EB1-EA approved by CSC!

L

logicators

Registered Users (C)
Received an status update e-mail this morning communicating the good news!

RD: September 8, 2003
RFE: 10/22/2004
RFE Response received by CSC: 1/19/2005 (was overnight mailed on 1/13)
EB1-EA approved: 2/10/2005

Selected CP in Montreal, if any of you have done that at Montreal, please share your experiences.

I would like to acknowledge that I used Jim Mills as lawyer and he was very helpful.

Have to run for a meeting and will update this post with my credentials later (claimed EA as a software engr, no publications)
 
CP = Counselor Processing (Instead of applying for 485, you could go out of country and get your immigrant visa stamped from a US embassy)

Back to my case:

I claimed 4 points

1) National level award: Won 5 prizes in 5 years (3 first, 2 second) in my country's top, government organized software competition. One of them was in the student category and the others were in professional category

2) "Evidence of the display of the alien's work in the field at artistic exhibitions or showcases": All the above competitions were exhibitions as well. Unfortunately, USCIS does seem to consider this criteria for sciences

3) "Published material about the alien in professional or major trade publications or other major media": My country's largest newspaper published a 1/4 mewspaper page interview of mine back in 1998. Also attached news clips from several newspapers reporting the prizes I won for specific competitions

4) Leading or critical role: Worked as technical lead at a successful startup back in 2000 which was acquired for big bucks, also worked as a core member of technical team (critical role) on a leading EAI product at one of the leading EAI companies. The product was a huge success (I am no longer with them) and won a few product of the year awards

In the RFE, they suspected that my awards are academic and are made by a university for its students, which was fairly easy to prove otherwise. The also questioned how material published about me distinguishes me from others in the field (and that I belong to the very top of my field). I attached circulation numbers of the newspaper that published my interview and proved that it has an impact factor greater than NY Times (with physical circulation numbers comparable to NY times). I also added more details (and a new letter from my previous employer) about my leading / critical role. Finally, I attached a letter from my current employer stating the importance of my position (and the fact that I am directly responsible for a large team and holding the most critical technical position in the compay)

That's about it! A whole bunch of people (including several lawyers) discouraged me saying that EB1-EA is for people holding PhDs blah blah but I decided to try my luck and it worked :)

logicators
 
One more point regarding last criteria: In the RFE response, I attached evidence (from Dice and Monster) that my work has generated numerous jobs for US workers (job postings requiring knowledge about the product I worked on as core skill)
 
logicators said:
Received an status update e-mail this morning communicating the good news!

RD: September 8, 2003
RFE: 10/22/2004
RFE Response received by CSC: 1/19/2005 (was overnight mailed on 1/13)
EB1-EA approved: 2/10/2005

Selected CP in Montreal, if any of you have done that at Montreal, please share your experiences.

I would like to acknowledge that I used Jim Mills as lawyer and he was very helpful.

Have to run for a meeting and will update this post with my credentials later (claimed EA as a software engr, no publications)
Click to expand...

Congratulations! Must feel good. I did CP in Montreal, albeit in 2002. What do you want to know?

Brian
 
It feels awesome. Its already more than 5 years since I am in the US. And employer sponsered labor certifications are just not working for me. I had one LC approved back in 2000 but had to move to CA with the same company because of its acquisition. I waited about 3 years for my new LC to approve until it was impossible to stay with my employer. Finally, my current employer also filed a LC for me which is still with SESA and I know that it will take years to approve, after the new FIFO policy implemented by backlog reduction centers. I am glad that I don't have to wait any more.

Regarding CP in Montreal, I would like to know if I need to obtain a police clearence from Canada (I am a landed Canadian immigrant but never lived there). Also, if I need to obtain an FBI clearence at my own (or NVC will take care of it). Finally, I appreciate if I someone can provide me a list of documents that need to be attached with packet 3 so I could start arranging them and can also give me an idea about the time its currently taking to complete the CP process after I-140 approval (I am trying to find it in the Montreal CP tracker, but it seems to vary greatly).

Thanks in advance!
logicators
 
logicators said:
Regarding CP in Montreal, I would like to know if I need to obtain a police clearence from Canada (I am a landed Canadian immigrant but never lived there). Also, if I need to obtain an FBI clearence at my own (or NVC will take care of it). Finally, I appreciate if I someone can provide me a list of documents that need to be attached with packet 3 so I could start arranging them and can also give me an idea about the time its currently taking to complete the CP process after I-140 approval (I am trying to find it in the Montreal CP tracker, but it seems to vary greatly).

Thanks in advance!
logicators
Click to expand...

I just went back to the Montreal CP tracker and surprised to see the same thread is still active from 2002. This page has a couple of posts by me made post-interview:

http://www.immigrationportal.com/showthread.php?t=5158&page=15&pp=15

Frankly, I do know that a lot of the documentation requirements have changed dramatically since 2002, so I won't even try to go there.

However, I do believe that since Canada currently considers you to be a resident, it would be a good idea to get RCMP clearance. The NVC does take care of this in the US.

Good luck,

Brian
 
Just received a copy of my I-140 approval notice. It says that:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for the adjustment of status. He or she should contact the local INS office to obtain form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application, with appropriate fee, to this service center. Additional information about eligibility for adjustment of status may be obtained from the local INS office serving the area where he or she lives, or by calling XXXXXXX

If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file form I-824............"

I am confused. I selected CP in Montreal on the I-140 form and it sounds like they they think that I will apply for 485. Did someone else experience the same?

Also, the original I-140 was approved by CSC and I changed employers and moved to a state served by VSC during the process (I notified them as part of the RFE response) so if I decide to file AOS instead of correcting them, can I file in CSC or I have to file in the VSC. The reason I am asking is because CSC is currently taking about 8 months and its virtually same as the CP.

Any response is appreciated!
logicators
 
logicators said:
Just received a copy of my I-140 approval notice. It says that:

"The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the United States and will apply for the adjustment of status. He or she should contact the local INS office to obtain form I-485, Application for Permanent Residence. A copy of this notice should be submitted with the application, with appropriate fee, to this service center. Additional information about eligibility for adjustment of status may be obtained from the local INS office serving the area where he or she lives, or by calling XXXXXXX

If the person for whom you are petitioning decides to apply for a visa outside the United States based on this petition, the petitioner should file form I-824............"

I am confused. I selected CP in Montreal on the I-140 form and it sounds like they they think that I will apply for 485. Did someone else experience the same?

Also, the original I-140 was approved by CSC and I changed employers and moved to a state served by VSC during the process (I notified them as part of the RFE response) so if I decide to file AOS instead of correcting them, can I file in CSC or I have to file in the VSC. The reason I am asking is because CSC is currently taking about 8 months and its virtually same as the CP.

Any response is appreciated!
logicators
Click to expand...

Typical INS/USCIS screwup on the CP. It happens way too often. This happened to my NIW approval. Since they got it right on my EA, I just forgot about it. I think you have to file with VSC.

Brian
 
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