EB2 NIW - Your experiences

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Old Nov 24th 2016, 3:07 pm
  #31  
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Default Re: EB2 NIW - Your experiences

Originally Posted by bewildering
Did your lawyer mean receiving the appointment letter? Or doing the actual biometrics?
I believe he meant the actual appointment would be in approximately 4-6 weeks.

My husband is adjusting (hopefully) from an O-1A to EB-1A so perhaps our advice does not hold for your friend then if he can come back in using his H-1B.
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Old Nov 24th 2016, 4:59 pm
  #32  
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Default Re: EB2 NIW - Your experiences

Originally Posted by ian-mstm
Nonsense! How on earth would USCIS know whether he travels before or after doing biometrics? Answer = they don't.

Ian
This is exactly what I asked him, but my friend seems convinced. I'll ask were he got his information. Some googling suggests missing your biometrics appointment is a problem.

While this process is ongoing and an alien’s petition is pending, certain actions taken during this time period may lead the USCIS to believe that the alien has abandoned their application. As a general rule, these actions include failure to respond to USCIS requests for evidence (RFE), failure to appear for scheduled interviews, failure to appear for fingerprints/biometrics, and traveling outside the U.S. without an Advanced Parole.

Work and Travel Issues Related to I-485 Adjustment of Status Petitions for H-1B Holders - Specialty Occupation work visa and employment visa Requirements – Attorneys in Silicon Valley, New York, Los Angeles, Chicago, Houston, and Austin
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Old Nov 24th 2016, 4:59 pm
  #33  
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Default Re: EB2 NIW - Your experiences

Originally Posted by Orangepants
I believe he meant the actual appointment would be in approximately 4-6 weeks.

My husband is adjusting (hopefully) from an O-1A to EB-1A so perhaps our advice does not hold for your friend then if he can come back in using his H-1B.
Thanks.
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Old Nov 24th 2016, 9:18 pm
  #34  
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Default Re: EB2 NIW - Your experiences

Originally Posted by bewildering
Some googling suggests missing your biometrics appointment is a problem.
What you likely didn't find, is that you have 12 months between any step of the process before your process is deemed abandoned. The operative word in the section you quoted is "may".

FWIW, if you're going to look for evidence, I suggest you stick to official web sites and not HooYou!

That said, this is your friend's problem... not yours. I suggest you step away from the situation.

Ian
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Old Sep 17th 2017, 1:11 am
  #35  
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Default Re: EB2 NIW - Your experiences

Aaaaaaaaand....Self petitioned NIW for a software engineer (with no citations, no PHD) in the bag!

Just received the approval notice exactly 11 months and 2 weeks after submission. I was expecting it to take far longer.

We did not file concurrently, so now we need to file for adjustment of status and do all the bio-metric stuff. Bye bye H4. Hello EAD!
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Old Sep 17th 2017, 1:19 am
  #36  
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Default Re: EB2 NIW - Your experiences

Originally Posted by sherbert
Aaaaaaaaand....Self petitioned NIW for a software engineer (with no citations, no PHD) in the bag!

Just received the approval notice exactly 11 months and 2 weeks after submission. I was expecting it to take far longer.

We did not file concurrently, so now we need to file for adjustment of status and do all the bio-metric stuff. Bye bye H4. Hello EAD!
Congratulations! It is a wonderful feeling to get those approval notices, even better when you get the little plastic cards
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Old Sep 17th 2017, 12:16 pm
  #37  
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Default Re: EB2 NIW - Your experiences

Originally Posted by sherbert
Aaaaaaaaand....Self petitioned NIW for a software engineer (with no citations, no PHD) in the bag!

Just received the approval notice exactly 11 months and 2 weeks after submission. I was expecting it to take far longer.

We did not file concurrently, so now we need to file for adjustment of status and do all the bio-metric stuff. Bye bye H4. Hello EAD!
Congratulations
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Old Sep 19th 2017, 1:53 am
  #38  
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Default Re: EB2 NIW - Your experiences

Thanks all for the congratulations: it was a lot of effort and a lot of money. I'll be doing the next round of stuff myself to save $$$ on the lawyer's fees. I think I can handle the forms.

Anyone know how long it takes to get the EAD?
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Old Sep 20th 2017, 10:03 pm
  #39  
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Default Re: EB2 NIW - Your experiences

Congrats. We didn't file concurrently. We received our EAD about 2 months after the biometrics.
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Old Oct 17th 2017, 8:53 pm
  #40  
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Default Re: EB2 NIW - Your experiences

Aaaaaaand I-485 and EADs submitted! You can now use the EAD form to apply directly for a SSN. I did not apply for Advanced Parole as a new clause in the instruction states that if you leave the country while your AP is pending, it will be considered abandoned and I will be taking a lot of trips until the end of the year. Fortunately I will maintain H4 for some time...
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