Self-petition and consular processing

S

Senthil Kumar

Registered Users (C)
Just got done with consular processing for my GC.

I was the only person in the petition (no dependents etc) (EB-1/EA)

1. No need for I-134 or I-864 etc
2. Need notarized letter from employer
3. Did not sign anything saying that I will be with the employer after
   I return to the US. Not sure if this is for everyone in Bombay
   consulate or just something they did not ask me to do. I had my
   interview on April 20/2001
 
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Congratulations Senthil!
Can you please tell us how long the whole process of CP took for you (after the I-140 approval)?
Thanks so much!
 
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A quick questoin. My case is EB2 NIW and it is a self petition. I do not have a permanent job position. I am working as a PostDoc at university. I am going for CP in Chennai. Do I need a employment letter? (notarized)
 
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Why do you think you would not ?

My understanding is that the notarized offer for employement
is used in lieu of the I-134 for the primary applicant.

Get the notarized letter.
 
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Hello

My NIW application was approved in NSC. However, the RFE was issued to the simultaneous EB-EA petition. Would some experts advise me the advantage of EB-EA over NIW? My lawyer suggested me not to respond the RFE but go ahead with the NIW. What should I do? Any suggestion will be highly appreciated.

Bajie
 
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Hi, I am a little confused too. Per my attorney, EB1-EA does not require the employer\'s letter if the petitioner is yourself. I filed I-485 (AOS) based on EB1-EA without a company letter. Any difference b/w AOS and CP? In your case, was the petitioner yourself? Thanks!
 
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I would not bother with the RFE either because the priority dates
are current for EB-2 these days. There is no special treatment
for EB-1 vs. EB-2 for the rest of the GC process.

Go ahead with the NIW.
 
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I was the petitioner in my case.

I don\'t really have an opinion either way (if letter is required
or not), however in my case (CP) the consulate folks asked for the
letter, and I dutifully handed it to them.
 
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I was wondering if anyone could answer some of my questions regarding my GC application (I140 applied in March 2001)-EB1 category-self petition-1. Will it take 6-8 months to get the I140 and then another 16 months before I get the I 485 and can work independently only 6 months after that?2. If that is the case-then its taking as long as a EB2 application -and somehow this does not seem right. 3. When can I start consulting with other companies 4. Will consular processing help expedite the process? If so- can I start a new job or consult as soon as that process is completed?
 
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Hi, my understanding is that the biggest advantage of EB1-EA is you are not bound to the employer. You can change job anytime during the whole process, even in I-140 stage, provided you remain in the same field. CP will help to expedite the process in general. But recently, AOS is also very fast for some cases. It is more like individual dependent. For more precise info, please consult an attorney. This is not a legal advice. Good luck!
 
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humbleman is correct. From recent posts it appears that this
independence of employer is ALSO true for the cases when the
employer is the petitioner.

Mine was a self-petition and I changed my employer (once) in the
middle of my I-140 process.
 
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Quick question.

Does the time for 140 processing depend on the category. Do EB1 cases get approved faster than the 2 and 3 categories? Thank you
 
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I am self-petitioner for EB1/EA. A few days ago, I was asked for REF. Since I didn\'t hire a lawyer, I can\'t cite the content in the recommendation letter as the supporting evidence in my cover letter. I am worried that a cover letter without citation may be weak. Can I open the recommendation letters and used some of the comments for writing the cover letter. Thanks if you response.
 
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thanks for the info- also- could you give me the approximate time format for EB1-say I 140 485 etc- I applied in March 2001-or does the time vary with individual applications?
 
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I am not sure why you feel you cannot open the recommendation
letters. Recommendation letters for I-140 purposes are not
meant to be sealed. Open them up and quote from them to
your heart\'s content.
 
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Hi, Senthil,

Thank you very much for your message. I\'d like to you if you also applied by yourself without a lawyer. I assume that it\'s OK for the third party to open the recommendation letter, but I am not sure if the INS will doubt the credit of the letter if I open them. If you did the same way, then there shouldn\'t have any trouble. It\'ll be much easier for me to write the cover letter if I can quote the letter. Your response is highly appreciated.
 
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yukang, I used a lawyer to do the self-petition. However, there is
no difference as far as the INS is concerned if you use a lawyer or
do it yourself.

I would go ahead and open them up.
 
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I have filed I-140 under EB-1 category. I just received a letter of RFE from INS asking to provide evidence that I have sustained national or international acclaim and my achievements have been recognized. I think that my petition meets all the requirements they are looking for. I have a PhD in structural engineering. I have 12 papers published in journals and conference publication. I have reviewed other researchers\' work for publication. My attorney thinks that my petition was complete in all respects.

I would deeply appreciate your help in providing me some valuable suggestions to tackle this situation.
 
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