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randomstairs

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Everything posted by randomstairs

  1. Just wanna thank VJ for all the help with my journey. I joined when I filed the AOS but the journey had been a lot longer. F1 (many years) --> OPT --> H1B (many years) --> EB2-NIW --> the Oath VJ has played a big role in the journey. Even with the coveted GC in hand, I always fantasized about celebrating the Fourth properly. Now I can. I wish happy Fourth to everyone who can share my pleasure now, and to everyone who is still waiting!
  2. She can't fly from Russia to the EU nor to the US, no one can. One can fly to Turkey or maybe Georgia, with the new opening, but with the expired passport that may be complicated. A train to Estonia seems like the most convenient option. As for the US, it may be possible with sponsoring. If she doesn't have anyone in the EU, chances are she could qualify. Best of luck!
  3. That's tough. She can try taking a train to the Estonian border if she can make it to Russia. They should let her in with the expired Ukrainian passport or at least they should let her contact the Ukrainian embassy. Once she's in the EU she can get a new passport and hopefully access to other resources. Best luck to her!
  4. randomstairs

    EB-2 NIW

    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.
  5. Won't be a problem. Explain as you did here in the unlikely case they even ask you.
  6. randomstairs

    EB-2 NIW

    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.
  7. randomstairs

    EB-2 NIW

    They got a lawyer who charged them for an unwinnable case. Sad.
  8. Probably. But that's hard to know, which is the point of the exploration component. Add some randomness within the tolerance of your system and the robustness will increase.
  9. randomstairs

    EB-2 NIW

    1. That's why a good lawyer wouldn't take your case. They wouldn't take your money either. 2. Yes, having a masters would help, but it's the absolute minimum. A PhD would put you at a starting line. 3. You can't if facts on the ground don't support your case. Study more, accomplish more, become a name in your field, and try again. No limit to the number of times you can apply, other than your bank account.
  10. In Machine Learning and other fields this problem is called "exploration vs exploitation." The F1 visas are closer to a local optimum but the DV adds the necessary variability to make sure we don't get stuck in it.
  11. randomstairs

    EB-2 NIW

    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!
  12. randomstairs

    EB-2 NIW

    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.
  13. 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!
  14. 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.
  15. 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.
  16. Bring those documents and print out what @Jeanne Adil suggested. Or, if it's not too inconvenient, go to another DMV.
  17. Then there should be no issues at all. They can't travel directly from Russia to the EU though.
  18. With a Schengen visa they can enter Poland from Germany or any other Schengen member-state. There are no passport checks between Germany and Poland. Do they have a Schengen visa? Do they have a travel plan to Germany?
  19. 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.
  20. 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
  21. If the wife is a US citizen she would have to file taxes herself, or file jointly. The daughters will also have to file taxes when they are no longer the dependents (19 or 24 years of age).
  22. 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)...
  23. 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?
  24. 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.
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