knowDOL
06-05 11:26 AM
Yes, looks like they removed the timeframe hopefully it is for good. but lets see. May be after the bi-specialization case transfers they removed.
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BharatPremi
12-08 11:17 PM
And no one can dare to put a price on tension, mental torture through which most are going through. To any one that is the biggest saving and so one should move forward for donating. So please respect the funding request from IV family for respecting yourself.
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.
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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.
more...
chapsi29
06-27 11:13 AM
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
gveerab
08-21 11:06 PM
Don't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
more...
yabadaba
06-22 02:54 PM
bump up
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viva
01-13 12:47 PM
you are a selfish person. you do not care about the rest of the iv community.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.
more...
summerof98
09-04 12:42 PM
See my signature, hope it helps. I got an LUD on my 485 on August 30th but I had no idea why, I guess it might have been the NameCheck and then this email this morning .... unf.. believable!
joeshmoe,
Congratulations on your GC approval. Enjoy the freedom.
Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?
joeshmoe,
Congratulations on your GC approval. Enjoy the freedom.
Your approval gives us hope in a way that USCIS is approving I-485 cases even though the PD is not current. Am I right?
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thamizhan
07-18 11:33 AM
Check this out...
http://www.hindu.com/thehindu/holnus/001200707182165.htm
http://www.hindu.com/thehindu/holnus/001200707182165.htm
more...
sundevil
06-08 11:59 AM
Some Indian Americans with GC and Citizenships are not sympathetic to our cause. They would rather this thing get worse. I have a neighbor who thinks we already have our GC(for various reasons we did not tell them about our plight). I heard him rant about how happy he was that they did not include any thing good for backlogged people in the new bill and how great it would be in the Merit system when there will be no spill overs to India to reduce backlogs and get rid of all the "idiots"(his words) coming over these days from India. It is utterly deplorable, I don't plan to socialize with these selfish people anymore. I hope this is an aberration and not a general opinion of our fellow immigrants.
Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.
Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.
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qualified_trash
06-29 03:13 PM
Without getting into specifics of shady companies etc., I can tell you this. The GC process sponsored by an employer is indeed employ-centric in the sense that, it has to be initiated by an employer.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
more...
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njboy
09-11 01:38 PM
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
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Sachin_Stock
08-24 12:35 PM
Hey man, thats cool that at least they asked you some questions, or RFE. Some movement in ur case, somewhere!!
I am Eb3 with PD Jan 2004 and I am totally in dark :(
I am Eb3 with PD Jan 2004 and I am totally in dark :(
more...
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belmontboy
05-22 07:05 PM
As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.
Its more then two months now i did not have any update from my HR inturn from attorney.
At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.
My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
I am not sure if it should be filed in that way ....
Let me know if i am heading in right direction ...
Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.
Recent trends for PERM processing are around 60-90 days.
Its more then two months now i did not have any update from my HR inturn from attorney.
At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.
My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
I am not sure if it should be filed in that way ....
Let me know if i am heading in right direction ...
Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.
Recent trends for PERM processing are around 60-90 days.
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karan2004m
08-04 11:23 AM
I read a stupid thing in one of the thread
"I-140 will not be approved until PD is current" ,
Is this true?
"I-140 will not be approved until PD is current" ,
Is this true?
more...
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snathan
05-12 07:05 PM
My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.
Thanks
Nope...you can not.
Thanks
Nope...you can not.
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Akia
03-25 08:48 AM
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
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Winner
04-23 12:46 PM
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
Hey Guys, I'm the OP. I'm not on the wrong side of the law, I was asking those "What if" questions to get more information on this subject and try to convince my employer to renew my H1B instead of using EAD.
Please don't start a fight here. Please try to respect each other in public forums.
Edison99
09-15 12:30 PM
Enjoy the freedom!
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
kubmilegaGC
09-14 11:02 PM
did anyone got approved after they voted "pending"? any way of knowing how many current pending cases in each month bucket?
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