EB2 NIW - Your experiences
Jul 29th 2016, 2:55 am
#16
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Re: EB2 NIW - Your experiences
An update: the lawyer finally got the cover letter written (over a year since we started the process).
And it's 21 pages of sloppy work riddled with grammatical errors, confusion and worse: false and outrageous claims that there is no evidence for. If I was an immigration officer I'd stop reading after the first two paragraphs and shove it straight in the reject pile.
Now I know that I don't understand the process but surely submitting something written in 'chin-glish' is not a good idea.
Arrrgh.
And it's 21 pages of sloppy work riddled with grammatical errors, confusion and worse: false and outrageous claims that there is no evidence for. If I was an immigration officer I'd stop reading after the first two paragraphs and shove it straight in the reject pile.
Now I know that I don't understand the process but surely submitting something written in 'chin-glish' is not a good idea.
Arrrgh.
Last edited by sherbert; Jul 29th 2016 at 3:49 am. Reason: correcting my own grammatical errors :p
Jul 29th 2016, 12:14 pm
#17
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Re: EB2 NIW - Your experiences
The "false and outrageous claims" part may be cause for an ethics complaint against the lawyer.
Is the lawyer a member of AILA?
Is the lawyer a member of AILA?
Jul 29th 2016, 5:19 pm
#18
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Re: EB2 NIW - Your experiences
How do I find out about AILA?
Although I just need to get this thing filed though with or without their help (or hindrance) so not really going to waste time complaining about them.
Have others had non-native English speaking lawyers? I can't believe anyone would produce something so sloppy to be submitted to an official authority. But perhaps I am overthinking it?
Although I just need to get this thing filed though with or without their help (or hindrance) so not really going to waste time complaining about them.
Have others had non-native English speaking lawyers? I can't believe anyone would produce something so sloppy to be submitted to an official authority. But perhaps I am overthinking it?
Jul 29th 2016, 7:07 pm
#20
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Re: EB2 NIW - Your experiences
I think the correct response is 'lmgtfy [dot] com'. Get with the times.
I meant how do I find out if the lawyer is a member of AILA.
I meant how do I find out if the lawyer is a member of AILA.
Jul 29th 2016, 7:15 pm
#21
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Re: EB2 NIW - Your experiences
Jul 29th 2016, 7:23 pm
#22
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Re: EB2 NIW - Your experiences
Thanks. There. Was that so hard. All bark and no bite!
Sep 22nd 2016, 9:25 pm
#23
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Re: EB2 NIW - Your experiences
After 15 months of work, frustration and a lot of $$$ the NIW application was sent off!
We managed to get 10 expert recommendations and the cover letter was about 22 pages.
The package weighed in at 14lbs and over 500 pages (!!!!!!!!!!!!) of sometimes questionable and vague 'evidence' and now we sit and wait for approx. 8 months for a decision.
We decided not to file concurrently for the change of status because a) we did not want to risk a 'denied' on the i-485 in case the NIW petition fails and b) did not want to spend all the money on the biometrics/filing fees for the same reason (plus if the case takes more than a year to approve, the biometrics will need to be redone).
The downside is that I cannot apply for the EAD for several more months.
As you can see we have a lot of faith that this is actually going to work.
Anyone else made progress with NIW?
We managed to get 10 expert recommendations and the cover letter was about 22 pages.
The package weighed in at 14lbs and over 500 pages (!!!!!!!!!!!!) of sometimes questionable and vague 'evidence' and now we sit and wait for approx. 8 months for a decision.
We decided not to file concurrently for the change of status because a) we did not want to risk a 'denied' on the i-485 in case the NIW petition fails and b) did not want to spend all the money on the biometrics/filing fees for the same reason (plus if the case takes more than a year to approve, the biometrics will need to be redone).
The downside is that I cannot apply for the EAD for several more months.
As you can see we have a lot of faith that this is actually going to work.
Anyone else made progress with NIW?
Last edited by sherbert; Sep 22nd 2016 at 9:29 pm. Reason: adding details of letters
Nov 23rd 2016, 5:05 pm
#24
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Re: EB2 NIW - Your experiences
Hey sherbert,
Quick question. How quickly did you get an invitation to do biometrics after sending off your application?
I am asking on behalf of a friend. He sent off his application 2 weeks ago, and he is hoping to go back to Spain for a wedding in the first week of december (coming back january). He says that if he leaves without doing the biometrics then the USCIS consider the application abandoned?
Quick question. How quickly did you get an invitation to do biometrics after sending off your application?
I am asking on behalf of a friend. He sent off his application 2 weeks ago, and he is hoping to go back to Spain for a wedding in the first week of december (coming back january). He says that if he leaves without doing the biometrics then the USCIS consider the application abandoned?
Nov 23rd 2016, 5:12 pm
#25
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Re: EB2 NIW - Your experiences
We did not file concurrently so we are not waiting for an invite to do biometrics. We will wait until the NIW is approved (or not) before filing for the change of status. This way we do not risk a record of denial. I am not sure about the abandonment you mention but I know you are not supposed to leave the country between filing and hearing whether your adjustment has been approved: I personally wouldn't risk it.
Nov 23rd 2016, 5:50 pm
#26
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Re: EB2 NIW - Your experiences
Hey sherbert,
Quick question. How quickly did you get an invitation to do biometrics after sending off your application?
I am asking on behalf of a friend. He sent off his application 2 weeks ago, and he is hoping to go back to Spain for a wedding in the first week of december (coming back january). He says that if he leaves without doing the biometrics then the USCIS consider the application abandoned?
Quick question. How quickly did you get an invitation to do biometrics after sending off your application?
I am asking on behalf of a friend. He sent off his application 2 weeks ago, and he is hoping to go back to Spain for a wedding in the first week of december (coming back january). He says that if he leaves without doing the biometrics then the USCIS consider the application abandoned?
Whilst we have requested AP, lawyer strongly suggested not to use it unless an emergency. We are essentially landlocked and have accepted that fact.
Nov 23rd 2016, 7:51 pm
#27
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Re: EB2 NIW - Your experiences
If you have valid L or H-1 status you can travel while you have an adjustment of status case pending and it won't be deemed to be abandoned.
I have a pending AOS case and am going back to the UK at Christmas which won't be a problem as I have two years of L-2 status remaining.
I have a pending AOS case and am going back to the UK at Christmas which won't be a problem as I have two years of L-2 status remaining.
NOTE: Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document. Your application for adjustment of status generally will not be deemed abandoned, even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following nonimmigrant classifications, and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port-of-entry:
a. An H-1 temporary worker, or H-4 spouse or child of an H-1;
b. An L-1 intracompany transferee, or L-2 spouse or child of an L-1;
c. A K-3 spouse, or K-4 child of a U.S. citizen; or
d. A V-1 spouse, or V-2/V-3 child of a lawful permanent resident.
a. An H-1 temporary worker, or H-4 spouse or child of an H-1;
b. An L-1 intracompany transferee, or L-2 spouse or child of an L-1;
c. A K-3 spouse, or K-4 child of a U.S. citizen; or
d. A V-1 spouse, or V-2/V-3 child of a lawful permanent resident.
Last edited by Olly_; Nov 23rd 2016 at 7:55 pm.
Nov 24th 2016, 2:03 am
#28
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Re: EB2 NIW - Your experiences
Thanks all. He has a H1 visa
From what he tells me. He is hoping to get the letter with the appointment date for the biometrics ASAP. Then he will try to walk-in at the biometrics place before he leaves. According to his information he cannot leave the country until the biometrics is completed or the USCIS considers the application abandoned. This does not make sense to me, but the USCIS rules can be odd.
From what he tells me. He is hoping to get the letter with the appointment date for the biometrics ASAP. Then he will try to walk-in at the biometrics place before he leaves. According to his information he cannot leave the country until the biometrics is completed or the USCIS considers the application abandoned. This does not make sense to me, but the USCIS rules can be odd.
Nov 24th 2016, 2:22 pm
#30
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Re: EB2 NIW - Your experiences