rk3817
11-29 10:29 AM
Pardon my ignorance, I am new to the Forum and saw this discussion. Waht is a LUD and how do i find out what is on my pending I-485 petition.
Thanks
Thanks
GCMan007
06-23 08:24 PM
My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
gondalguru
06-19 11:45 PM
Please help me as I am in big confusion.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
vhd999
02-04 06:13 PM
Few months agoI have applied for AP and requested for an expedite process.
I have sent two pre-stamped envelops with the application. This is at NSC.
Fortunately, they have approved it in a week and sent the AP documents using the envelops. I have recevied the documents on the next day.
If you have a valid reason, it doesn't hurt requesting the expedite process with a proper evidence.
I have sent two pre-stamped envelops with the application. This is at NSC.
Fortunately, they have approved it in a week and sent the AP documents using the envelops. I have recevied the documents on the next day.
If you have a valid reason, it doesn't hurt requesting the expedite process with a proper evidence.
more...
nogc_noproblem
04-09 04:34 PM
If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
sixpockets
04-15 10:16 AM
TomPlate is correct, I followed the same procedure after being rejected twice.
Here's the supporting FAQ from IRS ...
http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7
Here's the supporting FAQ from IRS ...
http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7
more...
newuser
02-23 03:54 PM
Me too.
I use IE 7.0
I use IE 7.0
longwait4gc
02-23 04:58 PM
Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
more...
EkAurAaya
10-19 10:03 AM
I don't have an A#? Where can i find that.
Should be on your EAD (alien #)
Should be on your EAD (alien #)
sharma1
01-29 04:53 PM
try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
This is very helpful.Thank you.
Posting this info. provided by some one in this forum long time back.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.
Some of the standard questions:
1) Name check Status ?
2) Background Check Status ?
3) Has it been assigned to an officer ?
4) When can I expect to get some updates on my case ?
5) Can you help me with a ball park date on when my case will be assigned to an officer?
Ofcourse, we all are aware of the standard response we get.
This is very helpful.Thank you.
more...
gc_lover
07-23 08:04 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
nomi
04-20 04:27 PM
04/20/2007: Immigration Reform Growingly Picks Up Heat
Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.
http://www.immigration-law.com/
Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.
http://www.immigration-law.com/
more...
Leo
07-16 12:36 PM
This means that an officer is looking on your file and probably take a decision on it. Whats ur priority date?
uslegals
11-26 05:05 PM
congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!
more...
rajeshalex
09-20 01:31 AM
Hi Modi,
If u plan in 3 months prior and if u dont travel during the peak times you should get a good deal from anyone. Peak time is when school closes in US and Dec 10 to Jan 20.
And get quotes from one or 2 agents and check the airline website. This should give u a good starting point
Rajesh
If u plan in 3 months prior and if u dont travel during the peak times you should get a good deal from anyone. Peak time is when school closes in US and Dec 10 to Jan 20.
And get quotes from one or 2 agents and check the airline website. This should give u a good starting point
Rajesh
RNGC
02-06 09:10 AM
I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
more...
dxldad
05-18 12:45 PM
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
Sooria
10-28 01:16 PM
Guys
I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.
I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.
Blog Feeds
08-31 09:40 AM
USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.
In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.
For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.
New Evaluation Process For EB1B Cases
For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.
Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.
More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)
In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.
For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;
8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;
9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.
After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.
New Evaluation Process For EB1B Cases
For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:
1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;
4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;
5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;
6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;
For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.
Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.
More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)
JEESEE
05-11 12:06 PM
My Wife wanted to join a school for some course. We decided to apply for FAFSA to pay for School fees. I am not sure whether she is eligible to apply for FAFSA or not.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
Can some Guru shed some lights on this?
By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.
ashkam
12-07 07:52 AM
I applied for my 485 in August and then applied for my H1B extension in november. Obviously your lawyer is incompetent.
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