Tuesday, June 14, 2011

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  • GCard_Dream
    04-05 06:18 PM
    I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?





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  • lazycis
    12-05 12:42 PM
    Here is a good article on the subject with references to the US law and caselaw:
    http://www.americanlaw.com/maintlpr.html

    "The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."





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  • vandanaverdia
    09-10 12:31 PM
    I think it is a good idea to have T-shirts made available in DC too. This will make it easier for people who haven't had the chance/time to order online, buy them in DC itself. Any thoughts????





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  • abracadabra102
    11-19 08:18 PM
    Chris, Can you change the title. This is actually good news. USCIS is coming out with some real solutions now. It is known quite for some time that USCIS data capturing is so poor, they can not sort and order AOS applications on PD. We know how they issued GCs to 2006 PD ahead of 2002/2003 PDs this august. If this email thing works correctly, we can expect steady movement of cut off dates in future instead of wild jumps back and forth.



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  • ivjobs
    11-08 09:10 PM
    Another group with help of IV, to suck the blood by sponsoring H1s...

    Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies

    Of course 20% will be real good with clean intentions.

    I bet...As i saw so many people in the same manner.

    My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS

    Well let us assume this group has people in that 20% too..





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  • njboy
    05-30 06:49 PM
    the reason she was denied is because she is young



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  • newlife2
    09-19 10:17 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.





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  • trueguy
    08-09 06:15 PM
    Bump



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  • styrum
    10-30 03:20 PM
    I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous?
    They are not instantaneous. Mine showed up in an hour for sure.





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  • gcformeornot
    08-08 04:25 PM
    there already a big thread on this subject. Its right there on IV Homepage

    http://immigrationvoice.org/forum/showthread.php?t=12135

    Please refrain from creating threads for such matters. It adds confusion.



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  • Imigrait
    01-26 11:06 AM
    Great AP dates have finally moved :) . Hopefully should get mine by Feb end.





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  • wandmaker
    07-06 11:47 AM
    Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US.

    Thanks.

    It does not matter, as long as your AP is valid, you can use it enter US.



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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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  • tammman
    10-09 03:08 AM
    So does CA....



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  • makemygc
    07-26 12:29 PM
    Bump
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  • hopefulgc
    03-28 10:56 AM
    same here. i have updated my information but it doesn't show up in stats

    Thanks for this great feature. It definitely looks promising. But, some how I find my information missing. Is there a place where I can add my information. my IV profile already got all my info.



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  • smiledentist
    06-15 03:14 PM
    Hi Amit.

    I was thinking if I could show one of the partners as succesor of interest, then he can file my 485 as the dental office from which my perm was filed now belongs to him after the partners split.
    Any comments.

    485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.





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  • senthil
    02-06 05:20 PM
    all your points look ok to me. although it may differ for different prople.

    in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.

    EAD
    - ability to switch jobs as nessary - you decide
    - AP to easy your life when you want to fly out and come back
    ( no hassle stamping tention etc, but comes with yearly price )
    - of couse the important thing is your spouse can work
    - need to stick with same designation

    H1B:
    - no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
    [ you have to jump if you decide to stay more than 6 years. no option here, i guess ]

    - same as EAD jumping jobs is easy, also can climb up the ladder
    - if above 6 year limit and I-140 not approved, you get only yearly exentions

    thanks.





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  • anemmani
    01-04 01:46 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    nit_sea,

    I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

    Good luck,

    Nag





    TwinkleM
    01-30 11:03 AM
    Hello Sac-r-ten,

    Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

    Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

    Your input might help me. Thank you in advance





    Jaime
    07-26 03:36 PM
    Anyone know?



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