EB-2 NIW

[EB-2 1]

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.

Edited July 2, 2023 by EB-2

[designguy 1,179]

 

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 July 2, 2023 by designguy

[Boiler 43,668]

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.

[randomstairs 270]

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.

[igoyougoduke 1,614]

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..

 

[igoyougoduke 1,614]

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.

 

 

[Boiler 43,668]

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.

[randomstairs 270]

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.

[EB-2 1]

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 1]

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 270]

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.

[Boiler 43,668]

What exceptional ability have you demonstrated?

 

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

[designguy 1,179]

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 1]

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 43,668]

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?