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  • Domino
    09-12 02:58 PM
    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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  • sk8er
    04-16 09:04 PM
    I cannot read the above post

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  • LongJourny
    01-21 04:30 PM
    Thank you all for giving me confidence. I have updated my profile. I do not remember dates of some information. I will update them later.

    One last question is if worst thing to happen would my adv. parole be useful for reentry?

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  • desi3933
    12-07 04:58 PM
    55 lakhs is too high for a person who has only 6 years of US experience.

    Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

    Salary for any job depends on lot of factors. How one negotiates is a key factor.

    Not a legal advice.


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  • sk.aggarwal
    06-17 08:45 AM
    I would suggest if you could get the perm process started ASAP. Now a days it is getting approved quite fast, you may be good. You may also want to ask your manager if you could work remotely from outside US for couple of months. As per my understanding, if say you are short of 4 months between your PD and H1 expiry date you can do one of the following
    1. Shift to some other status like H4
    2. Move out of country for 4 months. Your employer will need to get H1 extension and you new stamping.

    But as soon as labor gets approved, you will need to file for I140 and your will be good for 3 more year.

    This is just from my understanding. I am in similar boat. Going out of US for 6 weeks starting from July.

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  • pappu
    05-05 12:02 PM
    Thank you


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  • raysaikat
    02-18 01:37 AM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?


    Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)

    Any unused visas are allocated to retrogressed countries in the last quarter of each year. That's why a country may get more than $10K visas.

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  • ak27
    02-10 10:04 PM
    It depends. Today, it does not matter whether you are EB2 or EB3 as both will remain retrogressed for long time unless Congress does something. You should look for right work and good employer. If your employer does not allow you to talk to Attorney directly then there is some ulterior motive. Since you have sometime to decide, analyze your career goals before deciding on EB2 or EB3. You should eligible for Eb2 by default because of your education unless your current job does not need one..


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  • lvaka
    07-18 10:49 AM
    This is like giving them a small window to file within 10 days in the old rate other wise....pay the big chunk.

    Good tactics....it will be difficult for the people who do not have any medical appointments and other documents that need to come from other countries !!

    I think you missed the USCIS update. You can file till Aug 17th. So its the same amount of time one month from now.

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  • eb2_hope
    08-22 06:55 PM
    I support this..I call every second day .....


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  • sri_chicago
    05-14 06:33 PM

    Priority Date : Feb 2006/EB3
    I-140 Approved on Sept 2006
    I-485 filed on 07/02/2007
    Spouse I-485 online status changed to requested additional evidence on May 01,2009.
    As of now either me or my attorney not received RFE letter.

    Please advice how to solve this.

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  • txh1b
    09-10 02:15 PM
    Online case status is not always right. There is no risk if you apply for another AP other than losing the money. You have to wait for the AP to be approved though before you travel.


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  • rbms
    02-07 05:56 PM
    I had been doing it for past couple of years. go to uscis.gov and look for instructions to file I-131. It only takes to fill out the application online. You have to submit the supporting documents.(copy of I485, I94 etc.). Read the "instructions for filling out I-131" document.

    97 views... and no response..
    has nobody filed EAD by self and after filing I-485???

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  • Stan09
    07-16 08:56 PM
    It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

    As regards whether a reimbursement agreement is enforceable - it depends on state law.
    By "Training" did you mean "Filing"?
    Otherwise it does not make any sense.


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  • snathan
    05-19 06:57 PM
    I am also travelling with the family in June for a couple of months !

    the murthy link and this thread over all is helpful !

    Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.

    I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

    On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!

    Then whats the purpose of AP....?

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  • thomachan72
    03-04 09:29 AM
    Isn't there something called I-9 also that has to be maintained by the local HR?
    So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
    Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.


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  • RajWantsGC
    05-12 10:59 PM
    Thanks Roger for the reply. Mine was 3 years degree. So they mentioned that it is not equvilent to U.S. Bachelor degree. They did not have any issue with my experience which is more than 5 years.

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  • factoryman
    06-19 05:56 PM
    go to forum. Click on my name in the user currently online. My profile will come up.

    Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
    Only one MMR is recommended by CDC and these recom. are current till Sep 2007.

    Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)

    Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
    Recommended adult immunization schedule
    Vaccine – Age Group – Dose(s)
    TDAP- (all ages) – 1 dose Td booster every 10 years
    MMR – (19-49) – 1 OR 2 doses
    MMR – (50-64) – 1 dose
    Varicella - (19-49) – 1 OR 2 doses
    Varicella – (50-64) – 1 dose

    Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):

    same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.

    Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????

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  • syedajmal
    07-31 03:53 PM
    Option 1 - If she has been out of the USA for a significant amount of time for which you have proof, that time can be recaptured. I did this and recaptured 7 months. And Yes she can work for the time recaptured.

    Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.

    Hope this helps

    03-27 11:02 AM
    Hi All,
    My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
    I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
    So is this correct that I can file my wife's case only when priority dates become current?
    Now the real question is how do I keep track of this.

    Option 1

    On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html

    All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES

    1st C 01JAN04 01JAN05 C C
    2nd C 01JAN03 01JUL02 C C
    3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01

    So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?

    Option 2

    I-485 Application to register **** Employement Based adjustments application March 01,2005

    Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case

    Please suggest which is the correct way to keep the track

    Thanks a lot

    01-08 04:04 PM
    I think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.

    kinda agree with u on this