EB1-OR prior to employment

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vlove

Registered Users (C)
Can my new employer start EB1-OR process prior to actually employing me? In fact, there is a contract stating that I'll joint the university in August. Does the university have to wait until I start working for them?
 
vlove said:
Can my new employer start EB1-OR process prior to actually employing me? In fact, there is a contract stating that I'll joint the university in August. Does the university have to wait until I start working for them?
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EB1-OR need employement letter ...rather permanent job assurance....I believe they shd wait...such letters that you will joing in August can put ur case in trouble............
 
What if it is a tenure-track position contract, offering permanent position? I guess my question is whether or not companies can sponsor you for EB1 prior to the actual date of employment. Currently, I'm on H1B and I'm working for another university but I don't think I'll be able to do I140/I485 because of 180 days rule (non-portability). The appointment starts on August the 10th.
 
Well !! It is employement based category
Basic question...Unless you are employed how can u apply?
since that is permanent position
I assume it will be good/safe for your case to apply after you join in August.
You can take your chances but ...........
Thats my opinion!!! Do they have lawyer? if yes what he has to say?
 
I believe eb1doc is wrong here. Employment-based GC can be petioned by an employer with a job offer and before job start date. Some people actually returns to home country when they get a job offer for expedite processing.

When I got my job offer about 2 yrs ago, the attorney advised my boss to consider EB1 OR instead of O-1 visa that I currently have, because supporting evidence should be the same. My boss didn't want then (many chicken out because they don't have strong confidence in the prospective employees), and now we go through almost the same procedure with the same amount of attorney fee...

If you're on a tenure track, assuming 5-6 yrs of employment is guaranteed, then your employer might as well go straight for OR. It's all up to who your employee is, and the relationship and trust you have with your employeer.

JF
 
Thanks for pointing that out!
I agree it does happen......
most of my opinions here are based on experience of other people.
what i was suggesting here is that its risk!!!
there are always two things ...basic requirements and actual facts.
gentleman here here is having basic requirements.....
Eb1-OR petition is all about your skills/acheivements related to your job....he he can do that ................he can make it ............................but he is filling when he is doing other job!! Back in good old fast days!!One of my chinese friend attempted that while he was working in some other lab and was applying O VISA & EB1 OR. He got RFE explaining employers justification.
 
I am relatively new guy in this forum!
but I am Asst prof with tenure track position.
I was offered position uch before i joined.
i was looking for Eb1-OR option
and guess what!!
our lawyer from University suggested me to join university first and then apply. He suggested me to accumulate letters etc in the mean time......He might be wrong...but this is my first hand experience!!!
 
reddoc: that was my thinking. If I wasn't married, I would probably do what your lawyer suggested. I have my H1B and I will eventually get my GC with OR option. Buy my wife wants to work (she is not in academia). That is making me a bit desperate.

Thanks for your help! I just wanted to know if I140-OR can be filed before the actual employment takes place. (thanks eb1doc again).

I'll be around :) Good luck to you all! (whatever it is you are trying to achieve with INS).
 
Anyone with O-1 approval from USCIS? I have a permanent job offer from a company and I am planning to apply for O-1 since H-1 B cap has already been reached. (got a J-1 waiver recently). How hard is getting O-1 compared to EB-1(b)?
Thanks for your reply.
 
Vlove

I am a tenure track assistant professor and my institute started my EB1 process before I joined. Though my category was EB1-EA not OR.
 
I definitely believe you can start the process now. Everyone has to remember GC is for future work. There is no reason that you have to start the job before you can apply for GC. Actually, you can start to apply now and start the job after you got GC approved, say in a year or two.

Lao-Yi
 
What is USCIS memo dated 6/8/2006?

I saw the following on http://www.aila.org/RecentPosting/RecentPostingList.aspx

6/8/2006
USCIS Memo on "Permanent Offer" for Outstanding Professors and Researchers (.pdf 68 KB) Guidance from Michael Aytes, USCIS Director for Domestic Operations, addressing the definition of "permanent employment" for purposes of EB-1 outstanding professors and researchers.

However, the pdf document is not accessible. Post any info on this please.
 
nanodude,
First of all, the H1B1 visa for advanced degree holders are still available! There are more than 10,000 visa available under this category.
Secondly, the requirements for O-1 visa is somewhat similar to EB1-EA. If you are planning on applying for EB1 in the near future, applying for O-visa would be a good idea so that you can reuse all the evidence you collected for this nonimmigrant visa petition to apply for the immigrant visa. It may take approximately two weeks to collect all the evidences.
You can request premium processing for your O-visa petition and thus, you will know if you will qualify or not in less than two weeks.
 
nanodude,
In addition to my previous post, nonimmigrant visas (including O-visa categry) are typically adjudicated much quicker than the imigration petitions. How easy is a particular category really depends on your qualifications and how lucky you are. A few of us (jollyfella, myself, and possibly a few others) had our entire GC process completed in less than four months.
By the way, my institution filed O-visa for me a few years back and the case was approved in less than 10 days. If the time is the essence, you may want to take the nonimmigrant visa route. If I remember correctly, you were born in India. Hence your priority date is not current and you cannot file I-485 and I-765 immediately. It may take a few months before you can file I-765, and then allow another 30-90 days for this petitionto be approved.
 
Hello 2006gc,
Thank you for the responses. I decided to go for the O-1 visa. I am now searching for a good immig lawyer to make a good case/letter.
Joe
 
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