Wednesday, June 15, 2011

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  • SDdesi
    06-19 09:04 PM
    I just posted another alternative to saving on the vaccines:

    http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20

    Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)




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  • sertasheep
    06-14 09:13 PM
    You can file for your EAD and AP concurrently while you file for your I-485.

    EAD and AP are optional and don't necessarily need to be filed along with 485, and can be filed anytime as long as your I-485 has been filed , or is being filed.




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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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  • WeShallOvercome
    12-12 07:50 PM
    Fellow IV members who have their GCs approved and some of those who are still waiting:

    I have a few questions on how my brand new GC will help me in my situation..

    My current project is ending 12/31 and I have about 20 PTO days left(yes, I get PTO from my desi employer)...Like many others I have signed a 'bond' with them that I will not leave them before july 2008.

    Now after my current project is over, can they force me to use my PTO? or ask me to go on unpaid vacation even if I'm willing to work for them if they have work for me...

    What if I get something on my own but my employer is not able to find work for me and pay me... Am I still bound by the contract I signed with them?

    Thanks for your inputs



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  • arunasri
    09-19 03:42 PM
    my PD is July 2004 EB3. I got 2 yrs EAD approved on 9/10.




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  • same_old_guy
    08-16 03:11 PM
    1) The company has to send a letter to USCIS to withdraw the I-129.
    2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
    3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
    4) Withdraw can be done anytime.
    5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
    6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.



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  • JP McMahon
    November 10th, 2004, 08:19 AM
    Have you tried inserting a different Compactflash card?




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  • anilkumar0902
    08-26 11:42 PM
    Thanks for the reply. So we don't need to disclose to employer that we are on EAD.

    AND
    Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?

    EAD is in itself establishes a person's legal work eligibility. Nowadays, many employers and their HR departments are very aware of EAD usage. It shouldn't be an issue.

    Just chill...Good Luck.

    Cheers



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  • GCNirvana007
    10-04 06:10 PM
    What all other questions, like "Are you still working for the GC sponsored employer" ?

    Asked me if i am married or single - I mean wtf you dont see my status in the computer screen




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  • Anysia
    02-26 01:42 AM
    I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

    When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

    Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.



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  • pmat
    01-26 11:16 AM
    RTP... RTP... RTP... very good school districts, affordable housing and good desi community. Also, good amount of jobs in high-tech fields. Location is pretty good - you can drive anywhere from Florida to NY.




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  • bugmenot
    06-08 01:15 AM
    well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.

    So I say: CIR, RUST in PEACE.

    u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again



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  • tdasara
    04-06 07:41 AM
    IS THERE A SHORTAGE OF BALL PLAYERS IN US???

    In December 2006, a law was passed to ensure Minor League Ball players get their greencard in 6 months!!

    Minor League players == no education, no English, just plays ball!!




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  • NKR
    06-02 10:35 AM
    NKR, thanks . I am considering that option.
    Can you please tell if I do the L1 Extension, will it NEGATE the approved H1 ?

    I am sorry, I cannot help you there since I am not aware of the consequences. Please consult an attorney



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  • glus
    08-03 11:07 PM
    go to: http://www.uscis.gov/pressroom

    and then select the one from August 3.

    I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.




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  • peer123
    04-17 09:19 AM
    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

    I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
    and system analysis - mentioned in related occupation

    the approval job code is 13-1111.00 - the new title i am getting is system analyst.



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  • njdude26
    07-12 01:39 PM
    My case was closed in Error at the PBEC. My attorney had sent a letter saying this some months ago. Today my attorney informed me that there is some new procedure of re-opening cases that was closed in error using which he says he sent the information by email today.

    Just thought will give you guys the info.




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  • 485Mbe4001
    06-29 03:57 PM
    i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.




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  • senk1s
    05-08 01:40 AM
    In our case (also Jul 2007) the Dr gave sealed envelopes ... and we gave it to our attorney.

    What did yor attorney say about this RFE?




    sixburgh
    06-28 06:03 PM
    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

    Thanks for your reply. It helps understand the process.

    The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.




    chaukas
    04-23 12:50 AM
    The I-140 processing date for EB2 Nebraska is June 2007. I have a friend with receipt dt on July 30, 2007 in EB2 whose I-140 was approved today. My I-140
    was received on July 2 , 2007 and is not approved yet.



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