Sincerely request suggestion for EB-1A application

yclin00

Registered Users (C)
Dear All,

I am working on my EB-1A application. Everything is
almost done to date. I have a few questions need your
experienced suggestions.

(1) I am abroad of US and I need to stay in my country
until Oct. 2008. It means that I can not leave
my country before that time. Should I apply
P.P. for my EB-1A application? How much time
does the INS take to review my case if I can apply
it before the end of June?

(2) If the case can be approved very soon, how much
time does the following process including of
interview or fingerprint handout or background
check?

(3) How much time do I have after the Green Card
is approved? I mean, if the GC is approved
in Jan. 2008, when is the deadline that I need to
go to USA?

(4) Finally, I posted my credentials here. I would like
to have your evaluation or any kind suggestion
for my petition.

MS/Ph.D. in Electrical Engineering
2 issued patent (one is US)
10 journal paper, 15 conference paper, 3 invited talk
More than 25 citations including Patents, Journals,
and Conferences.
Reviewer for 2 International Journals
Program Committee for 3 International Conferences
6 recommendation letters (2 independent, 5 in US,
1 from Euro)
National Thesis Awards
Honor member of Phi Tau Phi Society



Thanks for your answering.


Sincerely,
Vince
 
Dear All,

I am working on my EB-1A application. Everything is
almost done to date. I have a few questions need your
experienced suggestions.

(1) I am abroad of US and I need to stay in my country
until Oct. 2008. It means that I can not leave
my country before that time. Should I apply
P.P. for my EB-1A application? How much time
does the INS take to review my case if I can apply
it before the end of June?

(2) If the case can be approved very soon, how much
time does the following process including of
interview or fingerprint handout or background
check?

(3) How much time do I have after the Green Card
is approved? I mean, if the GC is approved
in Jan. 2008, when is the deadline that I need to
go to USA?

(4) Finally, I posted my credentials here. I would like
to have your evaluation or any kind suggestion
for my petition.

MS/Ph.D. in Electrical Engineering
2 issued patent (one is US)
10 journal paper, 15 conference paper, 3 invited talk
More than 25 citations including Patents, Journals,
and Conferences.
Reviewer for 2 International Journals
Program Committee for 3 International Conferences
6 recommendation letters (2 independent, 5 in US,
1 from Euro)
National Thesis Awards
Honor member of Phi Tau Phi Society



Thanks for your answering.


Sincerely,
Vince

This is what I have heard about PP. If you do PP a senior person reviews your case and sometimes denies it. A regular processing sometimes sails through easily. Some of my friends tried PP and they failed. They refiled the same application after advice from lawyers, and one of them got an approval on the exact same application without RFE. Other 2 friend's are pending.
 
Whoa - step back a minute. When you say in point #3 "How much time do I have after the Green Card is approved?", you do realize that you cannot apply for a green card while you are outside the US, right? You can file the I-140 (Eb-1a) petition, though.

I won't comment about your credentials because it's been a pretty random process and it also has to do with how well-presented (and convincing) your petition is. As for processing times, since your case will be mailed to the Nebraska service center (and may or may not be forwarded from there to the Texas service center), see the processing times for these two centers. I believe Texas ~ 6 months whereas Nebraska is about 11 months.

Having said that, you are talking about having your "green card" approved before you come to the US. You do realize that the I-140 (EB1-a) petition is separate from the actual green card application. The I-140 petition is adjudicated on the merits of your case, and it's approval will grant you eligibility to apply for a green card (form I-485). In certain cases, you can file I-485 concurrently with the I-140 petition so that if, and only if, the petition is approved, then the I-485 application is adjudicated.

Now - why do I say "whoa" at the beginning of this post: Because I got the impression that you are planning to apply for a green card (the I-485) with your I-140 from outside the US. You cannot do that. If I'm wrong, sorry I misunderstood, but your only route if the I-140 petition is approved is consular processing. If your I-140 is approved, the case will be forwarded to the National Visa Center which will then tell you how to go about getting your immigrant visa from your consulate (and this is the step where security clearances, etc, come in), a process which can take a while. Just want to make sure you understand that. Once you are granted an immigrant visa, you have 6 months to land in the US. Once you are in the US, the green card will be mailed to your address.
 
Last edited by a moderator:
Dear All,

I am working on my EB-1A application. Everything is
almost done to date. I have a few questions need your
experienced suggestions.

(1) I am abroad of US and I need to stay in my country
until Oct. 2008. It means that I can not leave
my country before that time. Should I apply
P.P. for my EB-1A application? How much time
does the INS take to review my case if I can apply
it before the end of June?

INS will take few months before they will take decision if you don't do the PP. In your case PP is not advisable

(2) If the case can be approved very soon, how much
time does the following process including of
interview or fingerprint handout or background
check?
You can't file for I485 because ou are out side of US. File for consular processing. That usually is faster because name check is not done by FBI. You need to submit the police reports from your contry.

(3) How much time do I have after the Green Card
is approved? I mean, if the GC is approved
in Jan. 2008, when is the deadline that I need to
go to USA?
Once you get Immigrant visa from consulate you have 180 day to enter US. So probably you will be fine.

(4) Finally, I posted my credentials here. I would like
to have your evaluation or any kind suggestion
for my petition.

MS/Ph.D. in Electrical Engineering
2 issued patent (one is US)
10 journal paper, 15 conference paper, 3 invited talk
More than 25 citations including Patents, Journals,
and Conferences.
Reviewer for 2 International Journals
Program Committee for 3 International Conferences
6 recommendation letters (2 independent, 5 in US,
1 from Euro)
National Thesis Awards
Honor member of Phi Tau Phi Society



Thanks for your answering.


Sincerely,
Vince

I replied few of your questions in red.
 
I replied few of your questions in red.

Keep in mind that, if the reason you have to stay abroad has to do with a US foreign residency requirement (e.g. you were on a J visa with the 2 year HRR), you may be ineligible for an immigrant visa until after your 2 years are up.
 
Keep in mind that, if the reason you have to stay abroad has to do with a US foreign residency requirement (e.g. you were on a J visa with the 2 year HRR), you may be ineligible for an immigrant visa until after your 2 years are up.

I agree with you.
 
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