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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mhathi
04-30 03:39 PM
Category: EB3 (Regular)
Applied: November 20th, 2006
approved: April 12th, 2007.
Applied: November 20th, 2006
approved: April 12th, 2007.
pappusheth
08-11 02:38 PM
good one ghost.
it's disappointing that the sept vb movement was much smaller than expected (i fall in your g3m2 category) but the blessing in disguise is that it will make people believe the long term vision that IV has to pursue the fixes that will solve these problems for good and will help everyone irrespective of their category. hopefully more people will come forward and donate and join IV's hands on the grass root efforts.
it's disappointing that the sept vb movement was much smaller than expected (i fall in your g3m2 category) but the blessing in disguise is that it will make people believe the long term vision that IV has to pursue the fixes that will solve these problems for good and will help everyone irrespective of their category. hopefully more people will come forward and donate and join IV's hands on the grass root efforts.
2011 Dragon Age 2 + 4
roseball
03-29 04:15 PM
How long the process took before filing? How much time for PWD alone?
It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....
It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....
more...
arihant
04-30 12:20 PM
I140 filed @ Texas center
Category: EB2- PD Dec 03
Type: Premium
Receipt date: April 17th
Approval date: April 19th
As you can see I got mine in 2 days through Premium. I had to do the premium to avail of the 3 year H1 extension. So, if any of you have your extension coming up, then do switch over to premium by paying the additional amount and you will probably get your approval in less than a week.
Category: EB2- PD Dec 03
Type: Premium
Receipt date: April 17th
Approval date: April 19th
As you can see I got mine in 2 days through Premium. I had to do the premium to avail of the 3 year H1 extension. So, if any of you have your extension coming up, then do switch over to premium by paying the additional amount and you will probably get your approval in less than a week.
diptam
08-10 12:50 PM
You will never hear in future too but you may see that in any Public Forum Posts and you very well know what the poster meant !!
Thanks !
Europe: never heard of this "country" :D
Thanks !
Europe: never heard of this "country" :D
more...
meridiani.planum
04-01 03:34 PM
inline...
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.
Can't I myself respond to the RFE?
no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.
Can't I myself respond to the RFE?
no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer
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niceguy
02-22 06:22 PM
For me they accepted interfiling and it introduced another problem. I had 140/485 filed with sub LC and before they looked at this concurrent file, another I140 with my original LC approved. Both are in EB2. We asked uscis to use my second approved I140 in place of pending I140 (lc sub). After 6 months, they looked at my concurrent file, sent rfe and denied my first I140 as they didn't agree my BITS-pilani MS is equal to US masters.
Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.
The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.
Hope this helps.
Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.
The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.
Hope this helps.
more...
conchshell
04-24 08:22 AM
Breaking news on http://www.immigration-law.com :
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
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gova123
08-14 03:31 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
more...
jay75
08-30 05:09 PM
What is Sub-Labor?
I field my GC thru Very good company.
I am not understanding why its happend
Well..Why don't give more details? folks in this thread asked all details and try to help you.
I field my GC thru Very good company.
I am not understanding why its happend
Well..Why don't give more details? folks in this thread asked all details and try to help you.
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sanju_dba
09-27 01:26 PM
Dear Admin, can you please delete above post by eastindia!
EastIndia : 94% of the voters know how to use it, and I hope you are one among them.
EastIndia : 94% of the voters know how to use it, and I hope you are one among them.
more...
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eb3retro
09-25 10:41 AM
good one.
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gc_chahiye
07-11 08:03 PM
What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).
One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...
They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..
Does that make sense.?
I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).
One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...
more...
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leoindiano
04-06 12:52 PM
How about this?
If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year
If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year
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Maverick1
11-21 09:16 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You give all of them (stapled together preferably). Make copies of all of them and keep for future.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You give all of them (stapled together preferably). Make copies of all of them and keep for future.
more...
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rockstart
03-01 08:38 PM
Hi Rocky,
Thanks for your reply
Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.
If you have your leave application copies that can help
Thanks for your reply
Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.
If you have your leave application copies that can help
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MYGCBY2010
07-27 02:41 PM
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
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arnet
10-29 12:47 PM
the answer is no if principal applicant still maintains H1B and the person in H4 not using EAD to work.
If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.
It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.
I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
If prinicipal applicant changes uses EAD then the dependent H4 visa is no longer valid.
It is better to carry all the immigration papers while you travel. you might not know when you will need those. I always suggest that any person while travelling or at POE (port of entry) should have original EAD+AP (if they have or atleast receipt notices), H4 documents,etc. eventhough they need it or not (or using it or not). it is better to have.
I heard BUT NOT SURE ABOUT THE FOLLWOING, PLEASE CHECK WITH YOUR IMMIGRATION ATTRONEY, that if principal applicant is in H1B and if H4 person uses EAD for sometime and then went out of US and came back and at POE uses H4 visa stamping to enter US instead of AP then that person will be in H4 visa (it is not cancelled as the principal applicant is still in H1B) and they can convert again to EAD anytime later. Can anyone have any knowledge/experience about this?
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
milind70
07-18 09:39 PM
Who said that concurent filing is available for PERM only ???
That is not true right ????
Somebody please clarify !
Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.
That is not true right ????
Somebody please clarify !
Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.
ashkam
12-04 01:42 PM
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
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