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  • jcrajput
    09-29 07:00 PM
    I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
    Today I received my entire application back with "REJECTED" status.
    On Reject notice it has mentioned as below:

    ------
    The application you filed along with any fee you submitted is being returned to you for the following reason(s):

    x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

    The following document may be provided.

    Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
    Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
    A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
    Other evidence than an immigration visa petition has been filed/approved on your behalf.

    ---------------------------------

    Here below is my I-140 detail:

    Category : EB2
    Receipt date: 12/11/2006
    PD : 10/04/2006
    Approved from: NSC

    -----------------------------
    My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.

    It looks like they have overlook the I-140 copy and neglect that.
    Can anybody give me some idea about following:

    1. How I can re-submit my application?
    2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.

    I really appericiate your response and help. Thanks a lot.





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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.





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  • sabbygirl99
    03-28 04:42 PM
    :D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):

    Question # 1:

    From me:
    I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?

    From Anna:
    According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.

    Question # 2:

    From me:
    I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.

    From Anna:
    According to Mr. Khanna it should not have an effect.

    :D ....an admissions officer of one of the schools:

    It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.

    I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.

    Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.

    :D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]

    You can attend school on an H-1b if school is incidental to your H-1b status

    Hope this helps shed some light for you.





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  • pappu
    07-20 09:25 AM
    No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?
    If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.



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  • willigetgc?
    01-27 12:12 PM
    Promoting Visibility

    http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot

    <a href="http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot">Immigration Voice: President's Vision On Immigration &quot;In The Right Direction&quot;</a>

    Members can use this code in their blogs, facebook ..





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  • gc_check
    07-16 10:29 AM
    As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
    I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...

    Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...



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  • dummgelauft
    10-04 09:48 PM
    I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.

    "What's the purpose of your visit to Las Vegas?":confused:

    I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.

    I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D

    I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)

    Dude, Leave alone PR, I have a Canadian PASSPORT, this CBSA (Canada Border Services Agency) lady one day asked me "Who are you going to meet in Canada?"
    I could not believe the stupidity of this woman. So, I replied "Mr. Dhurandhar Bhadvadekar"..
    She waited a second to digest it, then said, "Okay..Go..!!"..





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  • roseball
    11-19 12:45 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .


    This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....



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  • solaris27
    10-16 01:11 PM
    i had LUD same day and one day after .





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  • TomPlate
    01-31 10:23 PM
    Hukabee in Republican.
    Obama in Democrat.



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  • cool_cat
    09-28 09:13 PM
    My I-485 application has been received by TSC on July 2nd. I have not received anything yet. My check is also not cashed. Is there anyone who applied on the same date and did not get his RN yet.
    Thanks,





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  • pappu
    10-31 08:32 AM
    4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.

    We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)

    The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.

    Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.



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  • wandmaker
    12-09 12:53 PM
    We all know what IV did for us during July bulletin fiasco. If not IV, we all will still be watching visa bulletins. At this juncture, we are talking about EAD and AP renewals. Contribute, and raise the bar.





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  • Sideliner
    07-17 07:33 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in..
    I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.

    Good luck.



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  • akhilmahajan
    04-23 09:30 AM
    I have not got my i140 approval yet........

    but the Receipt i got for my i140 says:-

    Notice Type: Approval Notice
    Section: Mern of Profession w/Adv Deg,or
    of Excentn'l Abllitv
    Sec .203.(b) (2)

    So, does that mean it is being processed for EB2.

    thanks.





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  • priya82
    02-17 08:02 PM
    Hello,

    I have a question regarding my employment & H1B.

    I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.

    So I have applied for H1B transfer last week with company "B"

    I got a call today from company "A" offering me a job.

    Is it possible for me to work with company "A", while my application for H1B transfer is pending?

    I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation

    Any help in this matter will be greatly appreciated.

    Thanks



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  • satyasaich
    04-23 12:42 AM
    You are correct.
    Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.

    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!





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  • GCVictim
    08-28 05:02 PM
    I am also in the same boat. Me and wife applied (efile) same time. Mine EAD has approved. For her still pending. Both APs also pending.

    RN: 26-june-2008
    FP: 17-Jul-08
    My EAD Approved Date: 26-Aug-2008





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  • nousername
    11-20 09:05 PM
    Sorry to hear about your situation.. Your husbands b***s should be chopped for physically abusing you..

    I'm not sure where you are based or which country you originally belong to but like in SF Bay Area (California) there is Indian Community Center which on Sunday's offer free legal advice. Here is the link Free Legal Clinic | Indiacc Home (http://www.indiacc.org/legal_clinic)

    You might have something like this around you live..

    Good luck.

    Help!
    I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

    I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

    I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

    Many thanks in advance for all help and advice.

    P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.





    gc_on_demand
    06-15 04:21 PM
    Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.





    tabletpc
    07-29 10:59 PM
    If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.

    Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.

    If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.

    Yes if it gets rejected...u need to take an appointment in india and return to US.



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