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quick question about EB1-EA
- Thread starter redhead
- Start date
leroythelion
Registered Users (C)
Originally posted by redhead
Hi
I am under EB1-EA category. RD 11/28/01, ND 12/13/01
EAD renewed on 1/7/03.
i have lost my job on 11/15/02. i should have something by the end of this month or in Feb. my question is do i need to have a job offer in case of RFE before i sign on a new offer.
You don't need a job offer for EB-1 EA.
Brian
Brian:
Thanks. I was wondering as to what are the issues for which i need to worry about at this stage.
category: EB1-EA (employer filed for petition)
RD: 11/28/01
ND: 12/13/01
EAD renewed: Jan 7/03
lost job in Nov. Hopefully should get something by end of this month/feb.
Thanks. I was wondering as to what are the issues for which i need to worry about at this stage.
category: EB1-EA (employer filed for petition)
RD: 11/28/01
ND: 12/13/01
EAD renewed: Jan 7/03
lost job in Nov. Hopefully should get something by end of this month/feb.
leroythelion
Registered Users (C)
Originally posted by redhead
Brian:
Thanks. I was wondering as to what are the issues for which i need to worry about at this stage.
category: EB1-EA (employer filed for petition)
Whoa! This is serious. Are you sure your petition is not EB-1 OR? EA is not usually sponsored by the company.
Brian
it is under EB1-EA. and not EB1-OR.
but it was filed by the lawyers of the firm. how do I find out if it is self-petitioned or employer's petitioned.
On the client copy of the petition, it says, EB1-EA by "firm's name" on behalf of "alien's name ie my name".
thanks for your insight.
but it was filed by the lawyers of the firm. how do I find out if it is self-petitioned or employer's petitioned.
On the client copy of the petition, it says, EB1-EA by "firm's name" on behalf of "alien's name ie my name".
thanks for your insight.
Last edited by a moderator:
leroythelion
Registered Users (C)
Originally posted by redhead
it is under EB1-EA. and not EB1-OR.
but it was filed by the lawyers of the firm. how do I find out if it is self-petitioned or employer's petitioned.
On the client copy of the petition, it says, EB1-EA by "firm's name" on behalf of "alien's name ie my name".
thanks for your insight.
It looks like your company has sponsored you. Why they would go EA over OR (which has a lower threshold than EA) is beyond me, unless there are reasons specific to your case. I would call that lawyer ASAP to find out what your status is. If the company has no intention of hiring you once the petition is adjucated, it may be invalid.
Brian
Brian:
even i am not sure why the firm went for EA and not OR. But why will the petition be invalid once it is adjudicated. i was working with the firm and filed for permanent residence. Lawyers did a wonderful job for my petition. ( at that time i did not know the different between EA and OR). My I-140 got approved within 2 months.
I did talk to my lawyer and he suggests that I should have a job with me, in case of RFE. My question was to clarify that ie whether I need a job offer or not. The literature all over the net suggests that EB1-EA does not need a job offer.
In your opinion, does the EB1-EA cases are all self-petitioned or can it be employer petitioned also. my understanding is it can be both. what do you think?
even i am not sure why the firm went for EA and not OR. But why will the petition be invalid once it is adjudicated. i was working with the firm and filed for permanent residence. Lawyers did a wonderful job for my petition. ( at that time i did not know the different between EA and OR). My I-140 got approved within 2 months.
I did talk to my lawyer and he suggests that I should have a job with me, in case of RFE. My question was to clarify that ie whether I need a job offer or not. The literature all over the net suggests that EB1-EA does not need a job offer.
In your opinion, does the EB1-EA cases are all self-petitioned or can it be employer petitioned also. my understanding is it can be both. what do you think?
leroythelion
Registered Users (C)
Originally posted by redhead
Brian:
I did talk to my lawyer and he suggests that I should have a job with me, in case of RFE. My question was to clarify that ie whether I need a job offer or not. The literature all over the net suggests that EB1-EA does not need a job offer.
In your opinion, does the EB1-EA cases are all self-petitioned or can it be employer petitioned also. my understanding is it can be both. what do you think?
Your best bet is to follow the advice of your attorney. He knows all the facts of your case. It is true that a job offer is not necessary for EB-1 EA. That being said, I was asked for an employment letter at my CP interview. Since I had one on hand, I did not argue the finer points of this issue. Good luck,
Brian
It seems like wrong if your empolyer .....
"While the EB-1 worker of extraordinary ability MAY petition for himself or herself,
the employer MUST file the petition for an outstanding professor or researcher and a multinational executive or manager." Ref. I140 instruction.
Talk with a good lawyer like Jim asap.
"While the EB-1 worker of extraordinary ability MAY petition for himself or herself,
the employer MUST file the petition for an outstanding professor or researcher and a multinational executive or manager." Ref. I140 instruction.
Talk with a good lawyer like Jim asap.
Why the Employment letter
> That being said, I was asked for an employment letter at my CP > interview. Since I had one on hand, I did not argue the finer
> points of this issue.
And quite appropriately.
Completely regardless of the underlying basis establishing
an immigrant visa eligibility, any immigrant must demonstrate
that he is able of supporting himself and dependents, if any, in the US, and would not likely become a "public charge".
The most common (though not the only) means by which EB immigrants demonstrate this is a continued US employment. Aside from that, EA immigrants are required to "intend to continue practicing in the field of endeavor in which their extraordinary ability is recognized". On occasion, INS has
construed a failure to keep a job in the field as contravening this requirement.
> That being said, I was asked for an employment letter at my CP > interview. Since I had one on hand, I did not argue the finer
> points of this issue.
And quite appropriately.
Completely regardless of the underlying basis establishing
an immigrant visa eligibility, any immigrant must demonstrate
that he is able of supporting himself and dependents, if any, in the US, and would not likely become a "public charge".
The most common (though not the only) means by which EB immigrants demonstrate this is a continued US employment. Aside from that, EA immigrants are required to "intend to continue practicing in the field of endeavor in which their extraordinary ability is recognized". On occasion, INS has
construed a failure to keep a job in the field as contravening this requirement.
Thanks. I do intend to work in the same area. also, i understand the issue of "public charge", and hence the employment issue.
let us see how it goes. my fingers are crossed. my RD is in NOv 2001. so, within next 2 months, i am hoping some sort of activity on this.
let us see how it goes. my fingers are crossed. my RD is in NOv 2001. so, within next 2 months, i am hoping some sort of activity on this.
There is no requirement for a job offer for an EB-1EA. Recent employment in the field of extraordinary ability shows an intent to work in that field. If there was a very long period of unemployment the potential for problems increases over time.
How to respond to an RFE depends on exactly what the RFE asks. It's very difficult to say how to respond prior to seeing the RFE. It seems unlikely that INS would even question employment since it is not a requirement.
How to respond to an RFE depends on exactly what the RFE asks. It's very difficult to say how to respond prior to seeing the RFE. It seems unlikely that INS would even question employment since it is not a requirement.