.

    In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.

    In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.

    I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."

    Please, please help me in this regards.

    I would really appreciate if any one can help me out in this matter.





    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



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