TeddyKoochu
01-06 03:41 PM
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
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intheyan
03-31 11:27 PM
yes u can
raju123
06-26 12:25 PM
NumberUSA reported following possible amendments. Nothing for EB !!!
If this is the case, we should strongly oppose the bill.
http://www.numbersusa.com/hottopic/senateaction0507.html
According to El Bolet�n, �the official Senate Democratic Hispanic Task Force newsletter,� the following proposals are now under consideration for possible consideration if cloture is invoked:
Democratic Amendments
* Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
* Webb S.A. 1313: Community ties for [amnesty]
* Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
* Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
* Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
* Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
* Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
* McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
* Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
* Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
* Schumer: provides for tamper-proof biometric social security cards
* Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay
Republican Amendments
* Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
* Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
* Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
* Domenici S.A. 1335/1258: increases Federal judgeships
* Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
* Graham S.A. 1465: enforcement. Still being drafted.
* Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
* Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
* Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
* Chambliss S.A. 1318: Totalization agreements
* Isakson S.A. 1282: Preemption/Home Depot
* Graham: Criminal penalties/mandatory minimums for overstays
If this is the case, we should strongly oppose the bill.
http://www.numbersusa.com/hottopic/senateaction0507.html
According to El Bolet�n, �the official Senate Democratic Hispanic Task Force newsletter,� the following proposals are now under consideration for possible consideration if cloture is invoked:
Democratic Amendments
* Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
* Webb S.A. 1313: Community ties for [amnesty]
* Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
* Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
* Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
* Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
* Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
* McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
* Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
* Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
* Schumer: provides for tamper-proof biometric social security cards
* Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay
Republican Amendments
* Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
* Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
* Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
* Domenici S.A. 1335/1258: increases Federal judgeships
* Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
* Graham S.A. 1465: enforcement. Still being drafted.
* Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
* Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
* Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
* Chambliss S.A. 1318: Totalization agreements
* Isakson S.A. 1282: Preemption/Home Depot
* Graham: Criminal penalties/mandatory minimums for overstays
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pointlesswait
06-04 10:23 AM
looks like yours is a small bank..
call up their central customer service..or talk to the manager.... manager shoudl be of help...else..i guess u have to go in person!
call up their central customer service..or talk to the manager.... manager shoudl be of help...else..i guess u have to go in person!
more...
kminkeller
03-09 02:49 PM
Completely valid question ivgclive. Yes it has been more than 3 years that I had EAD. Only fear that I have right now is for EAD you need to have a job at all times in case I get an RFE or any kind of notice to prove that I am working on similar job. In this economy you never know what is going to happen. You have a job now and you may not have it later. That is what concerns me a lot coz I have a family here and bought a house and other responsibilities. So I was hoping porting to EB2 was not that long process from Labor, I140 then I485. and that is why I needed to know if I need H1 to apply for Labor on EB2.
BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.
Thanks.
BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.
Thanks.
karthiknv143
05-14 01:14 AM
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
There are many links on this.. Please check the discussions..
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
There are many links on this.. Please check the discussions..
more...
ruchigup
08-22 03:54 PM
Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
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snathan
04-20 12:40 AM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me
I got the good news to share every one. got the approval . its wonderful
On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me
more...
raj2007
06-21 03:54 AM
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
No you will get all the benefits of I-485 filing lik EAD and AP. Only your 485 processing will suspend till your PD are current again.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
No you will get all the benefits of I-485 filing lik EAD and AP. Only your 485 processing will suspend till your PD are current again.
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tamil12
10-15 02:04 PM
I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.
more...
zephyrr
07-16 11:51 PM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
wonder why different attorneys have different requirements
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chanduv23
04-15 07:04 PM
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Thanks for quoting my nae too with all the other gurus :) Congratulations. Do visit IV and keep supporting us :)
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Thanks for quoting my nae too with all the other gurus :) Congratulations. Do visit IV and keep supporting us :)
more...
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continuedProgress
04-19 02:21 PM
Since its rare for a denial to automatically turn into an approval. :)
Do you care to share what you had to do?
Do you care to share what you had to do?
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pcjandyala
07-21 11:31 PM
http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.
Wish you all the best.
Wish you all the best.
more...
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eb2india
07-13 09:47 AM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
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invincibleasian
02-10 05:27 PM
I hope they dont flood the US from UK now. Then we will have more retrogression!
more...
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jonty_11
01-15 02:25 PM
els.edu guys are very slow is responding....
Anyone appeared for IELTS test from els.edu location apart from those mentioned on this link for USA.
http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4
Anyone appeared for IELTS test from els.edu location apart from those mentioned on this link for USA.
http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4
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shreekarthik
06-10 05:56 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
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eastindia
09-23 11:14 AM
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.
If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D
You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.
If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D
JazzByTheBay
10-10 06:10 AM
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
txh1b
08-18 05:31 PM
They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.
Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes. A COS is not the way to go. A visa stamp or travel and re-entry may be a better way and note that it does not erase any earlier out of stay period.
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