duncanidaho
02-17 10:51 PM
Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
wallpaper will smith and family on oprah
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.
vandanaverdia
09-10 12:44 PM
Calling all WASHINGTONIANS!!! Rise & shine....
2011 Will Smith And The Family On
laborfd
10-15 02:06 PM
What is LUD? and how do we check it?
more...
vandanaverdia
09-11 02:56 PM
FYI
"Competing against fast-growing technology companies in India offering jobs with handsome pay raises and quick promotions, Microsoft has to work harder these days to attract and retain the best and brightest Indian engineering talent."
http://www.canada.com/topics/technol...d08f52&k=30524
Please join the WA state chapter....
"Competing against fast-growing technology companies in India offering jobs with handsome pay raises and quick promotions, Microsoft has to work harder these days to attract and retain the best and brightest Indian engineering talent."
http://www.canada.com/topics/technol...d08f52&k=30524
Please join the WA state chapter....
ca_immigrant
05-19 06:44 PM
I am also travelling with the family in June for a couple of months !
the murthy link and this thread over all is helpful !
Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.
I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.
On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!
the murthy link and this thread over all is helpful !
Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.
I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.
On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!
more...
chanduv23
07-17 07:37 AM
Getting innovative is the Key here. Keep your paperwork ready (You must do it in the background). Tell your employer through email that all you need is an employer letter and he can fax it to you, tell him you will personally come over to the place where he is to get signature and you have no issues, remember in your communications "Just praise him" . Tell him he is great, and you respect him and and u love him etc....... tell him that he must definitely enjoy his vacation and you will come to wherever he is or arrange for a pickup from Fedex and he has to do nothing.
All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.
In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.
Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.
After things go well for u- screw them big time, expose them on the internet and desi crunch.
All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.
In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.
Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.
After things go well for u- screw them big time, expose them on the internet and desi crunch.
2010 Will Smith#39;s family
rockstart
03-02 10:00 AM
The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
more...
memyselfandus
11-19 07:03 PM
Seewa helps people who have undergone similar experiences as you did. Call them for advice and help. If they can't directly help you atleast they can refer to a proper organization that would.
SEWAA - Service and Education for Women Against Abuse (http://www.sewaa.net)
All the best.
SEWAA - Service and Education for Women Against Abuse (http://www.sewaa.net)
All the best.
hair will smith family 2011. will
roseball
03-29 04:15 PM
How long the process took before filing? How much time for PWD alone?
It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....
It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....
more...
grupak
03-01 10:20 AM
Time to send in the monthly contributions.
I just mailed mine online.
I just mailed mine online.
hot will smith family 2011.
Leo07
05-14 01:18 PM
^^^^^^^^^^^
more...
house Family man Will Smith and
Aah_GC
08-28 11:12 PM
I have had the same problem. I have contributed $700 so far, but any attempts to access donor forum was just left to emails where Pappu would point to some other guy. This guy would mess up my profile and I would be left with interupted access to even my non-donor profile.
The moment I cancelled monthly contribution off, I got an email and then some prompt follow ups. I explained my case and got a phone number to follow up which I did not call. Why should I?
I understand this site is not run by dedicated professionals, but what about folks who have contributed not just in terms of money but by participating, acting on action items, promoting IV? Why cant you just give access to donor forums to folks who contributed in excess of atleast $500? (just to satiate my selfish limit)?
The moment I cancelled monthly contribution off, I got an email and then some prompt follow ups. I explained my case and got a phone number to follow up which I did not call. Why should I?
I understand this site is not run by dedicated professionals, but what about folks who have contributed not just in terms of money but by participating, acting on action items, promoting IV? Why cant you just give access to donor forums to folks who contributed in excess of atleast $500? (just to satiate my selfish limit)?
tattoo Will+smith+family+tree
reverendflash
10-21 02:06 AM
maybe Santa will bring you one? :bandit:
maybe Kirupa will give one as a prize for a contest :q:
maybe a miracle...
too many Dead Shows... :ninja:
Rev:elderly:
maybe Kirupa will give one as a prize for a contest :q:
maybe a miracle...
too many Dead Shows... :ninja:
Rev:elderly:
more...
pictures will smith and family on
bigboy007
10-30 05:54 PM
bumping up - any inputs please
dresses will smith and family. will
StuckInTheMuck
08-07 10:47 AM
I filed mine, and my wife's, July 2 ('07) without medical, got status alert "RFE notice sent" Aug 4, guessing medical (have doc appointment tomorrow).
more...
makeup THE SMITH FAMILY:
abhijitp
11-14 09:19 PM
Some folks are disappointed with the latest bulletin? Well, what else were you expecting?
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
girlfriend will smith family 2009. will
calaway42
10-04 01:42 AM
no i did all steps :D yay for me!
hairstyles Will Smith#39;s Family Time at
rampaadh@hotmail.com
05-18 08:08 PM
can you please give me the link? I searched Murthy's site, but could not find the link.
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
thescadaman
12-16 10:43 AM
If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.
The last 6 months of "no-license replacement" is making me very anxious.
The last 6 months of "no-license replacement" is making me very anxious.
johnamit
07-27 04:00 PM
I had same question, but when I checked all I-94s of mine, they all had same numbers, one at POE consistent with all other 797 issues after that.
Hope that helps.
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Hope that helps.
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
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