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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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  • goel_ar
    11-18 02:21 PM
    Hi All,

    My wife's H1B petition was approved in June 2008 with H1B valid from Oct 01, 2008. She applied for SSN on October Ist - But till date, Nov 18, 2008, SSN office is saying they are not able to pull her information from INS.

    SSN office is keep saying come back after Dec 31st(12 weeks from October Ist). On the other hand, employer wants her to start working asap; she can't start until she gets a SSN.

    Any suggestions, if there is anyway to follow up or expedite the process to get SSN?

    Thanks in advance,
    AG




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  • Kapils573
    10-17 05:28 PM
    My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?

    Thanks,

    Kapil




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  • calaway42
    10-04 12:03 AM
    part where.. "OK HOLD CTRL and click on the layer with your shape on it to select it, now making sure you have the rectangular marquee active on the tools palette, on your keyboard press UP once and LEFT once to offset the selection. Now create a new layer and fill the selection in with white. HOLD CTRL and click on "layer 1" again to select it. With"layer 2" still active HIT DELETE. Now deselect (CTRL +D) now holding CTRL move the highlight of layer to down 2 pixels and right 2 pixels so it look like the image opposite."



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  • rockstart
    02-23 12:06 PM
    What you think about state of economy does not matter. You have few options at this moment. First of all update your profile. If you have EAD then yes you can do an AC21 but that means there is some company out there which has a job & salary that matches your labor profile. So if you can find one then the option is always open to make the switch.




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  • HOPE_GC_SOON
    07-17 12:48 PM
    Its too much of waste of a time, on this thread, and misleading all the time, llooking for some interesting news, like processing times.

    Guys: Can we stop this somehow, and DO Focuson other major news.

    Thanks



    Admin should have closed this thread by now.

    Thanks.



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  • MYGCBY2010
    07-27 04:21 PM
    I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
    But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
    Also remember, G639 form is for FOIA request for USCIS only.
    You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
    Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS

    Did you put in your A# OR THE Petition Number 3 in that form. Please respond.




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  • sabbygirl99
    03-28 05:39 PM
    hey seattle, I have not heard of part time worker + FT student on H1 either....as far as getting 140 from F1...I just don't see how that is possible? 140+ 485 ia all employment based....if they see that you no longer have a job...then wouldn't that immediately disqualify you? Anyways - I'm pretty sure that I do not want to switch to F1....even if I were willing to give up my place in the longest darn line in the world, I need money coming in while I am at school!!



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  • sc3
    08-14 03:57 PM
    What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.




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  • gcisadawg
    09-25 02:45 PM
    http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

    Enjoy

    The slide is very informative and catchy. But the title could have been better. I thought of sending this to my colleagues at work. But the title
    "What part of legal immigration don't you understand?" stopped me.
    It could have been "Legal immigration 101" or something to that effect.



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  • looivy
    03-23 02:39 AM
    Can a legal expert provide advice as to whether I can use EAD/AP to get in?

    Bump again




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  • nabs501
    07-27 04:31 PM
    Did you put in your A# OR THE Petition Number 3 in that form. Please respond.

    I did put in my A# which I then thought was same as the A# listed on the EAD for OPT. Obviously, I was wrong.
    My point is, it's OK if you don't put in your A#.
    But it would help if you put the receipt #.
    They just use all of this information to retireve your record. If there's some information missing such as the receipt number, it would just take them longer to retrieve your records.
    Try to get atleast the I140 receipt number from your employer. Dont worry about the A# (just put in NONE). I think they can very well dig out your application based on the receipt number.

    Even if you dont get the receipt number, go ahead file the form and provide as much details as you possibly can regarding the I140 petition; attach a separate sheet if needed.
    Dont forget to get the form notarized.



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  • nk2006
    04-17 03:36 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
    The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.

    Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.

    If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).




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  • sc3
    08-14 02:57 PM
    I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint?

    Are you on H1? OR are you a PR or USC??



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  • beemboy
    11-16 06:12 PM
    That is exactly what the senate has been doing. And the House too.



    Nice one riva2005. :D :D




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  • sunny1000
    01-14 05:30 PM
    Here is an exaustive list of charitable orgs (source: msnbc):

    Haiti earthquake: How to help - Haiti earthquake- msnbc.com (http://www.msnbc.msn.com/id/34835478/ns/world_news-haiti_earthquake/)

    ------------------------------------------------
    Action Against Hunger, 877-777-1420
    Agape Flights, 941-584-8078
    American Red Cross, 800-733-2767
    American Refugee Committee, 800-875-7060
    American Jewish World Service, 212-792-2900
    AmeriCares, 800-486-4357
    Beyond Borders, 866-424-8403
    B'nai B'rith International, 202-857-6600
    CARE, 800-521-2273
    CarmaFoundation
    Catholic Relief Services, 800-736-3467
    Childcare Worldwide, 800-553-2328
    Church World Services, 800-297-1516
    Concern Worldwide, 212-557-8000
    Convoy of Hope, 417-823-8998
    Cross International, 800-391-8545
    CRUDEM Foundation, 413-642-0450
    CRWRC, 800-55-CRWRC
    Direct Relief International, 805-964-4767
    Doctors Without Borders, 888-392-0392
    Episcopal Relief and Development, 800-334-7626
    Feed My Starving Children, 763-504-2919
    Food for the Poor, 800-427-9104
    Friends of WFP, 866-929-1694
    Friends of the Orphans, 312-386-7499
    Habitat for Humanity, 1-800-422-4828
    Haiti Children, 877-424-8454
    Haiti Foundation Against Poverty
    Haiti Marycare, 203-675-4770
    Haitian Health Foundation, 860-886-4357
    Healing Hands for Haiti, 651-769-5846
    Hope for Haiti, 239-434-7183
    International Child Care, 800-722-4453
    International Medical Corps, 800-481-4462
    International Rescue Committee, 877-733-8433
    International Relief Teams, 619-284-7979
    Islamic Relief USA, 888-479-4968
    Lions Club International Foundation, 630-203-3836
    Lutheran World Relief, 800-597-5972
    Medical Benevolence Foundation, 800-547-7627
    Medical Teams International, 800-959-4325
    Meds and Food for Kids, 314-420-1634
    Mennonite Central Committee, 888-563-4676
    Mercy Corps, 888-256-1900
    Nazarene Compassionate Ministries, 800-306-9950
    New Life for Haiti, 815-436-7633
    Operation Blessing, 800-730-2537
    Operation USA, 800-678-7255
    Oxfam, 800-776-9326
    Partners in Health, 617-432-5298
    RHEMA International, 248-652-9894
    Rural Haiti Project, 347-405-5552
    The Salvation Army, 800-725-2769
    Samaritan's Purse, 828-262-1980
    Save the Children, 800-728-3843
    UN Central Emergency Response Fund
    UNICEF, 800-367-5437
    United Methodist Committee on Relief, 800-554-8583
    World Concern, 800-755-5022
    World Hope International, 888-466-4673
    World Relief, 800-535-5433
    World Vision, 888-511-6548
    Yele Haiti, 212-352-0552
    Wyclef Jean's grassroots org
    Text Yele to 501 501 to donate $5 via your cellphone
    -------------------------------------------------------------------
    Also, be very careful about donating to unknown sites/emails. They could be scams (source msnbc):

    Finally, the FBI urges people who are looking for ways to help with earthquake relief to be wary of solicitations that could be from scam artists.

    Beware of bogus online 'help' for Haiti - Security- msnbc.com (http://www.msnbc.msn.com/id/34845486/ns/technology_and_science-security/)

    "Past tragedies and natural disasters have prompted individuals with criminal intent to solicit contributions purportedly for a charitable organization or a good cause," the FBI said, in passing along these tips:

    Ignore unsolicited e-mails, and do not click on links within those messages.
    Be skeptical of individuals representing themselves as surviving victims or officials asking for donations via e-mail or social networking sites.
    Be cautious of e-mails that claim to show pictures of the disaster areas in attached files, because the files may contain computer viruses. Open attachments only from know senders.
    Decline to give personal or financial information to anyone who solicits contributions.
    Make contributions directly to known organizations, rather than relying on others who claim in e-mails that they will channel the donation to established groups.
    The FBI says anyone receipting an e-mail that appears to be a scam should forward it to this Web site: Internet Crime Complaint Center (IC3) | Home (http://www.ic3.gov)



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  • Pineapple
    04-27 07:56 AM
    read this:

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  • comstar8199
    08-25 09:34 PM
    You plan on going to wmu? (depending on your age)

    Maybe, I may end up going to Umich. Still have one more year to decide...




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  • tnite
    10-31 10:26 AM
    4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.

    We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)

    The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.

    Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.

    You're right pappu, most folks only care about a short term solution to this problem. Even without this mess folks who had applied for EAD or AP sometimes got their documents late and they ended up taking unpaid leave from work to make sure they are not working illegally.

    With so many apps in the pipeline, I just cant imagine the delays.Not that I am pessimistic but trying to be prepared for the worst.

    And add to that the financial burden of applying ever year (approx $700) for applicant and derivative.That's something you could have saved, spent on your family instead ended up renewing the EAD/AP.

    Just my 2 cents




    singhsa3
    10-21 06:42 PM
    All,
    I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
    Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
    Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
    I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
    The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
    Is it a right strategy? Please comment.




    rockstart
    03-01 08:38 PM
    Hi Rocky,

    Thanks for your reply

    Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.

    If you have your leave application copies that can help



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