Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

Self Petition Green Card - Really?

Self Petition Green Card - Really?

Old Nov 10th 2014, 9:55 pm
  #16  
BE Forum Addict
 
Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
GeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond repute
Default Re: Self Petition Green Card - Really?

Originally Posted by sherbert View Post
All very interesting. When I looked up requirements on the US Govt website, it seemed to imply one needed to be a Nobel prize winner to have a chance at a self petitioned GC (honestly, it actually stated 'Nobel' prize winner' as one of the conditions that may be accepted).
One of, yes. For EB1A (don't know about B or C) you need to satisfy at least 3 of the 10 categories. One of those is receipt of a major award such as a Nobel award. In other words, other awards could be acceptable if deemed notable enough (or not even attempt that category). Obviously it's down to the petitioner to prove this but the whole thing is rather subjective.
GeoffM is offline  
Old Nov 10th 2014, 10:00 pm
  #17  
BE Enthusiast
 
Joined: Jul 2013
Posts: 417
bewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond reputebewildering has a reputation beyond repute
Default Re: Self Petition Green Card - Really?

Originally Posted by sherbert View Post
All very interesting. When I looked up requirements on the US Govt website, it seemed to imply one needed to be a Nobel prize winner to have a chance at a self petitioned GC (honestly, it actually stated 'Nobel' prize winner' as one of the conditions that may be accepted).

So I'm wondering, applying this to my own situation, would it be worth consulting with a lawyer about a H1b visa holder self petitioning an EB1? Bearing in mind that the H1b visa holder is not actually a researcher, doesn't have a PhD, but does have expert/niche ability in software/networking. Hmmmnmmmm.
Yes. I thought the same for quite some time. It is a popular notion that EB1 is only for the absolute top people. But it is not true.

Back in 2007 I attended a presentation by the university immigration lawyer at my UC campus. He claimed that it was almost impossible for a post doc to obtain a green card through EB1. I took him at his word, but it turns out he was wrong. I have met quite a few successful people, and although there might be selection bias, it does not seem too difficult to get the EB1.

Read the descriptions of successful candidates on pages like this one:
Success Stories EB1-A/EB1-EA | Chen Immigration Blog

And why not contact them and ask, what have you got to lose? They claim a 95% success rate...
bewildering is offline  
Old Nov 10th 2014, 10:27 pm
  #18  
Forum Regular
 
Joined: Oct 2013
Posts: 165
Springy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud ofSpringy6 has much to be proud of
Default Re: Self Petition Green Card - Really?

My husband has recently had an eb1a petition approved. When we were researching it, found that most of the case studies on the internet were academics and very few business people. As Geoff said, you need to meet 3 of 10 categories and have reams of evidence to back up each category.
Springy6 is offline  
Old Nov 10th 2014, 11:30 pm
  #19  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,116
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Self Petition Green Card - Really?

I've mentioned this before. A long time ago I had a client who I evaluated as having a strong EB-2 NIW and a fairly marginal EB-1 extraordinary ability.

There being no backlog in either EB-1 or EB-2 at the time, we filed a combined processing of an I-485 and two concurrent I-140's. Much to my surprise, the EB-1 was approved almost immediately. Great. In due course, received an RFE for the EB-2 NIW. Inasmuch as the application was "moot," we did not respond. Big mistake. Upon denial of EB-2, the I-485 was denied because the underlying visa petition was denied.

I immediately filed a motion to reconsider and forked over the filing fee from my own account. Motion granted and green card granted.

Moral of story: the future cannot be predicted with particularity.
S Folinsky is offline  
Old Nov 10th 2014, 11:40 pm
  #20  
BE Forum Addict
 
Joined: Feb 2010
Location: Temecula, CA
Posts: 4,759
GeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond reputeGeoffM has a reputation beyond repute
Default Re: Self Petition Green Card - Really?

Originally Posted by bewildering View Post
They claim a 95% success rate...
I'm always skeptical of claims like that - not that the figure is wrong but that it is skewed. They more than likely only take on cases that actually have a good chance of being approved, so of course the approval rate is going to be high. Note this is a general comment, not directed towards the referenced company.

Originally Posted by Springy6 View Post
My husband has recently had an eb1a petition approved. When we were researching it, found that most of the case studies on the internet were academics and very few business people.
Yes, I noticed people that were worried about only have XX citations when they "absolutely must have XXX citations otherwise it'll never be approved". Depending on how you count them I had maybe 2-3. So they probably were academics mostly. I mentioned this on whatever forum it was and was laughed at and then banned because they didn't believe I'd been approved. Guess who got the last laugh while they pored over their citations while I basked in the Californian sun.

But a good lawyer certainly is a must. I would never have thought of the stuff he did, or would have prepared the petition in the way he did. That's his job. Just had a crap bedside manner!
GeoffM is offline  
Old Nov 11th 2014, 3:20 am
  #21  
Forum Regular
 
Joined: Mar 2004
Location: Birmingham, England
Posts: 55
fathermike is an unknown quantity at this point
Default Re: Self Petition Green Card - Really?

I self petitioned without any attorney assistance back in 2002. I was holding an R1 visa at the time. No RFE on the I-360 petition, which was granted in about 18 months. The AOS took almost two years though.

Mike.
fathermike is offline  
Old Nov 12th 2014, 10:03 pm
  #22  
BE Enthusiast
Thread Starter
 
Joined: Feb 2013
Posts: 946
sherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond reputesherbert has a reputation beyond repute
Default Re: Self Petition Green Card - Really?

Originally Posted by bewildering View Post
Yes. I thought the same for quite some time. It is a popular notion that EB1 is only for the absolute top people. But it is not true.

Back in 2007 I attended a presentation by the university immigration lawyer at my UC campus. He claimed that it was almost impossible for a post doc to obtain a green card through EB1. I took him at his word, but it turns out he was wrong. I have met quite a few successful people, and although there might be selection bias, it does not seem too difficult to get the EB1.

Read the descriptions of successful candidates on pages like this one:
Success Stories EB1-A/EB1-EA | Chen Immigration Blog

And why not contact them and ask, what have you got to lose? They claim a 95% success rate...
Thanks for this, I'll take a look. And yes the person I spoke to said that the lawyer only works with people who have a very good chance of getting approved.
sherbert is offline  
Old Nov 13th 2014, 11:53 pm
  #23  
Grumpy Know-it-all
 
Steve_'s Avatar
 
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Steve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond repute
Default Re: Self Petition Green Card - Really?

Originally Posted by sherbert View Post
I was talking to a research scientist here in the US on a J visa the other day who told me she had spoken to an immigration lawyer and was going to begin the process of self petition for a Green Card. She said it would cost her upwards of $7,500 and she couldn't leave the country once the petition process began.
Just a tip, but this is because if you file the I-140 yourself, you show immigrant intent at that point. If an employer files it, you technically have no control over that, so immigrant intent is only shown when you file for AOS or an immigrant visa.

Something that comes up on here quite often with I-130s as well, the filing of the petition by the petitioner does not show immigrant intent unless the beneficiary is the petitioner.

The problem being of course that if you show immigrant intent, you can't claim to have non-immigrant intent when you visit, plus some non-immigrant categories are not dual-intent.
Steve_ is offline  
Old Nov 13th 2014, 11:59 pm
  #24  
Grumpy Know-it-all
 
Steve_'s Avatar
 
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Steve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond reputeSteve_ has a reputation beyond repute
Default Re: Self Petition Green Card - Really?

Originally Posted by bewildering View Post
Yes. I thought the same for quite some time. It is a popular notion that EB1 is only for the absolute top people. But it is not true.
Well it depends on what your definition of "top people" is.

The whole thing makes no sense to me. For example I knew a water skier who got it. Also, a former athlete who was well past it. Then, I knew a psychologist who had written books, won awards, etc. and he didn't get it.

The impression I get is that if you can produce a glossy magazine with your picture on the front you stand much more chance of getting it. I know for a fact that the former athlete did that.
Steve_ is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell or Share My Personal Information -

Copyright © 2023 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.