Pork and others

O

orca

Registered Users (C)
Pork, Here's my story: I got approved for my EB1-OR after two RFE's, first asking for the employment offer letter from the University, and the second specifically asking whether the job was a post-doc (it was!) or permanent position. I felt I was on the verge of being denied and beat around the bush regarding the permanence of the job. I wrote them a massive missive, and they approved the 140 after quite a delay. Unfortunately, this was only the beginning of my miseries, since my project funding ran out and I had to find a "similar" position elsewhere (different state and Service Centers), but past 200 days. Now, I'm positive I'll get an RFE asking for the "permanence" (gasp!) of my current job (this, by the way, is also a post-doc, but a better title and salary). However, my employer doesn't wish to mention that word in their offer letter or their letter to BCIS. They are willing to state words such as "continuously renewable based upon available funding and mutual interest." Do you personally feel this will be enough to please those BCIS guys? If it could be shown as a permanent job, what should the wording be on the offer letter, or on the letter to BCIS - like, "your employment will begin ..., on a permanent basis, " or, "his employment with ... Univ is on a permanent basis?" Doesn't that sound (and smell) fishy, and made-up (cooked)?

Thanks a ton for your esteemed advice. -Orcina orca
 
wouldn't do at all to have it all drown in a morass of semantics, would it? what they are willing to give in writing ("...based upon available funding and mutual interest...") seems to insunuate an element of conditionality, whereas a BCIS adjudicator would be looking for more clear-cut verbage.

on the whole, you might be better served by anything with "...on a permanent basis...", even if it does sound fishy, never mind its smell.

as most lawyers attest, the quality of documentation can make or break a case (as only in a bureaucrat's universe, reality is what exists on paper). so, if one could possibly pander to their preconceived notions, one jolly well should (the time-honored and admirable philosophy of "kiss-ass").

the trick is to get your employer to cough up.

just my ha'p'orth.

P.S. i had replied to your last post, and somehow my comments veered towards the folk rock protest music genre, and i had posted a url for some mp3 downloads. i wonder if you chanced upon it? just in case, here is a link to the post: http://boards.immigration.com/showthread.php?threadid=80772
 
what does it hurt for the employer to write

that the employment is permanent? immigration comes back to check ? (actually this question is similar to the post that I saw a couple of days ago which was recommending to stay with the employer for a year after the approval). what is true and how far?
 
Well, thanks a bunch - I'll try live with the odor (as it happens, I love fish) and get the word "permanent" stuck to the offer letter with crazy-glue, if I can.

Incidentally, does BCIS need the original offer letter IN ADDITION to the AC21 letter by the new employer - since it's a University position, it'll be close to impossible to get the word there in the original offer letter. The only permanent jobs in academia are the tenure-track ones, and even they too are quasi-permanent?

Is it also advisable to have a letter sent from the old employer bolstering my position by simply stating that I was in the old job for over 180 days?

I did read some of the lyrics on the URL, and especially liked the "hail to the chief" one; however, my computer's having problem playing them, so I'm still tryng to find other means. Interestingly, one of my friends who's trying to come up with an NIW petition, is obsessed with such am-Bush-ed rhetorics - so it was a real treat for him! I'll let you know as soon as I get to listen to the songs in full.

Thanks again...

(P.S.: What is this permanence thing anyways, since everything is really transient, including the universe - and of course, more down to earth, even INS wasn't permanent for crying out loud!)
 
"Is it also advisable to have a letter sent from the old employer bolstering my position by simply stating that I was in the old job for over 180 days?" The 180 day rule applies to the time elapsed from the day the INS received your AOS petition. You can easily establish this by attaching a copy of your receipt notice.

It is rather interesting that INS has asked for evidence of permanent employment in your case. To my knowledge, cases based on executive transfers by multinationals and applications by academic/research institutions based on outstanding researcher category are the only ones that require employer sponsorship and consequently a permanent proferred position. EB1 cases approved on the basis of an NIW waiver or outstanding ability (different from outstanding researcher) are not predicated on permanent employment. In fact these cases do not even need a sponsoring employer, let alone a proferred position. All you need to establish is the fact that you do indeed meet the standard laid down in the rules for a person of outstanding ability, or in NIW cases, that you continue to work in the area based on which the I-140 is approved. While the INS has some discretion in rule making to implement the law, they obviously cannot act in a manner that would be inconsistent with the statute. A good lawyer should be able to help if you do not have one already.
 
one of the things that i have learned dealing with the genus Bureaucratus, and especially its species immigraris, is that you don't want to give them too much information. if you give B. immigraris something unsolicited, their brains start twitching, and they can turn on you and attack you.

by all means, if your former employer is willing to give you a letter that can establish the length of your tenure, do get it, and use it if you feel the situation warrants it. however, as the other gentleman has suggested, the RD of your i485 is quite sufficient to establish that 180+ have elapsed since; especially when you consider that, for AC-21 portability to become available, your i485 must have remained unadjudicated for >180 days, regardless of when you changed employers.

the crux of the matter is to get your present employer to give you something that you can actually use. i don't know how intransigent they could prove to be, and if they are going to dig their heels in, like balaam's ass, then you will just have to do the best you can.

of course in this scenario, enlisting the aid of a well-trained Advocatus immigraris would be definitely recommended!

P.S. the lyrics sound much funnier when you hear the songs.
 
Sankrityayan:

My case IS actually an EB1-OR, so the BCIS has every right to ask for the employment verification, I guess.

>"Is it also advisable to have a letter sent from the old employer >bolstering my position by simply stating that I was in the old job >for over 180 days?" The 180 day rule applies to the time >elapsed from the day the INS received your AOS petition. You >can easily establish this by attaching a copy of your receipt >notice.

I was simply hoping to convince them that I was a ACTUALLY working for 180 days. It might not matter a lot for AC21 purposes, but I've heard a few cases where the BCIS have created a fuss for leaving the employer BEFORE 180 (even though the applications were unadjudicated).

Pork:

>one of the things that i have learned dealing with the genus >Bureaucratus, and especially its species immigraris, is that you >don't want to give them too much information. if you give B. >immigraris something unsolicited, their brains start twitching, >and they can turn on you and attack you.

The reason I have named myself on this board like I have, is because, as you might know, Orcina orca is the scientific name for the critically endangered 'killer' whale (not killers at all, btw). The Bureaucrati are too powerful, and as I explained above, proven predators for species stronger than the meek orcas. Of course, since I don't have the advice of the Advocati with me, this might not be a bad time to raise my shields to ward off the predatory tactics of the Bureaucrati.

On a different note, I honestly think that for an academic position (i.e., non-tenured) like mine, 'permanent' sounds a bit funny, especially on the original 'offer letter': "Your appointment with the University is permanent, based upon mutual interests..." Where is the handkerchief when you need it?

>P.S. the lyrics sound much funnier when you hear the songs.

WOW! The songs are exquisite. I just couldn't believe that our honorable Mr. President uttered those words. Hail His Majesty!
 
My mistake, sorry; I guess I did not notice the OR in EB1-OR in your post when I was composing my reply.

Separately, as a matter of idle curiosity, How did the Orcas get the 'Killer Whale' epithet?
 
Sankrityayan

Orcas have had the reputation for fierce killers until quite recently. The term "killer whale" comes from 18th century whalers who saw orcas feeding on other whales and dolphins (which they do - even on blue whales). But the term "killer" obviously doesn't do these innocuous, sociable and highly intelligent beings justice at all - they are, like most other animals, evidently less of killers than a lot amongst us.
 
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