Friday, June 17, 2011

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  • sss2000
    08-10 04:54 PM
    How could you apply for I-485 with your PD, in June. If I am right, your PD was not current in June. Right????





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  • OLDMONK
    06-15 02:52 PM
    Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.

    Is this the number which is on my approved I-140 (A099 XXX XXX) ?





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  • fromnaija
    12-16 12:08 PM
    I got it correct yesterday .
    Thanks for the advice.


    For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!





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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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  • immi_enthu
    09-28 06:01 PM
    i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)

    when did your application reach USCIS. yes the online date is Notice Date.





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  • cinqsit
    12-10 03:12 PM
    rubaru,

    Congratulations!

    Did you open a SR, Infopass or POJ to find out about missing fingerprints ?

    Just curious

    Thanks
    cinqsit



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  • indianabacklog
    07-30 10:11 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
    Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.





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  • OLDMONK
    06-15 03:08 PM
    ---

    Sorry for a follow-up dumb question:

    Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?

    If its I-94# whatever is your latest number, from Actual I-94 card or I-94 attached with the latest H1 renewal/extention



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  • kirupa
    01-24 10:07 PM
    Hi Matt - no problem. I am currently on a computer that doesn't have Flash installed, so would it be possible for you to e-mail me your SWF file [kirupa.at.kirupa.com].

    If not, in a few hours I'll be back on a computer that has Flash, so I can change it then.

    :)





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  • franklin
    07-11 07:31 PM
    Thanks everyone for your offers to help. The more volunteers the better, since it will decrease the number of phone calls for each person to make.

    Please remember to send contact info (email address) to either gsc999 or myself



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  • chanduv23
    06-16 07:53 AM
    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:

    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"





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  • kshitijnt
    06-28 05:57 PM
    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.

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

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

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



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  • reddymjm
    08-19 01:18 PM
    As there might be people who will be adding spoues or filing new 485 applications. This will help.





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  • DyersEve
    10-20 10:02 PM
    thnx but do you mean what the text says or the font/format/position of it?



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  • webm
    05-28 10:43 PM
    Hi everybody,

    please help - the lawyer filed the original EAD/AP applications.

    Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
    if I am filing paper EAD/AP forms???

    Thanks....

    Yes file the G-28 forms as well..thats what i did too..





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  • immigrationvoice1
    01-31 09:36 PM
    Has anyone analyzed who would be an ideal president from our point of view? Does IV endorse any candidate?

    In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?

    I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.

    Please correct me if I am wrong with the above.



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  • gapala
    07-09 12:26 PM
    I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.

    Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?

    My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.

    I would really appreciate your advice on this.

    I am sure your employer knows about the rules around eligibility to work and will not allow any unauthorized to work even for a day past expiry date.

    Hope you will get the Renewed EAD soon before expiry of old one.





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  • desi485
    03-24 02:42 PM
    Now everything is queued..... no more cutting lines.

    You are a senior member. Why are you creating useless thread? People browse IV forums for valuable and important information. People (volunteers) works extra time on limited resources to have this website up & running. I do not understand what made you start this useless thread and waste others time?:eek:





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  • H1B-GC
    09-17 02:42 PM
    2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.

    From the discussion, I think the officer will stamp the last original, make a copy and give the original back.

    Have a Photocopy of the AP with a "Copy" Seal on it just in case... I had 2 original AP's and both the Times i travelled international - From Rome and Hyd,India to US , the Immi. Officer gave back the Original with the Stamp on it. you could request the Officer to give back the AP explaining your case. This shouldn't be a matter of concern.





    ravi2patel
    07-23 11:19 PM
    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi





    gcwanter
    06-27 08:45 AM
    So should i write N/A for a pending 140?



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