Can self petition for EB1 OR

T

tree72

Registered Users (C)
I have employment verfication letter to justify my permanent employment as researcher in University, but my University will not file petition for me. Can I do self-petition for EB1 outstanding research? I am thinking DIY, too. Is that possible?

Thanks!
 
No. Only the University can petition for EB1-OR. You can try EB2-NIW yourself, but most people recommend that you get a lawyer.
 
If someone did that they were lucky. In the instructions for I-140 it clearly states you cannot. You can do EB1-EA if you want. not OR.
 
if you get letter from ur university, and a supporting letter from them, i think u shud be able to file EB1-OR thru' an outside lawyer - not sure whether it is called self petition. i know a friend of mine who did thru' an outside lawyer on EB1-OR
 
No, you can't. I tried. The University MUST be the petitioner. You can certainly do it yourself, but the University must in the end sign the petition. You can get a lawyer, pay for the lawyer, and the University can agree to be represented by the lawyer, but in the end the University must petition for you, and they must sign the petition. The Executive Vice Chancellor's office is usually in charge for these approvals. Its easy if you are tenure-track faculty, but often difficult if you are not.
 
I do have a support letter from my Department head. He express that he strognly endorse my application and claim that I am important componet of the dept. But the letter is actually a reference letter. Is that enough?
Does the Dept. has to sign the I-140 and the petition letter?
 
tree72 said:
I do have a support letter from my Department head. He express that he strognly endorse my application and claim that I am important componet of the dept. But the letter is actually a reference letter. Is that enough?
Does the Dept. has to sign the I-140 and the petition letter?
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As I understand, the employer has to be the petitioner- which means they have to file it on behalf of you. The department has to sign the I-140. I am not sure about the petition letter. An employment letter from the department alone will not qualify. Consider this as something like your H1, where the employer files the petition for you.
 
nscagony hit the nail right on the head. Who writes the petition, who pays for it, who recommends it etc doesnt matter. In the end university/national lab has to sign it (i.e say they are the petitioners) to do this.

nscagony said:
No, you can't. I tried. The University MUST be the petitioner. You can certainly do it yourself, but the University must in the end sign the petition. You can get a lawyer, pay for the lawyer, and the University can agree to be represented by the lawyer, but in the end the University must petition for you, and they must sign the petition. The Executive Vice Chancellor's office is usually in charge for these approvals. Its easy if you are tenure-track faculty, but often difficult if you are not.
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There is one form called G28.
This is important.
"Form G-28, Notice of Entry of Appearance as Attorney or Representative"

Some Univ. will not process your OR application at their own expense (unless you are a tenure track faculty).
In many places postdoc try to apply through this EB1-OR. The univ in such cases will not pay the fees etc. but can allow you to do on your own filing. meaning you can talk to a lawyer who can help you file your case on BEHALF of the univ.
He needs to be an authorized attorney to represent the univ. Not every attorney can represent the univ.
so you find out from your univ. who are all authorized people to represent the univ. and talk to them if they can take your case.
under EB1-EA and EB2-NIW you can self petition.
But for EB1-OR you need univ. to do the job. you basically need an employer who can file this for you. same like LC/EB2.

by the way what are your credentials? if you post it some one here can help you more.
 
Unfortunately, most Universities don't want to petition for anything but tenure track faculty, because they have to certify that you have a permanent position. Most non-faculty positions are funded by soft money, so University don't want to make such a commitment. The postdoc might turn around and sue the University when they lay him off for lack of funding at some point in the future, so many times the University will simply not entertain EB1-OR for postdocs. Try NIW. With solid qualifications its not much harder than EB1-OR and you can do it yourself.
 
I'm a post-doc and my employer filed my EB1-OR application. I went through the University lawyer. I think the case appears more legitimate and appealing if its file through University and University lawyer. That is my sense but I may be wrong...
 
You were one of those lucky post-docs who had university file a petition for you. In some cases, univ do not have a choice but to file - like if you are in your 5th year H1B. Univ have to file to get an extension (someone correct me if I am wrong).
 
In my case, employer was willing to file, but I have to pay to the lawyer. You don't have much choice in selecting the lawyer, you have to go through lawyers who have a contract with the employer. The lawyer wanted $6500.00 ! (just the lawyer fees only). I felt it is day light robbery and decided not to file EB1-OR, and went ahead and filed through EB2/NIW. Of course if my NIW doesn't work out, (and if I don't get a suitable job back in my home country)- I may file through the lawyer with EB1-OR.
 
I also paid from my pocket. But I'm planning to use my EAD for a part time job (though my 140 is not approved yet). I know it could be a risky proposition but I'm assuming that I'd jump to H1 if my 140 is rejected. Does anyone have any idea, can we change to H1 (from EAD), if 140 is rejected. I concurrently filed and still waiting for decision, which might take another year. That is the reason i want to use my EAD to earn back some money that I put in green card application. I'm on J1 now and want to use EAD and thus abondon J1 status. Please suggest is it too risky
 
If you already have the option of getting on H-1b status now, why wait until you get a rejection of your I-140? Get on H status ASAP.... I assume you have your final USCIS J-1 waiver, if applicable.

I know you want to work another job - but the bottom line is that you should evaluate what is more important - staying in your current job and getting on H status now, or using your EAD for 2 jobs and risk not being able to "jump" to H status in time. Remember you can't "jump", you have to apply and wait the standard processing times etc etc. How strong is your EB-1 case? Only you can decide the risks you want to take...
 
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- it is very much possible that the univ/lab needs to sign the application for EB1-OR even if an outside lawyer is filing the petition on your behalf. i don't know the exact details of my friend's case but wudn't be surprised if his employer finally signed
- in my EB1-OR petition sponsored by my employer, i know the attorney filled a G28 form, which was signed by my company's visa officer. i also know that she had to sign the I-140. hopefully, it'll get approved without an RFE
 
jk0274 said:
If you already have the option of getting on H-1b status now, why wait until you get a rejection of your I-140? Get on H status ASAP.... I assume you have your final USCIS J-1 waiver, if applicable.

I know you want to work another job - but the bottom line is that you should evaluate what is more important - staying in your current job and getting on H status now, or using your EAD for 2 jobs and risk not being able to "jump" to H status in time. Remember you can't "jump", you have to apply and wait the standard processing times etc etc. How strong is your EB-1 case? Only you can decide the risks you want to take...
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Hi jk0274,
Firstly I must admit that you are a great help. My sense about my EB1-OR petition is 50-50. But I'm hoping for its approval based on my publications, reviewer capacity of other's work and strong 8 recommendation letters from top scientist of my field.
You are right, I must be patient now and wait for 140 approval before I start using my EAD. Yes I can switch to H1 now but since my wife is working (J2 EAD) in a Pvt company she will lose her job (she will be on H4). IS that possible that I switch to H1 and my wife start using EAD (based on AOS) and then if 140 is denied, she can get back to H4. IS that possible??
Also is it safe to work for me on second job (on EAD) after 140 approval even 485 is pending (considering its an EB1-OR petition)....
Many thanks for your inputs
 
Absolutely! EAD is much less risk for dependents. H4 status is easy to regain. You get the H1 and work on H1 and keep the H1 petition alife. She can switch to EAD and if your I-140 gets rejected you remain in H1 status while she has to leave & get an H4 stamp and come back with that. But since the H1 is bound to you and not her your H1 status remains untouched.
 
Thanks nscagony! Pls answer my second question also..
Is it safe to work for me on second job (on EAD) after 140 approval even 485 is pending (considering its an EB1-OR petition)....
 
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