Domino
09-12 02:58 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.
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?
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!
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.
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?
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!
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maddipati1
01-13 01:31 AM
see below next to ur Qs.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
pkv
02-07 05:04 PM
97 views... and no response..
has nobody filed EAD by self and after filing I-485???
has nobody filed EAD by self and after filing I-485???
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sury
11-02 06:25 AM
We applied SSN in Tulsa SSA office for my wife and kid. Wife and Kid still on H4.
They asked for
EAD
Birth Certificate
Passport
The good thing is that everything is online in Tulsa SSA office and you don't need to fill any form.
Sury
They asked for
EAD
Birth Certificate
Passport
The good thing is that everything is online in Tulsa SSA office and you don't need to fill any form.
Sury
more...
Lasantha
06-15 12:59 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
sparky_jones
10-27 03:58 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
A very nice message! Happy Diwali to you too!
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
A very nice message! Happy Diwali to you too!
more...
sanju
08-02 01:30 PM
People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.
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polapragada
10-23 05:56 PM
This seems pretty amazing. I wonder how it will play out in action.
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
more...
sam_hoosier
12-06 03:05 PM
This guy is from IIT which is at par with MIT, Cornell and other top notch technical schools so this pay package ($ 155k gross) is not surprising.
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jcrajput
06-09 01:55 PM
Thank you all for responding.
I am still not able to figure about while entering US, how they know that you have AP? Do they have any way to find out that you have applied for AP? If not, then once you have H1B stamp in your passport, it should be smooth entry...
I am not local to Mumbai and I hate to go to the visa stamp as they always treat us bad..
Also, My H1B expires Jun 2010. Can I extend H1B if I enter in US using AP without having H1B stamp in passport?
I appriciate all for your help.
Thank you
I am still not able to figure about while entering US, how they know that you have AP? Do they have any way to find out that you have applied for AP? If not, then once you have H1B stamp in your passport, it should be smooth entry...
I am not local to Mumbai and I hate to go to the visa stamp as they always treat us bad..
Also, My H1B expires Jun 2010. Can I extend H1B if I enter in US using AP without having H1B stamp in passport?
I appriciate all for your help.
Thank you
more...
lord_labaku
11-14 12:40 PM
To the OP, I have a suggestion for you. Please try this in very good earnest.
Imagine in your mind, all through the weekend that your approval will come on Monday. Your priority date is current. You exhausted all options. You are very close. Maybe the IO has picked ur file & gone on vacation...maybe he will come back this weekend & just send an approval on monday. You have paid ur dues...u r very close....just relax. On renewing EAD & AP....just go ahead renew them...that will send another trigger for approval.
But the bottomline is - just imagine that u have already gotten ur approval.
Forget browsing immigration forums...forget logging into USCIS...forget about 'GETTING' the GC....just imagine that u 'ALREADY GOT IT'.
It makes a huge difference. trust me.
Imagine in your mind, all through the weekend that your approval will come on Monday. Your priority date is current. You exhausted all options. You are very close. Maybe the IO has picked ur file & gone on vacation...maybe he will come back this weekend & just send an approval on monday. You have paid ur dues...u r very close....just relax. On renewing EAD & AP....just go ahead renew them...that will send another trigger for approval.
But the bottomline is - just imagine that u have already gotten ur approval.
Forget browsing immigration forums...forget logging into USCIS...forget about 'GETTING' the GC....just imagine that u 'ALREADY GOT IT'.
It makes a huge difference. trust me.
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ski_dude12
04-01 11:09 PM
11 years for me... but I have not done anything to cut someone off... just waiting patiently...
hey zcool be cool man..
i did 4 years of bs and 2 years of MS in US and this is my 10th year in US..i am not desperate for GC..but living here for too long and standing in the back of the line..just trying to move ahead in the line..common man don't get pissed off..help out here..
hey zcool be cool man..
i did 4 years of bs and 2 years of MS in US and this is my 10th year in US..i am not desperate for GC..but living here for too long and standing in the back of the line..just trying to move ahead in the line..common man don't get pissed off..help out here..
more...
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srini1976
01-23 01:37 AM
I used Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) to make my small contribution, it took less than 2 minutes, no account creation required, this site accepts paypal too.
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
Thank you for providing the link. I also made my small contribution and also forwarded the link to my friends.
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
Thank you for providing the link. I also made my small contribution and also forwarded the link to my friends.
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Eveready
07-11 05:25 PM
Thanks syed your post has been a great help.:)
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hsingh82
02-24 04:14 PM
With all due respect, why don�t you want to update your information? As others said that this info will help us to know where we stand as a group. All of us knows we need this forum to bring new people on board with us and only way is to get them here is help them when they have difficulty but other side of coin is we need ways fund our movement to move forward .If you have better idea or thoughts just toss it here our seniors will look in that.
Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.
Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.
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GCStatus
09-04 12:30 AM
Like any new documents which we dont have now?
more...
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itsmesabby
07-06 02:57 PM
Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
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abhisam
07-09 11:59 AM
How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?
As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.
I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?
I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.
As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.
I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?
I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.
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IneedAllGreen
03-09 04:58 PM
My I-140 is stuck at NSC from more than 750 days. I had 2 RFE's and last one was answered 4+ months ago. Last Friday my attorney had raised SR for my case after we answered our RFE. Can anyone share how long it takes for USCIS to answer on SR in case of I-140 application? :confused:
Your input is appreciated.
Thansk
Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:
Your input is appreciated.
Thansk
Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:
razis123
01-27 02:06 AM
so does it mean in the coming months the July fiascos 485 applications will be processed....then what..?
dixie
09-18 01:32 PM
No, we are not against the concept of H1-B visas as such .. just that we want it to be conditional on reforming the broken EB system; we believe that is in the interest of all future H1-Bs. In any case, the point of excluding H1-B and FB is not so much that we are against it as to focus our objectives clearly and cut down on opposition - as nycgal pointed out, lot more ordinary americans are concerned about H1-Bs than granting GCs to those already here.
I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??
....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants
I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??
....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants
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