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.
wallpaper american idol pia toscano
My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.
Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.
Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?
Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.
Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.
Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.
Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?
Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.
Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
when is the voting on this bill?
when is the voting on this bill?
2011 American Idol Prom 2011:
Can I help?
Thanks looivy for the details of your exp.
We would like to know when did you go to Nogales for H1 stamping?
My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.
i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.
IS my husband eligible to go to Nogales for H4 stamping?
I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.
At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.
1. Passports (old and new)
2. The original Notice of Action (Form I-797).
3. Employment Contract
4. Labor certification (LCA)
5. The entire approved petition (I-129)
6. Original letters verifying your employment history and specific work skills.
7. Original degree certificates along with mark sheets.
8. Relevant diplomas or certificates, e.g. computer certification.
9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
10. Employment letter from current employer
11. DS-160
12. DS-160 confirmation letter with barcode
13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
15. Payslips
16. All previous I-797s
17. Original AP (For your own backup if applicable)
18. Original EAD (For your own backup if applicable)
19. I-485 Notice of action
20. Appointment confirmation printout
21. Company annual report (if any)
22. Company's tax returns (if applicable)
23. Your personal tax returns for last 5 years. He asked for last three years.
24. Marriage certificate (if applicable)
25. Take your business card, if you have one
26. Driver license
It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.
The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.
Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.
Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.
Hope this was helpful.
Good luck!
We would like to know when did you go to Nogales for H1 stamping?
My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.
i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.
IS my husband eligible to go to Nogales for H4 stamping?
I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.
At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.
1. Passports (old and new)
2. The original Notice of Action (Form I-797).
3. Employment Contract
4. Labor certification (LCA)
5. The entire approved petition (I-129)
6. Original letters verifying your employment history and specific work skills.
7. Original degree certificates along with mark sheets.
8. Relevant diplomas or certificates, e.g. computer certification.
9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
10. Employment letter from current employer
11. DS-160
12. DS-160 confirmation letter with barcode
13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
15. Payslips
16. All previous I-797s
17. Original AP (For your own backup if applicable)
18. Original EAD (For your own backup if applicable)
19. I-485 Notice of action
20. Appointment confirmation printout
21. Company annual report (if any)
22. Company's tax returns (if applicable)
23. Your personal tax returns for last 5 years. He asked for last three years.
24. Marriage certificate (if applicable)
25. Take your business card, if you have one
26. Driver license
It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.
The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.
Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.
Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.
Hope this was helpful.
Good luck!
Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
2010 American Idol, Pia Toscano
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.
Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!
How did you get your mailing, I140 reciept, approval and RFE date on the same day :D:D:D
About krithi
Will you consider attending the advocacy day or rally in DC in 2009.
No
Would you like to be a Immigration Voice Volunteer
No
Current GC Processing Stage
I-485
Priority Date
Nov-05
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
Texas
Labor Type
Perm
Perm Center
Chicago
Labor Approval Date
11/05/2005
I140-I485 Concurrent Filing
No
I140 Mailed Date
04/06/2006
I140 Filing Type
Regular
I140 USCIS Rcvd Date
04/06/2006
I140 Rcpt Notice Date
04/06/2006
I140 RFE Date
04/06/2006
I140 Approval Date
04/06/2006
July 2007 Filer
Yes
Adjustment of Status Application Type
Adjustment of Status (I-485)
I485 Mailed Date
07/02/2007
I485 USCIS Rcvd Date
07/02/2007
I485 Rcpt Notice Date
08/27/2007
Finger Print Notice Date
09/27/2007
Application Status
Pending
EAD Mailed Date
08/27/2007
EAD Approval Date
08/27/2007
AP Mailed Date
08/27/2007
AP Approval Date
08/27/2007
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.
Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!
How did you get your mailing, I140 reciept, approval and RFE date on the same day :D:D:D
About krithi
Will you consider attending the advocacy day or rally in DC in 2009.
No
Would you like to be a Immigration Voice Volunteer
No
Current GC Processing Stage
I-485
Priority Date
Nov-05
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
Texas
Labor Type
Perm
Perm Center
Chicago
Labor Approval Date
11/05/2005
I140-I485 Concurrent Filing
No
I140 Mailed Date
04/06/2006
I140 Filing Type
Regular
I140 USCIS Rcvd Date
04/06/2006
I140 Rcpt Notice Date
04/06/2006
I140 RFE Date
04/06/2006
I140 Approval Date
04/06/2006
July 2007 Filer
Yes
Adjustment of Status Application Type
Adjustment of Status (I-485)
I485 Mailed Date
07/02/2007
I485 USCIS Rcvd Date
07/02/2007
I485 Rcpt Notice Date
08/27/2007
Finger Print Notice Date
09/27/2007
Application Status
Pending
EAD Mailed Date
08/27/2007
EAD Approval Date
08/27/2007
AP Mailed Date
08/27/2007
AP Approval Date
08/27/2007
:asian: :cool: :cowboy: :ninja: :pirate:
cakes are fun... :P :P
plus they taste good... =)
Rev:elderly:
cakes are fun... :P :P
plus they taste good... =)
Rev:elderly:
hair Pia Toscano
We all know that we are able to file 485 on July and we got EAD due to IV efforts. Which in turn helping us to get a 600$ rebate for the spouse (Some plan to spend the money).. Can we make a pledge here that we will contribute a certain % to our organization? The % can be your choice. At least this % can help this site up and running� If the moderator decide that this is not a good idea please close this thread.
First from me 20% from whatever I get as rebate �
First from me 20% from whatever I get as rebate �
Hello-
1) Is it possible to allow minimum ONE TIME contributions like $10?
Ans: Yes. It can be done through PAYPAL - payment need to be sent to donations@immigrationvoice.org
2) Is it possible to allow minimum RECURRING contributions like $10?
Ans: Seeing the need of assuring sure funding IV core team has decided minimum $50/- recurring option.When I am talking to my friends, we felt that the above things increase the
Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.
If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.
My Contributions:
$50 Recurring Contributions from Nov 07.
Contributed $100 for the DC Rally.
$25 to the local Northern California Chapter in Oct 07.
Contributed to AILF $100 during the July visa bulletin time.
^
1) Is it possible to allow minimum ONE TIME contributions like $10?
Ans: Yes. It can be done through PAYPAL - payment need to be sent to donations@immigrationvoice.org
2) Is it possible to allow minimum RECURRING contributions like $10?
Ans: Seeing the need of assuring sure funding IV core team has decided minimum $50/- recurring option.When I am talking to my friends, we felt that the above things increase the
Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.
If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.
My Contributions:
$50 Recurring Contributions from Nov 07.
Contributed $100 for the DC Rally.
$25 to the local Northern California Chapter in Oct 07.
Contributed to AILF $100 during the July visa bulletin time.
^
hot American Idol, Pia Toscano
IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
house Top billing: American Idol
Signed the petition
tattoo american idol pia toscano bio.
Talk to your company Liar (lawyer) first. My non-legal advise is
1. Ask lawyer to request more time for the RFE
2. If thats not possible - send what you can. eg W2 , paystubs etc etc. Try to get the client letter from your employer. If you get it in next 10 days, additional evidence is always welcome by USCIS I guess.
You cannot threaten your employer for something like this. Talk to them & resolve this with the help of your manager.....You have 1 last day ie Monday before last Fedex dropoff time.....reset your stopwatch.......maybe make a movie out of it and post it on youtube:)
1. Ask lawyer to request more time for the RFE
2. If thats not possible - send what you can. eg W2 , paystubs etc etc. Try to get the client letter from your employer. If you get it in next 10 days, additional evidence is always welcome by USCIS I guess.
You cannot threaten your employer for something like this. Talk to them & resolve this with the help of your manager.....You have 1 last day ie Monday before last Fedex dropoff time.....reset your stopwatch.......maybe make a movie out of it and post it on youtube:)
pictures Pia+american+idol+pictures
How one can help him, what should we do?
dresses American+idol+pia+toscano+
Wonderful. It seem the CHC has really come around to seeing the benefit of interim relief. The sweetener for them of course is the FB visa recapture, however in spite of that it is a commendable step for them to lose their obstructionist stand, linking anything Immi related to the "earned legalisation" program.
This may all yet fall apart if the republicans see political mileage in it. They can cause a huge blow up in Sept. and use it to rally their base. However the good news is that McCain is unlikely to get much help from that, and also doing that will also alienate the Latino vote which they need desperately, so I am not convinced they are likely to do that.
Additionally given recent enforcement measures, wall, harsh immigration raids etc on one hand and the absence of H1b provisions and the generally less controversial provisions in this bill (well supported by industry whose cash they need this fall) may get past moderate republicans. If they choose not to politicize it then I think the measures stand a good chance. Of course we need to do our part, it seem clear to me that we were quite effective with our pleas to the CHC.
I would urge all the naysayers to take a look at these developments and read between the lines and get on board and feel good about your participation.
I notice that some of the least controversial measures like the EB5 program, the Conrad 30 program for physicians, and the Religious workers bill have all been kept in abeyance. Perhaps they will try to bundle a small package together later this year as a rider after the recess. I know there is a long time left, but finally a ray of hope.
I must say considering the recent movement of EB2I dates, the new interpretation of spillover rules, the extension of EAD to 2 yrs and other administrative fixes, the movement of recapture legislation in the congress etc. are all very encouraging given the drought period between 2005 and this spring. I know there are other achievements, but we need to take stock sometimes.
Thanks to IV for bringing attention to our issues and leading to these small but measurable steps. Who else would have advocated for our community?
Please keep all this in mind the next time you think about helping out.
This may all yet fall apart if the republicans see political mileage in it. They can cause a huge blow up in Sept. and use it to rally their base. However the good news is that McCain is unlikely to get much help from that, and also doing that will also alienate the Latino vote which they need desperately, so I am not convinced they are likely to do that.
Additionally given recent enforcement measures, wall, harsh immigration raids etc on one hand and the absence of H1b provisions and the generally less controversial provisions in this bill (well supported by industry whose cash they need this fall) may get past moderate republicans. If they choose not to politicize it then I think the measures stand a good chance. Of course we need to do our part, it seem clear to me that we were quite effective with our pleas to the CHC.
I would urge all the naysayers to take a look at these developments and read between the lines and get on board and feel good about your participation.
I notice that some of the least controversial measures like the EB5 program, the Conrad 30 program for physicians, and the Religious workers bill have all been kept in abeyance. Perhaps they will try to bundle a small package together later this year as a rider after the recess. I know there is a long time left, but finally a ray of hope.
I must say considering the recent movement of EB2I dates, the new interpretation of spillover rules, the extension of EAD to 2 yrs and other administrative fixes, the movement of recapture legislation in the congress etc. are all very encouraging given the drought period between 2005 and this spring. I know there are other achievements, but we need to take stock sometimes.
Thanks to IV for bringing attention to our issues and leading to these small but measurable steps. Who else would have advocated for our community?
Please keep all this in mind the next time you think about helping out.
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knowDOL, thanks for the info, will keep it in mind.
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25,000 members, every day request to raise $30,000.
Why not happening? Even every member contribute $2, it becomes $50,000.
The question comes to whom contribute? This web site does not belong to me. If some question is in my mind, I can't start a thread. Which individual/group it belongs to? Who can start a thread? For the last 2-3 days, I am trying to find answers.
How many members are active? Is it or the orders of tengths or hundreds or thousands?
If with 25,000 members, raising $30,000 is difficult, there is some problem. One of the problem defenetly it is not open - even I asked, how can I start a thread, I did not get answer.
I think, core team to get into action to motivate people - as an example I am now so much demotivatied that thinking not visiting this site.
Why not happening? Even every member contribute $2, it becomes $50,000.
The question comes to whom contribute? This web site does not belong to me. If some question is in my mind, I can't start a thread. Which individual/group it belongs to? Who can start a thread? For the last 2-3 days, I am trying to find answers.
How many members are active? Is it or the orders of tengths or hundreds or thousands?
If with 25,000 members, raising $30,000 is difficult, there is some problem. One of the problem defenetly it is not open - even I asked, how can I start a thread, I did not get answer.
I think, core team to get into action to motivate people - as an example I am now so much demotivatied that thinking not visiting this site.
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I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks
Call uscis and ask them send the refund to IV. Anyway, the money is gone from your a/c.
Thanks
Call uscis and ask them send the refund to IV. Anyway, the money is gone from your a/c.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
