EB-1
Apr 20th 2003, 6:36 pm
#1
Guest
Posts: n/a
EB-1
Hi all;
I hope someone can give me a qiuck advice on this.
I am planning to file for permanent residency under the EB-1
(extraordinary ability category) and I will do it myself. I am still
putting together the required materials and I have two questions: 1/Do
I file the I-485 alond with the I-140 and 2/ Does it make sense to
wait until October 1, 2003, the new fiscal year--or I can file earlier
without fearing that the numbers will be exhausted and my case will be
put off till the new financial year anyway. I know numbers in this
category are mostly current all the time but still...
Thank you,
KP
I hope someone can give me a qiuck advice on this.
I am planning to file for permanent residency under the EB-1
(extraordinary ability category) and I will do it myself. I am still
putting together the required materials and I have two questions: 1/Do
I file the I-485 alond with the I-140 and 2/ Does it make sense to
wait until October 1, 2003, the new fiscal year--or I can file earlier
without fearing that the numbers will be exhausted and my case will be
put off till the new financial year anyway. I know numbers in this
category are mostly current all the time but still...
Thank you,
KP
Apr 20th 2003, 7:51 pm
#2
Guest
Posts: n/a
Re: EB-1
On Sun, 20 Apr 2003 13:36:14 -0500, Kiril Petkov wrote:
> Hi all;
>
> I hope someone can give me a qiuck advice on this.
> I am planning to file for permanent residency under the EB-1
> (extraordinary ability category) and I will do it myself.
"He who represents himself has a fool for a lawyer". Don't do it,
especially with EB-1 cases, unless you REALLY know what you are doing.
> I am still putting together the required materials and I have two questions: 1/Do
> I file the I-485 alond with the I-140
That depends on your circumstances.
> and 2/ Does it make sense to wait until October 1, 2003, the new fiscal year--or I can file earlier
> without fearing that the numbers will be exhausted and my case will be
> put off till the new financial year anyway. I know numbers in this
> category are mostly current all the time but still...
I hope you don't take this the wrong way, but this question illustrates
why you need to hire a lawyer; it shows a very basic misconception about
the way the quota is implemented. If you want to ensure success with more
than random probability, you need to understand the process in a lot more
detail. For that matter, I (who, I think, has acquired a bit of a
reputation here, deserved or not) had my own Green Card case handled by a
lawyer. And that was not even an EB-1 case; it was a simpler EB-2.
To answer your question, no, you need to file as early as possible. The
quota is actually implemented using what is called a "priority date". Each
month, Department of State looks at the number of people who have
established priority dates (by filing either a Labor Certification or an
I-130). They then look at how much of the quota is left in the fiscal
year, and determine a current priority date for each category.
Let me illustrate the way this works with a family-based category.
Employment works the same way, but the family based categories actually
have a multi-year backlog that makes it a bit easier to understand.
For instance, in the Family 2A category, the annual quota is approximately
100,000. Let's say approximately 60,000 have been issued through April.
That leaves 40,000 for the rest of the year (five months), or 8,000 per
month. The State Department Official will then look at when the various
pending petitions in this category were filed, and sees that there
currently are about 8000 that were filed before March 15, 1998, and
haven't immigrated yet. So that's where he sets the priority date. This is
a substantial simplification. He also needs to look at the per-country
quota and take into account how many people may have filed back then but
are no longer interested or able to immigrate for whatever reason, as well
as people who have a priority date from one category but then moved to a
different one (this is actually a fairly common occurrence). There
actually is a lot of black magic and guesswork involved.
What matters for you, though, is that you need to file as early as
possible to establish a priority date. The fiscal year is something that
you don't need to worry about; Department of State will take this into
account when determining the current priority date.
> Hi all;
>
> I hope someone can give me a qiuck advice on this.
> I am planning to file for permanent residency under the EB-1
> (extraordinary ability category) and I will do it myself.
"He who represents himself has a fool for a lawyer". Don't do it,
especially with EB-1 cases, unless you REALLY know what you are doing.
> I am still putting together the required materials and I have two questions: 1/Do
> I file the I-485 alond with the I-140
That depends on your circumstances.
> and 2/ Does it make sense to wait until October 1, 2003, the new fiscal year--or I can file earlier
> without fearing that the numbers will be exhausted and my case will be
> put off till the new financial year anyway. I know numbers in this
> category are mostly current all the time but still...
I hope you don't take this the wrong way, but this question illustrates
why you need to hire a lawyer; it shows a very basic misconception about
the way the quota is implemented. If you want to ensure success with more
than random probability, you need to understand the process in a lot more
detail. For that matter, I (who, I think, has acquired a bit of a
reputation here, deserved or not) had my own Green Card case handled by a
lawyer. And that was not even an EB-1 case; it was a simpler EB-2.
To answer your question, no, you need to file as early as possible. The
quota is actually implemented using what is called a "priority date". Each
month, Department of State looks at the number of people who have
established priority dates (by filing either a Labor Certification or an
I-130). They then look at how much of the quota is left in the fiscal
year, and determine a current priority date for each category.
Let me illustrate the way this works with a family-based category.
Employment works the same way, but the family based categories actually
have a multi-year backlog that makes it a bit easier to understand.
For instance, in the Family 2A category, the annual quota is approximately
100,000. Let's say approximately 60,000 have been issued through April.
That leaves 40,000 for the rest of the year (five months), or 8,000 per
month. The State Department Official will then look at when the various
pending petitions in this category were filed, and sees that there
currently are about 8000 that were filed before March 15, 1998, and
haven't immigrated yet. So that's where he sets the priority date. This is
a substantial simplification. He also needs to look at the per-country
quota and take into account how many people may have filed back then but
are no longer interested or able to immigrate for whatever reason, as well
as people who have a priority date from one category but then moved to a
different one (this is actually a fairly common occurrence). There
actually is a lot of black magic and guesswork involved.
What matters for you, though, is that you need to file as early as
possible to establish a priority date. The fiscal year is something that
you don't need to worry about; Department of State will take this into
account when determining the current priority date.
Apr 20th 2003, 10:32 pm
#3
Guest
Posts: n/a
Re: EB-1
Thank you Ingo, everything you say makes sense of course. I don't
have all the stuff I need, I am still collecting letters on my behalf,
but you're right: I do not have a crystal clear idea of the process
and it looks like going through a lawyer might be a much better
option. I am right in the "professor and researcher" category--but
don't have that essential piece, permanent job offer. That pushes me
into the other category, "just extraordinary ability" which, I agree,
is also more difficult. I do know some people with less qualifications
then mine go through in both categories but I also know people turned
down, and I am on a crossroad myself--to wait until I have the
permanent offer (which might not come in the time I am covered in my
current status, valid for another 2 years) or file now without being
able to make the strongest case in the most appropriate category. But
what can I do, each case is individual.
Best,
KP
On Sun, 20 Apr 2003 12:51:33 -0700, "Ingo Pakleppa"
wrote:
>On Sun, 20 Apr 2003 13:36:14 -0500, Kiril Petkov wrote:
>> Hi all;
>>
>> I hope someone can give me a qiuck advice on this.
>> I am planning to file for permanent residency under the EB-1
>> (extraordinary ability category) and I will do it myself.
>"He who represents himself has a fool for a lawyer". Don't do it,
>especially with EB-1 cases, unless you REALLY know what you are doing.
>> I am still putting together the required materials and I have two questions: 1/Do
>> I file the I-485 alond with the I-140
>That depends on your circumstances.
>> and 2/ Does it make sense to wait until October 1, 2003, the new fiscal year--or I can file earlier
>> without fearing that the numbers will be exhausted and my case will be
>> put off till the new financial year anyway. I know numbers in this
>> category are mostly current all the time but still...
>I hope you don't take this the wrong way, but this question illustrates
>why you need to hire a lawyer; it shows a very basic misconception about
>the way the quota is implemented. If you want to ensure success with more
>than random probability, you need to understand the process in a lot more
>detail. For that matter, I (who, I think, has acquired a bit of a
>reputation here, deserved or not) had my own Green Card case handled by a
>lawyer. And that was not even an EB-1 case; it was a simpler EB-2.
>To answer your question, no, you need to file as early as possible. The
>quota is actually implemented using what is called a "priority date". Each
>month, Department of State looks at the number of people who have
>established priority dates (by filing either a Labor Certification or an
>I-130). They then look at how much of the quota is left in the fiscal
>year, and determine a current priority date for each category.
>Let me illustrate the way this works with a family-based category.
>Employment works the same way, but the family based categories actually
>have a multi-year backlog that makes it a bit easier to understand.
>For instance, in the Family 2A category, the annual quota is approximately
>100,000. Let's say approximately 60,000 have been issued through April.
>That leaves 40,000 for the rest of the year (five months), or 8,000 per
>month. The State Department Official will then look at when the various
>pending petitions in this category were filed, and sees that there
>currently are about 8000 that were filed before March 15, 1998, and
>haven't immigrated yet. So that's where he sets the priority date. This is
>a substantial simplification. He also needs to look at the per-country
>quota and take into account how many people may have filed back then but
>are no longer interested or able to immigrate for whatever reason, as well
>as people who have a priority date from one category but then moved to a
>different one (this is actually a fairly common occurrence). There
>actually is a lot of black magic and guesswork involved.
>What matters for you, though, is that you need to file as early as
>possible to establish a priority date. The fiscal year is something that
>you don't need to worry about; Department of State will take this into
>account when determining the current priority date.
have all the stuff I need, I am still collecting letters on my behalf,
but you're right: I do not have a crystal clear idea of the process
and it looks like going through a lawyer might be a much better
option. I am right in the "professor and researcher" category--but
don't have that essential piece, permanent job offer. That pushes me
into the other category, "just extraordinary ability" which, I agree,
is also more difficult. I do know some people with less qualifications
then mine go through in both categories but I also know people turned
down, and I am on a crossroad myself--to wait until I have the
permanent offer (which might not come in the time I am covered in my
current status, valid for another 2 years) or file now without being
able to make the strongest case in the most appropriate category. But
what can I do, each case is individual.
Best,
KP
On Sun, 20 Apr 2003 12:51:33 -0700, "Ingo Pakleppa"
wrote:
>On Sun, 20 Apr 2003 13:36:14 -0500, Kiril Petkov wrote:
>> Hi all;
>>
>> I hope someone can give me a qiuck advice on this.
>> I am planning to file for permanent residency under the EB-1
>> (extraordinary ability category) and I will do it myself.
>"He who represents himself has a fool for a lawyer". Don't do it,
>especially with EB-1 cases, unless you REALLY know what you are doing.
>> I am still putting together the required materials and I have two questions: 1/Do
>> I file the I-485 alond with the I-140
>That depends on your circumstances.
>> and 2/ Does it make sense to wait until October 1, 2003, the new fiscal year--or I can file earlier
>> without fearing that the numbers will be exhausted and my case will be
>> put off till the new financial year anyway. I know numbers in this
>> category are mostly current all the time but still...
>I hope you don't take this the wrong way, but this question illustrates
>why you need to hire a lawyer; it shows a very basic misconception about
>the way the quota is implemented. If you want to ensure success with more
>than random probability, you need to understand the process in a lot more
>detail. For that matter, I (who, I think, has acquired a bit of a
>reputation here, deserved or not) had my own Green Card case handled by a
>lawyer. And that was not even an EB-1 case; it was a simpler EB-2.
>To answer your question, no, you need to file as early as possible. The
>quota is actually implemented using what is called a "priority date". Each
>month, Department of State looks at the number of people who have
>established priority dates (by filing either a Labor Certification or an
>I-130). They then look at how much of the quota is left in the fiscal
>year, and determine a current priority date for each category.
>Let me illustrate the way this works with a family-based category.
>Employment works the same way, but the family based categories actually
>have a multi-year backlog that makes it a bit easier to understand.
>For instance, in the Family 2A category, the annual quota is approximately
>100,000. Let's say approximately 60,000 have been issued through April.
>That leaves 40,000 for the rest of the year (five months), or 8,000 per
>month. The State Department Official will then look at when the various
>pending petitions in this category were filed, and sees that there
>currently are about 8000 that were filed before March 15, 1998, and
>haven't immigrated yet. So that's where he sets the priority date. This is
>a substantial simplification. He also needs to look at the per-country
>quota and take into account how many people may have filed back then but
>are no longer interested or able to immigrate for whatever reason, as well
>as people who have a priority date from one category but then moved to a
>different one (this is actually a fairly common occurrence). There
>actually is a lot of black magic and guesswork involved.
>What matters for you, though, is that you need to file as early as
>possible to establish a priority date. The fiscal year is something that
>you don't need to worry about; Department of State will take this into
>account when determining the current priority date.
Apr 21st 2003, 4:21 pm
#4
Guest
Posts: n/a
Re: EB-1
Why not do both? File right now for the extraordinary ability category
without a job offer, and then, once the job offer comes in, get a Labor
Certification started in case the first application is denied.
If the potential employer cooperates, you can do still something else: get
both started right away. It is perfectly legal to get a Labor
Certification started before the actual job offer is made. Most
importantly, legally the LC does not obligate the employer to actually
hire you or actually extend you a job offer. If the job offer does not
actually happen, the LC would be worthless, of course.
Of course, few employers would be willing to do this, if only because it
is expensive and tedious, but just in case, it might be worth asking.
On Sun, 20 Apr 2003 17:32:18 -0500, Kiril Petkov wrote:
> Thank you Ingo, everything you say makes sense of course. I don't
> have all the stuff I need, I am still collecting letters on my behalf,
> but you're right: I do not have a crystal clear idea of the process
> and it looks like going through a lawyer might be a much better
> option. I am right in the "professor and researcher" category--but
> don't have that essential piece, permanent job offer. That pushes me
> into the other category, "just extraordinary ability" which, I agree,
> is also more difficult. I do know some people with less qualifications
> then mine go through in both categories but I also know people turned
> down, and I am on a crossroad myself--to wait until I have the
> permanent offer (which might not come in the time I am covered in my
> current status, valid for another 2 years) or file now without being
> able to make the strongest case in the most appropriate category. But
> what can I do, each case is individual.
>
> Best,
> KP
>
> On Sun, 20 Apr 2003 12:51:33 -0700, "Ingo Pakleppa"
> wrote:
>
>>On Sun, 20 Apr 2003 13:36:14 -0500, Kiril Petkov wrote:
>>> Hi all;
>>>
>>> I hope someone can give me a qiuck advice on this.
>>> I am planning to file for permanent residency under the EB-1
>>> (extraordinary ability category) and I will do it myself.
>>"He who represents himself has a fool for a lawyer". Don't do it,
>>especially with EB-1 cases, unless you REALLY know what you are doing.
>>> I am still putting together the required materials and I have two questions: 1/Do
>>> I file the I-485 alond with the I-140
>>That depends on your circumstances.
>>> and 2/ Does it make sense to wait until October 1, 2003, the new fiscal year--or I can file earlier
>>> without fearing that the numbers will be exhausted and my case will be
>>> put off till the new financial year anyway. I know numbers in this
>>> category are mostly current all the time but still...
>>I hope you don't take this the wrong way, but this question illustrates
>>why you need to hire a lawyer; it shows a very basic misconception about
>>the way the quota is implemented. If you want to ensure success with more
>>than random probability, you need to understand the process in a lot more
>>detail. For that matter, I (who, I think, has acquired a bit of a
>>reputation here, deserved or not) had my own Green Card case handled by a
>>lawyer. And that was not even an EB-1 case; it was a simpler EB-2.
>>To answer your question, no, you need to file as early as possible. The
>>quota is actually implemented using what is called a "priority date". Each
>>month, Department of State looks at the number of people who have
>>established priority dates (by filing either a Labor Certification or an
>>I-130). They then look at how much of the quota is left in the fiscal
>>year, and determine a current priority date for each category.
>>Let me illustrate the way this works with a family-based category.
>>Employment works the same way, but the family based categories actually
>>have a multi-year backlog that makes it a bit easier to understand.
>>For instance, in the Family 2A category, the annual quota is approximately
>>100,000. Let's say approximately 60,000 have been issued through April.
>>That leaves 40,000 for the rest of the year (five months), or 8,000 per
>>month. The State Department Official will then look at when the various
>>pending petitions in this category were filed, and sees that there
>>currently are about 8000 that were filed before March 15, 1998, and
>>haven't immigrated yet. So that's where he sets the priority date. This is
>>a substantial simplification. He also needs to look at the per-country
>>quota and take into account how many people may have filed back then but
>>are no longer interested or able to immigrate for whatever reason, as well
>>as people who have a priority date from one category but then moved to a
>>different one (this is actually a fairly common occurrence). There
>>actually is a lot of black magic and guesswork involved.
>>What matters for you, though, is that you need to file as early as
>>possible to establish a priority date. The fiscal year is something that
>>you don't need to worry about; Department of State will take this into
>>account when determining the current priority date.
without a job offer, and then, once the job offer comes in, get a Labor
Certification started in case the first application is denied.
If the potential employer cooperates, you can do still something else: get
both started right away. It is perfectly legal to get a Labor
Certification started before the actual job offer is made. Most
importantly, legally the LC does not obligate the employer to actually
hire you or actually extend you a job offer. If the job offer does not
actually happen, the LC would be worthless, of course.
Of course, few employers would be willing to do this, if only because it
is expensive and tedious, but just in case, it might be worth asking.
On Sun, 20 Apr 2003 17:32:18 -0500, Kiril Petkov wrote:
> Thank you Ingo, everything you say makes sense of course. I don't
> have all the stuff I need, I am still collecting letters on my behalf,
> but you're right: I do not have a crystal clear idea of the process
> and it looks like going through a lawyer might be a much better
> option. I am right in the "professor and researcher" category--but
> don't have that essential piece, permanent job offer. That pushes me
> into the other category, "just extraordinary ability" which, I agree,
> is also more difficult. I do know some people with less qualifications
> then mine go through in both categories but I also know people turned
> down, and I am on a crossroad myself--to wait until I have the
> permanent offer (which might not come in the time I am covered in my
> current status, valid for another 2 years) or file now without being
> able to make the strongest case in the most appropriate category. But
> what can I do, each case is individual.
>
> Best,
> KP
>
> On Sun, 20 Apr 2003 12:51:33 -0700, "Ingo Pakleppa"
> wrote:
>
>>On Sun, 20 Apr 2003 13:36:14 -0500, Kiril Petkov wrote:
>>> Hi all;
>>>
>>> I hope someone can give me a qiuck advice on this.
>>> I am planning to file for permanent residency under the EB-1
>>> (extraordinary ability category) and I will do it myself.
>>"He who represents himself has a fool for a lawyer". Don't do it,
>>especially with EB-1 cases, unless you REALLY know what you are doing.
>>> I am still putting together the required materials and I have two questions: 1/Do
>>> I file the I-485 alond with the I-140
>>That depends on your circumstances.
>>> and 2/ Does it make sense to wait until October 1, 2003, the new fiscal year--or I can file earlier
>>> without fearing that the numbers will be exhausted and my case will be
>>> put off till the new financial year anyway. I know numbers in this
>>> category are mostly current all the time but still...
>>I hope you don't take this the wrong way, but this question illustrates
>>why you need to hire a lawyer; it shows a very basic misconception about
>>the way the quota is implemented. If you want to ensure success with more
>>than random probability, you need to understand the process in a lot more
>>detail. For that matter, I (who, I think, has acquired a bit of a
>>reputation here, deserved or not) had my own Green Card case handled by a
>>lawyer. And that was not even an EB-1 case; it was a simpler EB-2.
>>To answer your question, no, you need to file as early as possible. The
>>quota is actually implemented using what is called a "priority date". Each
>>month, Department of State looks at the number of people who have
>>established priority dates (by filing either a Labor Certification or an
>>I-130). They then look at how much of the quota is left in the fiscal
>>year, and determine a current priority date for each category.
>>Let me illustrate the way this works with a family-based category.
>>Employment works the same way, but the family based categories actually
>>have a multi-year backlog that makes it a bit easier to understand.
>>For instance, in the Family 2A category, the annual quota is approximately
>>100,000. Let's say approximately 60,000 have been issued through April.
>>That leaves 40,000 for the rest of the year (five months), or 8,000 per
>>month. The State Department Official will then look at when the various
>>pending petitions in this category were filed, and sees that there
>>currently are about 8000 that were filed before March 15, 1998, and
>>haven't immigrated yet. So that's where he sets the priority date. This is
>>a substantial simplification. He also needs to look at the per-country
>>quota and take into account how many people may have filed back then but
>>are no longer interested or able to immigrate for whatever reason, as well
>>as people who have a priority date from one category but then moved to a
>>different one (this is actually a fairly common occurrence). There
>>actually is a lot of black magic and guesswork involved.
>>What matters for you, though, is that you need to file as early as
>>possible to establish a priority date. The fiscal year is something that
>>you don't need to worry about; Department of State will take this into
>>account when determining the current priority date.
