centaur
03-28 05:46 PM
An employer can file your GC with "an intention to employ", irrespective of visa status
You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.
You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.
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chanduv23
12-09 10:19 PM
^^^^^^^^^^
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james_bond_007
05-01 07:25 PM
Since the stamped visa is valid till Sep 2009, you can travel without stamping the new visa. BUT it is extremely important that you show the approved H1B notice (I-797) at the port of entry. This will make sure your I-94 will be valid till 2011. You will have issues with H1B stamping / renewal if the I-94 dates are incorrect. One of my friend went thru the same situation and he has to correct the I-94 dates by going to a local immigration office.
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glus
01-03 10:15 AM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
more...
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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.
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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chanduv23
12-16 12:16 PM
DMV people just look at the expiry date.
As pending 485 do not have expiry date they won't accept it as status.
What would you think would be a solution for this?
As pending 485 do not have expiry date they won't accept it as status.
What would you think would be a solution for this?
more...
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Mount Soche
04-07 05:04 PM
I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
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mattrock23
01-24 08:11 PM
Would it be possible to have the View entry link show the updated version of my entry, please? I updated the link in my thread before the deadline but forgot to attach the updated .zip file. The final version of my entry is attached to my thread now.
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Templarian
08-27 11:45 AM
^Perfect :fab:
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prince_waiting
12-12 02:28 PM
I am in.....No complaints about that......
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motivation wallpapers. Tags: Motivation 2. 1 votes
NikNikon
August 8th, 2005, 03:48 PM
I think the shot turned out great Michael. I imagine you could use a similar technique as I have been doing with the infrared, with the filter off and the camera on a tripod using the autofocus to get focus where you want it then switch to manual focus and screw the filters on then take your picture. I'm also curious how much different shooting the same shot without the filters or possibly just one and setting the aperture at f/32 and using a slow shutter to try to achieve the same effect. Look forward to more experimentation.
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help43
09-25 12:26 AM
When I Applied For A Amendement.
My Previous Status Was Approval Notice Sent.
My Previous Status Was Approval Notice Sent.
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motivation wallpapers. Motivational Wallpapers 13
sss9i
07-20 11:37 PM
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
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cjain
10-30 05:49 PM
is it from the receipt date or notice date?
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motivation wallpapers. 1 « Wallpapers – October .
GC092003
10-09 02:06 PM
I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?
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nayekal
02-21 01:13 PM
Simple thing, when she doesn't have a job why would you get her an H1B , which any other well qualified candidate would have got. Because of the people like you all the legal immigrants are the targets of the accusation of "stealing our jobs".
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
People like you and these cheap desi companies, are a shame on the face of all the hardworking legal immigrants here. I think the same thing was asked by someone on someother post as well and was badly critized.
Dude, you think a person with 3 years of working exp in IT after completing masters is not qualified?
How can some one gives you a job offer to join them in October by sponsoring H1 in April. You don't apply for H1 during April of any year, then you will never be able to get a job.
I am sure you will find many (most of them are) consultants from so called cheap desi companies are technically smarter and have lots of exp as well. May be those companies are cheap, but people are not.
Before you come to forums and release your frustration, go and tell your friends and colleagues about your opinions. I bet, most of them will stop talking to you.
more...
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roseball
05-04 02:19 PM
I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
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kumar1305
02-11 06:13 AM
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.
I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.
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jayleno
08-21 02:43 PM
I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)
... anyone explored Indian job market, if yes then what is hot?
... anyone explored Indian job market, if yes then what is hot?
qualified_trash
06-09 10:34 AM
I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........
The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.
I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.
I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."
The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.
I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.
I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."
Imigrait
08-31 02:13 PM
jsb thanks.
Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)
Basically what this all tells me is that there is no motivation from USCIS to clear things up. They like things muddied so that they can define the processing date either as Received or Notice or Receipt as per their comfort. :)
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