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  • 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!





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  • sts_seeker
    05-14 06:30 PM
    I AM ALSO victim of same situation. I got my RFE and replied already but wife's RFE hasn't been received and its been more than 3 weeks. My atty called, sent letters and I also called but no letter yet. Don't know why this same pattern happening?





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  • gc_on_demand
    04-04 11:29 AM
    Can pls add poll to this by month. We atleast know 3 cases..

    i voted as sep 2007 from one lawyer posted that news.





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  • bindas74
    05-15 05:04 PM
    To Bindas74,

    Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

    On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

    Thanks,

    Hi X-Wing,

    Thanks for the response.
    I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
    I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.

    Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )

    -Thanks



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  • eucalyptus.mp
    02-18 08:58 AM
    he is asking me to go back to India after March





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  • Ramba
    05-01 11:42 AM
    Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
    I will be sending mainly to DOS , DHS and USCIS

    First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.



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  • amsgc
    09-11 06:11 PM
    Compare the above poll with this (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) one

    Looks like USCIS has done quite a bit of house cleaning.

    If there is somebody who has not voted in the general EB2 poll- then please do.
    Good luck to all who are still waiting!





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  • laksmi
    02-18 02:33 PM
    Is paystub needed When a person is on H1B and is out of project when AOS on 485.


    I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.

    Do a H transfer immediately with some other company so that u remain in status...

    Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.



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  • wellwishergc
    08-02 02:36 PM
    I agree with logiclife. Consulting a good lawyer like Rajeev Khanna or Murthy is the best approach to go forward.

    Although perm2gc has many of the questions answered correctly, every case may be unique. There may be possibilities that your brother can still come to US. The lawyer may be able to help you with a legal way of going about it.

    If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.

    When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.

    If you do get advice here, then be aware of the chances that it could be not applicable to your situation.

    Good Luck.





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  • va_il
    12-27 01:49 PM
    With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

    Any insight would be appreciated.
    Clueless i guess.



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  • solaris27
    10-15 01:46 PM
    No you can't





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  • VenuK
    07-10 07:35 PM
    Hi SDDesi,

    That's a good point. i will talk to my attorney and senior attorney from other resources.

    Thanks,

    Hi raysaikat,

    I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
    then
    only i have received approved I-797 with company Y on Jun 5, 2008.
    addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.

    coming to second point
    i dont think my current client will give me that kinda luxury working from remote place,

    what is TAL?
    what information is provided there.
    what do i need to look for in there.
    do u have any link where i can look into it, if so pls email me at
    kvenu135 at hotmail dot com
    please email me anyone who reads this thread/post with your advices.
    I would be more than happy to appreciate it


    With Thanks,
    Venu



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  • ramesh10
    06-15 09:39 PM
    Thanks Franklin
    I will contact my lawyer on this





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  • thomachan72
    10-04 03:09 PM
    That was for Indian residents, don't think IRS recognizes PF, it wouldn't get tax benefit here. 8% FD after tax is still 5.5% annual interest.
    Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
    Yes I meant tax deduction under Indian income tax not IRS.
    Also I checked online and the max deposit permitted per anum into the PPF acount is only Rs 70 thousand. I am not sure yet whether NRI can deposit.



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  • chanduv23
    12-16 12:16 PM
    DMV people just look at the expiry date.

    As pending 485 do not have expiry date they won't accept it as status.

    What would you think would be a solution for this?





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  • Munna Bhai
    12-17 01:47 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.

    Please be prepared..just think of various reason and prepare accordingly.Everything will be fine.



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  • mheggade
    05-08 03:15 PM
    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)

    Well I agree that professional modeling work is lot harder than it appears.
    And I am also sure school kids can write excellent java programs , if the requirement is to write a Hello World programme.

    Btw , I work in Java technology and My view is Genuine Java programmer's are "highly skilled".





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  • natrajs
    03-06 02:58 PM
    yes EB3 India. I think when I look back, its just a matter of luck. Once it was RFE, second time I got a second finger printing and third time they just did'nt pick it up. But USCIS has been very promptful in approving my EADs and AP. I could be very well one of the oldest processing case sitting in the TSC shelf.
    (1700 days)

    Since the Name check mess is cleared, You will get it soon





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  • lazycis
    10-29 03:02 PM
    I found out (via attorney) that the right way to do it is to send a new G-28 form to USCIS. Put your name as a petitioner and as a representative, check box 4 (other) and write "I would like to represent myself in all matters related to my I-485 filing".





    gc_in_30_yrs
    09-27 10:08 AM
    so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com

    Lets see what the future holds for us.

    Hold on snhn:

    rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.





    vinabath
    03-24 01:56 PM
    Now everything is queued..... no more cutting lines.



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