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Filed: AOS (apr) Country: Singapore
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Posted

Hi,

 

We are currently on F1-OPT transiting to H visa and would like to explore in applying EB visa (GC) as soon as possible. My husband graduated with a post grad degree in the States and currently employed. We are hoping to apply ourselves with the help of a lawyer. Can anyone advise?

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

IS this not something that the Lawyer dealing with the H would do?

“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.”

Filed: Citizen (apr) Country: Germany
Timeline
Posted
1 hour ago, IJJ said:

Hi,

 

We are currently on F1-OPT transiting to H visa and would like to explore in applying EB visa (GC) as soon as possible. My husband graduated with a post grad degree in the States and currently employed. We are hoping to apply ourselves with the help of a lawyer. Can anyone advise?

 

 

I think the company that is applying for your H visa will have to petition for your GC, that is not something you can do by yourself.

Posted

Unless you are applying EB1 (extraordinary ability) or EB5 (investment visa requiring $500k-$1m) you cannot apply on your own behalf, you need a company to petition for you. From the brief description in first post does not sound like either of these apply.

 

Filed: AOS (apr) Country: Singapore
Timeline
Posted (edited)

Thanks all for replies. Hubby's H is through his current company lawyer. He also has a new job offer and they are talking about applying O1 for him since his H will only be in effect from Oct 1.We are indeed exploring into EB1 which is more stringent than O, we know. Hence, we hope to find a good lawyer who knows EB application process inside out to help advise & guide us.

Edited by IJJ
Posted
1 hour ago, IJJ said:

Thanks all for replies. Hubby's H is through his current company lawyer. He also has a new job offer and they are talking about applying O1 for him since his H will only be in effect from Oct 1.We are indeed exploring into EB1 which is more stringent than O, we know. Hence, we hope to find a good lawyer who knows EB application process inside out to help advise & guide us.

To qualify for EB1 coming straight off an OPT seems a massive stretch, but good luck. You will definitely need a very competent lawyer. O1 will certainly be easier, of course the derivative will not be allowed to work though.

Posted

Does the new company, that is hiring someone for extraordinary ability, not have a competent legal team to advise, guide, and file?  It's possible hubby's company has filed previous EB1 petitions..

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Filed: AOS (apr) Country: Singapore
Timeline
Posted
18 minutes ago, SusieQQQ said:

To qualify for EB1 coming straight off an OPT seems a massive stretch, but good luck. You will definitely need a very competent lawyer. O1 will certainly be easier, of course the derivative will not be allowed to work though.

Never try, never know. :)

 

13 minutes ago, WeGuyGal said:

Does the new company, that is hiring someone for extraordinary ability, not have a competent legal team to advise, guide, and file?  It's possible hubby's company has filed previous EB1 petitions..

Perhaps, if he decides to take on their offer. For now, we want to explore our possible options.

Filed: K-1 Visa Country: Wales
Timeline
Posted

http://www.baskinvisalaw.com/

 

Somebody I know on a O used these and thought they did a good job.

“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.”

Posted
30 minutes ago, SusieQQQ said:

Lol true, and I’m sure you’ll find a lawyer to take your fees. Please update the thread with your eventual visa choice!

True, lawyers never say no :)

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Posted
1 hour ago, WeGuyGal said:

True, lawyers never say no :)

And to be fair we don’t know the applicant, quite possible that despite having a fairly new postgrad degree he’s already got a ton of published work and awards, or maybe he did a lot of stuff between undergrad and graduate school to build up an impressive resume, or already has a professorship offer or ...whatever.  

Filed: AOS (apr) Country: Singapore
Timeline
Posted
2 hours ago, SusieQQQ said:

Lol true, and I’m sure you’ll find a lawyer to take your fees. Please update the thread with your eventual visa choice!

Well, for something worth trying!  In fact, there are some nice and honest ones that will do free consultation and only take your fee and file petition when they think they are confident to take up your case for a good chance of success. No deep pocket to dump money for nothing. :P I spoke to 2 today over the phone and they will be reviewing our case in details to decide. No charge for these consultations and reviews so far. I will try to return to update if there is anything positive.  :)

6 hours ago, Boiler said:

http://www.baskinvisalaw.com/

 

Somebody I know on a O used these and thought they did a good job.

Thank you! I will KIV this contact.

Posted
18 hours ago, IJJ said:

Hi,

 

We are currently on F1-OPT transiting to H visa and would like to explore in applying EB visa (GC) as soon as possible. My husband graduated with a post grad degree in the States and currently employed. We are hoping to apply ourselves with the help of a lawyer. Can anyone advise?

 

 

The EB2-NIW is exactly what you seem to be looking for. It is generally easier than EB1, depending on the field. It is self-sponsored and so it does not require any action from your employer (or even employment). The best attorney in town is probably Victoria Chen. She specializes in these cases and has more than 98% approval rate. Good luck!

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

 

Filed: AOS (apr) Country: Singapore
Timeline
Posted
6 hours ago, randomstairs said:

The EB2-NIW is exactly what you seem to be looking for. It is generally easier than EB1, depending on the field. It is self-sponsored and so it does not require any action from your employer (or even employment). The best attorney in town is probably Victoria Chen. She specializes in these cases and has more than 98% approval rate. Good luck!

Congratulations on getting yours some times ago! And thank you much for your recommendation. I was told either EB1B or EB2-NIW for us. *Fingers-crossed^ Hope either of these works smoothly for us. 

 
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