My EB1-OR case--please evaluate

Another similar case:

Because Dr. XXX is the only employee of the petitioning univ who has expressly endorsed this petition, his standing is of immeidate and obvious relevance. IF Dr.
has authority to hire permanent employees, then it should be a simple matter to produce
corroborating documentation from the petitioning univ. If, on the other hand, Dr. does not have the authority to hire permanent employees,
then Dr. cannot personally extend a qualifying offer of permanent employment.

=====================

so you need to take very care of this issue. Anyway, don't worry about that too much as long as you get the necessary authority to have it signed since you have passed other standards.
 
mike_li

Thank you.
Could you tell me where you found the first case(Dr. Bobby R. Phills)? I want to see the details of that case. Could you please give me a link? Thanks again.
 
I got this case which was provided by my friend. I have the file on my computer and I can send you via email.
 
Thank you, mike_li, I appreciate it!
My email is: mimihu1@hotmail.com

BTW, the second case is in the AAO review on the USCIS website. I guess it's the one topew mentioned here. I thought the first case (Dr. Bobby R. Phills) is also in AAO review but couldn't find it.

Originally posted by mike_li
I got this case which was provided by my friend. I have the file on my computer and I can send you via email.
Click to expand...
 
applying as a post-doc is risky?

looks like that applying for GC while as a post-doc is risky -- they can always argue that the nature of the job is not permanent. Permanent job offer: is it a requirement?
 
Re: applying as a post-doc is risky?

Originally posted by retrovirus
looks like that applying for GC while as a post-doc is risky -- they can always argue that the nature of the job is not permanent. Permanent job offer: is it a requirement?
Click to expand...

For OR, yes.

Brian
 
You must have to answer according to your RFE. The language of RFE as stated by you is clear that you need a letter offering you a *permanent position* that was signed prior to the date of your application. It means if you don't have such a formal letter from the hiring authority of your institute, you might have difficulty to rescue your application. Any letter issued or signed after your filing date will not be appropriate for your RFE. If you already received such a letter from the right authority prior to your application, then your case is simple.
 
Originally posted by topew
There is a case very similar to yours in the AAO review on the USCIS website. It is only the university that can hire you. Your HOD or Dean of Academics can not write the letter. It has to come from the Administrative part, ie, human resources, of the university.
Click to expand...

I sorta disagree. In my university job letters are written/signed by Dean of College, there's no contact with HR whatsoever. Moreover even if I were to go there they would not give me the kind letter I need since (among other reasons) the university HR handbook stipulates that all staff appointements are "at-will". In any case I submitted a letter signed by the department Chair and it was accepted just fine. Of course things may have changed since then.
 
Re: applying as a post-doc is risky?

Originally posted by retrovirus
looks like that applying for GC while as a post-doc is risky -- they can always argue that the nature of the job is not permanent.
Click to expand...

That's why people hire attorneys - to argue is their job.

Permanent job offer: is it a requirement?
Click to expand...

Permanent job offer requirement to OR is much like labor certification question to NIW - you need a lot of other things to get approved but this one you absolutely have to answer.
 
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