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EB-2 NIW

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EB-2 Rookie

EB-2   1

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Hello Boiler! 
I have a work permit based on Form I-140 (EB-2 NIW). I work officially. And then I-485 hasn't been turned down yet, it's on pending. Do you think I can apply for EB-2 NIW again to stay legal? And during this time, I find a job and apply for EB-2 or EB-3.

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randomstairs
randomstairs

Technically you failed to meet the prong 2, but from the look of it, all three are weakly challenged by your attorney.    The NIW is a long shot if your highest degree is below the PhD, MD,

igoyougoduke
igoyougoduke

USCIS thinks you dont qualify EB2-NIW.  so reapplying with the same credentials is throwing your money in vegas. They already denied what makes them approve the next time without any further qualifica

EB-2
EB-2

I am working in photoshop now. I sent my resume to employers, but I'm not getting a job yet. The whole reason is that I came on a B-2 visa and really want to be useful in America by working here.

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designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
 Timeline
Posted (edited)

 

51 minutes ago, EB-2 said:

I sent my resume to employers, but I'm not getting a job

9 minutes ago, EB-2 said:

I work officially.

Which one is it?

 

Are you saying you entered on the B2 visa with the intention to stay in the US and find a job?

Its clear that you don't meet the NIW requirements so there is no point in trying again in the short term.

 

9 minutes ago, EB-2 said:

And during this time, I find a job and apply for EB-2 or EB-3.

Even if you find a job the timeline will not allow you to stay in the us on a b2. You will not be able to adjust status if you are out of status so you should plan to leave before that happens.

 

 

Edited by designguy
Boiler Grand Master

Boiler   45,761

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
27 minutes ago, EB-2 said:

Hello Boiler! 
I have a work permit based on Form I-140 (EB-2 NIW). I work officially. And then I-485 hasn't been turned down yet, it's on pending. Do you think I can apply for EB-2 NIW again to stay legal? And during this time, I find a job and apply for EB-2 or EB-3.

No I 140 means no adjustment.

 

E2 is not current even for ROW.

 

I assume a timely filed appeal is your only option but you have a very weak case as discussed.

 

EB2 or 3 is a long shot and will take years anyway.

 

Obviously competent lawyer territory.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

randomstairs Community Regular

randomstairs   304

Posted
Filed: Citizen (apr) Timeline
Posted
2 hours ago, Boiler said:

Ohh it is normal for Lawyers who handle EB2 NIW to offer a money back guarantee, did yours?

They got a lawyer who charged them for an unwinnable case. Sad.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

igoyougoduke Experienced

igoyougoduke   1,663

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
11 hours ago, randomstairs said:

They got a lawyer who charged them for an unwinnable case. Sad.

i have a deep untrust for lawyers in US . They will wag their tail for anything. they want to make money and have nothing to lose even if your case gets denied. i have seen a dime in dozen law firms who dont give a penny about applicant  when their cases get denied. They are like puffff its in the contract we are not responsible..

 

duh

igoyougoduke Experienced

igoyougoduke   1,663

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
13 hours ago, EB-2 said:

Hello Boiler! 
I have a work permit based on Form I-140 (EB-2 NIW). I work officially. And then I-485 hasn't been turned down yet, it's on pending. Do you think I can apply for EB-2 NIW again to stay legal? And during this time, I find a job and apply for EB-2 or EB-3.

your i-140 denied means your 485 will be denied soon. 

 

once your b-2 i-94 expires ( usually is 6 months from the day you enter usa) you will be out of status.

 

 

duh

Boiler Grand Master

Boiler   45,761

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
1 minute ago, igoyougoduke said:

your i-140 denied means your 485 will be denied soon. 

 

once your b-2 i-94 expires ( usually is 6 months from the day you enter usa) you will be out of status.

 

I do not think this is a premium processing, did I miss it?, so that is probably past.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

randomstairs Community Regular

randomstairs   304

Posted
Filed: Citizen (apr) Timeline
Posted
57 minutes ago, igoyougoduke said:

your i-140 denied means your 485 will be denied soon. 

 

once your b-2 i-94 expires ( usually is 6 months from the day you enter usa) you will be out of status.

 

 

The 245(k) allows them for the last ditch effort for another 180 days, past the I-94 validity. But, given their credentials, they should depart before running out of status.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

EB-2 Rookie

EB-2   1

Posted
Timeline
  • Author
Posted

Good afternoon everyone!
First of all, I want to thank all those who responded to my post.
I haven't decided yet whether I will appeal or resubmit. I think it's better to resubmit (the same fee and I have 2 tries - RFE and final decision).
Many wrote that I need to have a Ph.D. or master's degree, but what about a Bachelor's degree with 5 years of experience? See also below:

 

You can pass the General EB-2 Eligibility Test by meeting 1 of the following 2 criteria:

You have an advanced degree (Master's or Ph.D. Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or

You have demonstrated exceptional ability in your field.

Thank you.

EB-2 Rookie

EB-2   1

Posted
Timeline
  • Author
Posted

My evaluation says:

 

"...The diploma is, in level and intent, the academic equivalent of a Bachelor's degree and a Master's degree in architecture (first professional degree in architecture) from a regionally accredited institution in the United States. The degree is also the first professional degree in architecture in her country."

randomstairs Community Regular

randomstairs   304

Posted
Filed: Citizen (apr) Timeline
Posted
8 minutes ago, EB-2 said:

Good afternoon everyone!
First of all, I want to thank all those who responded to my post.
I haven't decided yet whether I will appeal or resubmit. I think it's better to resubmit (the same fee and I have 2 tries - RFE and final decision).
Many wrote that I need to have a Ph.D. or master's degree, but what about a Bachelor's degree with 5 years of experience? See also below:

 

You can pass the General EB-2 Eligibility Test by meeting 1 of the following 2 criteria:

You have an advanced degree (Master's or Ph.D. Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or

You have demonstrated exceptional ability in your field.

Thank you.

If you have other qualifications, on top of the absolute minimal formal education, theoretically you can get it approved.

 

So, let's see, do you have any citations in peer-reviewed journals? If so, do the citations reflect significant advancements in your field? Any patents to your name? Have you designed any methods that were used productively by others in your field? Have you judged the work of others in your field (including reviewing research papers)? Have you been invited to serve in high positions in organizations or societies in your field?

 

These are potential credentials that you may present if you choose to reapply.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Boiler Grand Master

Boiler   45,761

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What exceptional ability have you demonstrated?

 

If I googled your name would I come up with lots of articles in Architecture publications? 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
 Timeline
Posted
5 hours ago, EB-2 said:

You can pass the General EB-2 Eligibility Test by meeting 1 of the following 2 criteria:

You have an advanced degree (Master's or Ph.D. Degree), or its equivalent (Bachelor's Degree and 5 years of experience);

You having 5 years experience has nothing to do with meeting the requirements for the NIW. Your issue is with the NIW requirements which, from what you have posted, you do not meet. Unless there has been a substantial change since your last petition you can expect a denial again

EB-2 Rookie

EB-2   1

Posted
Timeline
  • Author
Posted

Thank you very much to everyone who answered and wrote valuable suggestions about my situation.

Can you please tell me how not to overstay my legal stay in America?

My EB-2 NIW case was denied on 06/14/2023. How long do I have after a denial so that I can reapply and not overdue my stay in America?

Boiler Grand Master

Boiler   45,761

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

We would need to know your current status, you will revert back to B I assume.

 

Have you not discussed all this with your Lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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