Mariam
02-24 03:39 PM
Hi everyone,
I really need somebody's advice on what to do next. Here is some info:
Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.
My achievements in athletics:
1. Been in sport for 10 years.
2. Member of the National team 2003-2006.
3. Member of the University team 2006-2010.
4. Many times National Champion and prize winner of my own country.
5. Participant of World Cups and hold medals of European Championships.
6. Published in local, regional and some National newspapers at home and some local newspapers here in States.
Many others to go, but those are the major ones.
Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.
All this time had a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.
USCIS critique:
1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years). Overall, USCIS didnt find membership in the National team to be extraordinary..
2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)
Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.
I am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.
I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
I would greatly appreciate any information. Thanks.
I really need somebody's advice on what to do next. Here is some info:
Im holding F-1 Visa, currently on OPT status until 08/2011. Filed I-140 in August 2010 as EB1 extraordinary ability - athletics.
My achievements in athletics:
1. Been in sport for 10 years.
2. Member of the National team 2003-2006.
3. Member of the University team 2006-2010.
4. Many times National Champion and prize winner of my own country.
5. Participant of World Cups and hold medals of European Championships.
6. Published in local, regional and some National newspapers at home and some local newspapers here in States.
Many others to go, but those are the major ones.
Did premium processing, got Intend to Deny. Submitted more paperwork, got denial in November 2010.
All this time had a lawyer, paid a lot of money, but as you can see, it didnt quite work out. He claimed to be a professional in this field. Never got denials before.
USCIS critique:
1. Membership in the national team is not sustained from 2006, therefore it doesnt count.. (But, I was here in states all those years, couldnt travel because was in school, plus I have a letter from a President of Athletic Federation for my sport, saying that according to my results that I showed while here in States, I would be the member easily all these years). Overall, USCIS didnt find membership in the National team to be extraordinary..
2. Some national publications are too short, there has to be a huge article about me. In regional newspapers I have huge articles, but newspapers are considered not major (however, they are professional)
Out of all criteria, they only approved one - national award. Membership and publications are not meeting the criteria. I had about 250 pages of supporting documentation.
I am very upset and dont know what to do. I am afraid to hire the lawyer, because all of them say that my case is pretty good, but we already lost a lot of money for nothing. I do not want to repeat the same mistake. My Lawyer suggested appealing the decision, but it would cost me about 15,000 more and about several years o processing. I just do not have such money and time.
I have decided to reapply and need some advice on how to go about it. I will be a self petitioner, luckily there is no employer offer needed. I may hire some lawyer, but if it is not too expensive - I need the one that knows what he is doing.
I would greatly appreciate any information. Thanks.
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ramaonline
11-24 03:04 AM
kghoshal:
u don't need lc copy - ur attny can request screenshot from dol by emailing the respective BEC u need:
employee / emplr name
state of filing and eb category
Dallas: h1b7yr@dal.dflc.us
Philly: h1b7yr@phi.dflc.us
This link has details
http://immigrationportal.com/showthread.php?t=182326
u don't need lc copy - ur attny can request screenshot from dol by emailing the respective BEC u need:
employee / emplr name
state of filing and eb category
Dallas: h1b7yr@dal.dflc.us
Philly: h1b7yr@phi.dflc.us
This link has details
http://immigrationportal.com/showthread.php?t=182326
CADude
10-19 12:54 PM
My friend also don't have any issue. He filled on June 10th 2007 and has to leave county on June 12th 2007. He and spouse got stamping and came back to US on July 11th 2007. They have done FP and got EAD.
It's advisible to to have Receipt# before leaving and I am hoping you will get in next 8 weeks for sure. Good Luck.
I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)
I have following questions:
1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?
Please help. Thank you in advance.
It's advisible to to have Receipt# before leaving and I am hoping you will get in next 8 weeks for sure. Good Luck.
I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)
I have following questions:
1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?
Please help. Thank you in advance.
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jaane_bhi_do_yaaro
08-06 09:00 PM
Join the donor, the fun is right in their.
Is the fun there or fun their (donors)?
:)
Is the fun there or fun their (donors)?
:)
more...
akp22
06-16 08:51 PM
Hi All,
I have my EB2 485 pending (since July, 2007). I have EAD based on that filing. I am also on H1B - so I am not using EAD. But my wife intends to use EAD (based on our current EB2 based 485 filing) from coming August.
In the meanwhile I have got my EB1 140 approved. My question is if we file for 485 based on EB1 petition, do we lose our current EAD till a new EAD is issued under new filing? Are there ways to ensure that my wife continues with her employment and I move ahead with 485 filing?
Thanks for help.
I have my EB2 485 pending (since July, 2007). I have EAD based on that filing. I am also on H1B - so I am not using EAD. But my wife intends to use EAD (based on our current EB2 based 485 filing) from coming August.
In the meanwhile I have got my EB1 140 approved. My question is if we file for 485 based on EB1 petition, do we lose our current EAD till a new EAD is issued under new filing? Are there ways to ensure that my wife continues with her employment and I move ahead with 485 filing?
Thanks for help.
priya.r
12-24 01:30 PM
Hello,
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.
The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.
If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?
Should the increase happen on October 1st 2010 when the H1B kicks in,
or should the increase happen when the H1B gets approved ( between april - october )
or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?
or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010
I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).
Hoping for your valuable replies as soon as possible.
Thanks
more...
prk_stl
06-30 04:28 PM
Thanks. I am guessing the same.. but for my friend, his lawyer entered the Card valid start and end dates on the EAD card for this date field...
that is why I am looking for a confirmation.
that is why I am looking for a confirmation.
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NANO3
04-30 04:26 PM
thanks C:-)
more...
gc_chahiye
01-04 01:24 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.
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ajju
09-07 12:14 AM
I dont think it is allowed. One would think that working outside the US while you are waiting for "Adjustment of Status" would be considered abandonment of your I 485
Still its good to check with your attorney first...
Still its good to check with your attorney first...
more...
jcrajput
10-19 10:24 AM
please help.
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payur
10-16 01:39 PM
Arkbird,
You cant get into the armed forces without a GC
Don't you have to be citizen??
You cant get into the armed forces without a GC
Don't you have to be citizen??
more...
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bandya
09-08 12:40 PM
My wife had returned from India on Dec 2nd 2004 and her H4 stamp was valid till Jan 26th 2005 - Less than 2 months validity. She did not face any problem reentering. Infact we filed our extentions after she came back.
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snathan
05-15 02:28 PM
Hi ,
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
more...
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amar123
11-24 08:20 PM
d
dresses pictures Andy Murray + Kim Sears have andy murray girlfriend kim sears.
krishna_brc
02-02 04:49 PM
I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
more...
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bayarea07
02-04 04:30 PM
Hello,
I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).
However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
Is that a valid thing to do or do i need to re-stamp my visa.
fyi.. my H1 was extended by 3 more years because of pending I-485 Application
Few More Details to Add Here -
I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.
I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).
However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
Is that a valid thing to do or do i need to re-stamp my visa.
fyi.. my H1 was extended by 3 more years because of pending I-485 Application
Few More Details to Add Here -
I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.
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PALLO
04-20 03:50 PM
Thank you guys for your input
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adhantari
06-16 04:22 PM
After all the L1 bashing that happenned in one of the other threads, I doubt if any L1 is going to divulge his/her status.
be a problem..... this is anonymous poll buddy..... :D
be a problem..... this is anonymous poll buddy..... :D
GCBoy786
06-28 05:45 PM
I am about to mail the documents for my EAD and AP renewal.
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
lfadgyas
04-16 01:55 PM
I'm in the process about to use "AC21"
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
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