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  • senthil1
    12-06 05:12 PM
    If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.

    Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.


    There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.

    The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:

    1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.

    2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.

    3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.

    4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.

    5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.

    6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.

    7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.

    8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.

    9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.

    10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.

    Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.





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  • man-woman-and-gc
    03-09 05:37 PM
    I had dream last night, part of which I still remember.

    As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
    I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
    I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

    And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.

    And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.

    I know all of of us are desperate for the Green...but we just can't stop living without it...For heaven's sake, if you want to buy a house, please do...several of us including me have taken advantage of buyers market and living in our own homes...if you want to change a job..go ahead, so many have taken advantage of AC21 or even started a new labor to change their line or grow up in their jobs...if you want to go for Europe tour...go for it...I went there last summer and so did so many others on visitors visa..its an incedible experience which should not be compromised for a GC.

    GC does makes life a hell lot easier, but we are all hard working people....who had the courage to come so far from our loved ones....we don't go for what's easy, we do what's necessary.





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  • BharatPremi
    11-24 12:33 PM
    Also include some text which says that you were an fulltime employee (40 hrs per week)...

    Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.





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  • gv007
    06-19 06:28 PM
    Im still stuck neck deep in the PBEC quagmire.
    for PBEC - What numbers are you guys calling ?

    GA RIR
    PD - Oct 2003
    NOF - received March,
    NOF - PBEC received April 2
    still IN PROCESS


    My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.

    Have you guys heard anything like "notice of forward"( it was something like this)...

    These LC people in dallas are killing me..!


    DB



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  • kisana
    04-11 10:16 PM
    Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

    Also what should I fill in the
    "Please provide information concerning your eligibility status"

    Please suggest.





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  • piyu7444
    07-03 01:59 AM
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.

    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.



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  • arunmohan
    04-06 12:44 PM
    Friends ,
    Count me in,I live in Tucson.





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  • pradeep_s
    12-20 09:17 AM
    Thanks perm2gc!

    Can you please tell me what you mean by labor. Is it the I-797 Notice of action (approval notice) for H1b, and letter from my current employer stating my current job status?

    Thank you,

    pradeep



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  • apb
    08-17 10:03 PM
    See all of you in rally !.

    And you will there with your friend...//wink.. correct.





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  • krishna.ahd
    02-12 06:08 PM
    both H1 and H4 extension are filed together regularly.

    However, the need now arises to upgrade both to premium processing.

    Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.

    But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.

    Anyway, thanks for all replies. I'll keep digging....
    It happned to me , when attorney forgot to file H4 for my kids and i came to know only after i received my extension. Then my employer filed it under premium and received the approval within 10 days.



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  • yak2121
    03-25 12:36 AM
    We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D





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  • gcphul
    12-14 09:37 AM
    Munnabhai,

    I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.



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  • fcres
    08-09 10:08 AM
    I thought in one of the recent memos it stated its the date when the application is mailed. I will try to dig it out.





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  • eb3retro
    04-12 10:16 PM
    Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?



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  • don840
    04-04 01:30 PM
    immigrant-in-law pls. click on new thread by going on the forum as Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation > and then click new thread.

    wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.

    Also, do you think Consular processing might be a better option instead of 485?





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  • test101
    07-18 11:04 PM
    Can I file I-131 after filing for I-485? or does it have to be done at the same time?

    thanks



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  • Texascitypaul
    02-23 06:25 PM
    Make sure you speak with an attorney who files a lot of marriage-based cases.
    I am looking right now,thanks for that piece of advise,so many to choose from...





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  • snathan
    05-01 11:55 PM
    I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

    Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
    Thanks.

    pappusheth

    Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.





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  • prem_goel
    11-25 01:27 PM
    Dipika,
    Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )





    GCBy3000
    11-21 05:57 PM
    I live in a small town and work for fortune 100. Last month I saw some 10 Indian families in my small town and wondered what they are doing here? There are only two big insurance companies here and the other one does not have any H1bs. In my company there are four H1bs.

    When I talked with them, they all came here for the first time from Accenture India. It was interesting to know that those guys are team leads and PMs back in India, but are mere programmers here. They say, they are not involved in any managerial or design activities. All they were given instructions from the perm employees on how/what to do. When discussed more, they said that is how Indian consulting and American companies work. We are PMs and leads only in India, but not when we are deputed to US. But if we go to UK/AUS, then we do the real PM job but not in US. Also 80% of Indian companies revolve around US projects.

    The reason for me to say this now is I was thinking all these days that I lost big opportunity because I did not move back to India in right time. This is not true. Even if I decide to move back now, I should be able to get Sr.PM job. I learnt a lot from those guys about the Indian market. After that I felt the only thing I missed is Indian food.

    What makes you say that there will be a spike in the PM jobs?





    surge
    02-12 07:17 AM
    Hi everyone.

    i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
    in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.

    PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
    will be very grateful.
    thank you.



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