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Everything posted by randomstairs
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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, or similar level. You don't even seem to have a masters degree, so that's that. You need to demonstrate that your work has been used to advance your field. Just being good at what you do won't cut it. Your current area of concentration doesn't seem to be consistent with your experience, which is a big issue with the NIW applications. The best lawyer in town is Victoria Chen. She won't take your case though, but do try!
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You need to be more specific if you want a useful advice. Were you denied based on all three prongs? Did you apply with a lawyer or by yourself? What are your qualifications? I had had an RFE on my NIW but got approved when I responded.
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DUI restamp question - L1 (or experience around H1B as well)
randomstairs replied to Patientes's topic in Work Visas
Of course it is possible! With no conviction (or even filing, as is the case) your chances of convincing the consular officer that you're not presenting a risk of another DUI are good, IMO. The Panel would be the worst case scenario, and if you're assigned one, you'll pass easily unless you have a chronic alcohol problem (daily drinking, etc). So, while you must take it seriously, this case is unlikely to jeopardize your future in the US. Best of luck! -
DUI restamp question - L1 (or experience around H1B as well)
randomstairs replied to Patientes's topic in Work Visas
I don't know specifically for L1A visas, but in the case of H1B, only the visa is revoked, not the status in the US. So I don't think they need a new approval, just a new visa stamp if they travel. Bring the documents showing that the charges have not been filed by the DA. This may help with avoiding the Panel, but those decisions are probably discretionary. The BAC of 0.03 is still significant even if not illegal for the type of the vehicle and in the state you were driving. It's beyond me why would anyone, especially a non-citizen, have a single beer before driving. I don't mean ethically - no judging - I mean from the perspective of legal jeopardy that one could be facing as a consequence. It's just a really bad idea. -
The idealistic part of me agrees that the word should adopt the EU style freedom of movement, based on the logic you presented. In the poorer EU member-states the flow of migration has often reversed (people moving back to the original countries and those born in richer countries seeking unexplored business niches). The process is guided by a kind of law of diffusion: a tendency to make systems equal after removing the barrier between them. But the EU didn't just open the borders. It took decades for prospective members to meet the strict criteria, and, importantly, they had to be willing to trade some of their sovereignty for the greater good of the Union. I don't see Canada doing this with the US (relatively similar economies and political systems), let alone Mexico, much less the rest of the world.
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Work Authorization Category C09P
randomstairs replied to Lifewithjoy's topic in Working & Traveling During US Immigration
Bring those documents and print out what @Jeanne Adil suggested. Or, if it's not too inconvenient, go to another DMV. -
While a strong economy is key to a strong society, it's not necessarily the only aspect that matters. The right of US citizens to sponsor their spouses and parents is a part of their right of pursuit of happiness. Family-based immigration is just that - family-based. The DV lottery insures that the door remains ajar for immigrants from less represented countries, and its economic value can be disputed, but given that it requires a minimal education and/or experience, and that it probably mostly attracts the young, I suspect that it's beneficial. I say this as someone who took the F1 --> H1B --> EB2-NIW path, and who most likely will never sponsor an immigrant. But as (now) a citizen, I'd like to retain that right. That said, I absolutely agree that limitations on EB categories should be abolished and that these categories be given higher priority.
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Not exactly sure what your question is. Generaly US citizens must file taxes, regardless of the country of their residence. The daughters should be fine as they are dependents. If you're delinquent with your taxes the passport renewal may be an issue: https://travel.state.gov/content/travel/en/passports/legal-matters/passports-and-seriously-delinquent-tax-debt.html
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Canadian citizen dentist in US : H1B to Green Card, process?
randomstairs replied to Ramy012's topic in Work Visas
Unfortunately there is currently no way to get the GC quickly via EB2 if you were born in India (and 10-15 years is an optimistic estimate). There are, however, some advantages to having the I-140 approved, including no limit to the years on H1B, and the likelihood that EADs may become available. Some regulations are subject to change, without necessity for legislation. The laws may also change to your advantage (e.g. the GC recapture bill)... -
How is "residence" defined? Changing the residence is the same as the change of domicile, and a change of address must be reported. I'm not sure that a temporary stay away from your permanent address (domicile) counts as the change of residence for this purpose. Otherwise a weekend trip away from your district would count as the violation of the 3-month rule, wouldn't it? Does the USCIS specify how many days out of the 3-month period does one have to be physically present at their residence? If not, wouldn't the residence simply be one's permanent address?
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Canadian citizen dentist in US : H1B to Green Card, process?
randomstairs replied to Ramy012's topic in Work Visas
Have you done any independent research that resulted in peer-reviewed publications? Have you any patents to your name? Have you developed a new method/tools that others are applying? It's not impossible for dentists to go for EB1A, but it requires some outstanding creative feats. -
Interview required documents
randomstairs replied to Emeolu's topic in US Citizenship General Discussion
Yes, bring the passport photos (recent). -
Canadian citizen dentist in US : H1B to Green Card, process?
randomstairs replied to Ramy012's topic in Work Visas
If the OP is married, and if the spouse was born in an ROW country... -
Canadian citizen dentist in US : H1B to Green Card, process?
randomstairs replied to Ramy012's topic in Work Visas
Yes, employment-based GC is included. The concept is known as cross-chargeability and can be applied to EB categories as well: https://www.hooyou.com/i140&i485/cross.html -
Canadian citizen dentist in US : H1B to Green Card, process?
randomstairs replied to Ramy012's topic in Work Visas
If your spouse is born in Canada (or another ROW country) the chargeability would be on their country. -
Canadian citizen dentist in US : H1B to Green Card, process?
randomstairs replied to Ramy012's topic in Work Visas
Is a dentist not a "or be a specialty physician"? -
Canadian citizen dentist in US : H1B to Green Card, process?
randomstairs replied to Ramy012's topic in Work Visas
There is a conditional GC for physicians working in underserved areas. It falls under the NIW. -
Canadian citizen dentist in US : H1B to Green Card, process?
randomstairs replied to Ramy012's topic in Work Visas
Why EB1? The employer can sponsor you for EB2. You can also self-sponsor for EB2-NIW in some cases. -
Sponsor brother/sister
randomstairs replied to adri80's topic in Bringing Family Members of US Citizens to America
Could you provide a link to that? Thanks!