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123456mg
02-17 02:41 PM
Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.

I am not an expert and this is just my opinion.
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GCWhru
05-28 01:35 PM
Greatly apprecite if anyone can give their inputs...

I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

So my query is...

1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

Any inputs will be greatly apprecited....

I think you are fine having a Dec 2006 priority date, you can take a risk, probability of getting approval is less than 1%.

One of my friend with Sep 2003 PD, getting married on August and he is taking risk and praying God that his GC should not get approved before his marriage.
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gjoe
04-30 09:52 PM
What is the agenda now?
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kannan
07-21 02:07 PM
My 485 details

PD Nov 2005 EB 2 India Ported from Previous employer
Applied date July 2007
ND aug 23
Ist I 140 approved jan 2006 --( This got the below message)
2nd I 140 approved Mar 2007



Today I got a CRIS mail ,that my already approved I 140 got a status

Current Status: Case Transfered to Another Office for Processing.
On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.


This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
Do I have to worry because this is my previous company I-140.
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ddeka
07-09 12:35 PM
You can take info pass and get an interim EAD
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anilsal
03-21 12:37 AM
Additionally, can your attorneys makes copies of RFE response sent and attach it to the MTR maybe? I do not if that is possible or allowed or will make any difference.

I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).
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ca_immigrant
03-25 04:39 PM
the one from vamsi has gone up to 116 now...

vote for a question folks....ask your friends also to vote..

does not hurt to try our luck...
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ilikekilo
06-07 05:45 PM
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)

(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.


So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

So all the I-140 filed on of before Effective date are considered as pending!!

I don't know why even lawyers are getting confused here!:confused:

ok veni..stop geeting surprised and pl contribute for your sake
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ilanbenatar
04-25 11:29 AM
Hi "Domino",

I read your question and was wandering what path did you choose.
I am currently under the same process and conflicted on weather to apply for an O-1 or an EB1-EA green card.

I am a film editor and my case is not a very strong one so I'm contemplating the pro's and con's of both options.

It will be great if you could tell me about your experience.

Thanks,
Ilan
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nethawk119
10-10 02:11 AM
TSC sent back my appplication asking for revised fees last month. I am still waiting for the receipt. My lawyer sent back the application requesting them to accept the application since it was filed on July 2nd and is under the old fees.
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shana04
02-01 10:44 AM
Thanks for each on every one of you!

some gave me red, its ok.

I had a problem which I though of sharing, may be some one could provide some insight.

It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.

But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
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mohitb272
12-11 03:11 PM
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.

Cannot agree with you more! USCIS - is any one listening???
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X-Wing
05-15 04:33 PM
To Bindas74,

Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

Thanks,
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eb3_nepa
07-09 10:26 AM
This website is for immigration issues only. Please dont hate me now.


I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.

Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
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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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drona
07-11 02:25 PM
Are any of you planning to go to this? Maybe a group of us could drive up there and show our support. I know its a long way but it's worth it (and SF is a beautiful city to visit) :) Maybe we could prepare banners and flyers here and take them with us.
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beautifulMind
08-24 12:14 PM
yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing

I work for University since 2002 with very straightforward case hence suprised

ok..here is part 2.

Employer was able to speak to USICIS officer. He asked

whethere

1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location

my supervisor asked why all these questions about location and timing they said they will do a site visit

I feel if my app can trigger this than any other app could...

The USICs is just getting crazy with all the bueracacy crap
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texcan
08-05 12:35 PM
I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.

Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.

Thanks to InTheMoment for bringing it up..... that's what I had in mind too.

I am happy to hear and see that you are happy.

Now can you please close the thread, this is wasted energy flying everywhere.
Again its not you, its the actions ( including now when i am typing a response).
Please close this thread. Please, please.
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yabadaba
12-12 12:45 PM
why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting
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seahawks
09-09 12:51 PM
Calling all WA State (OR also) IV members to join yahoo group. We need to coordinate stuff and contact all of you as a group, so please join the yahoo group created for channelizing IV message, organizing and sharing the vision and bringing awareness to Northwest region on Legal Immigration issues.
http://groups.yahoo.com/group/WA_Immigration_Voice/



Thanks and appreciate your help
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