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Year 2011 - Selected Emails from Users for
Questions and Comments on Our Services and Packages

***** Email from Raghu on 12/28/2011

Dear Sir/Madam,

I recently ordered a DIY package for EB1-B from your site and found it very helpful. 

I have a few questions related to the application and wish to hear your suggestions. About myself. I am a tenure track assistant professor at a top University. I have now 11 publications (5 first-author), and about 50 citations. In addition, I have 7 conference presentations and have been Journal referee for 12 times. My questions are:

1) Which Evidences should I claim? I am thinking of claiming 2 or 3 out of "Evidence of the individual’s participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field", "Evidence of the person’s original scientific or scholarly research contributions to the academic field", "Evidence of the individual’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field". Do you have any suggestions?

2) I am a full member of Sigma Xi. I wonder whether I should claim the membership as well.

3) Should I include invited job talks at various universities as my presentation? Also, I have quite a few manuscripts under review now. Would it be appropriate to mention those?

Thank you very much!

Sincerely yours,

***** Email from Galliford on 12/16/2011

Dear William,

I found your website very helpful and realized that you provide "Do-it-yourself package" for EB1A and EB2NIW petitions, which I am interested in. 

I first would like to know whether it would be possible to apply for these petitions without hiring any attorneys using the packages. If it is possible, I would like to know what are the advantages and disadvantages of using DIY package by myself.

Thank you for your helps in advance.

All the very best.

***** Email from Hee on 12/8/2011

Dear Sirs,

I really need your HELP! I hired a lawyer and applied for green card in the category of EB1C - Multinational Executive or Manager. After submitting the application, I have been sent a REQUEST FOR EVIDENCE, and my lawyer has no clear idea for how to response it. The assistance I need at present is how to reply the RFE requests?

Our Business services based on the application we submitted :- Business and Marketing Consultancy services. It will be appreciated if you can send me information relevant to the questions been asked below.

1) Specific duties in the USA and the percentage % of time spent in each duties

2) How / what does the executive directs in managing a specific function in the organization

- How does the executive establishes goal and policies within the organization / also list out specific goals and policies established in the last 12 months
- How does executive exercises wide latitude in discretionary decision making.

3) List out specific day to day description of of duties carried out by the executive in the last 12 months.

Thank you very much!

***** Email from Sastry on 11/24/2011

Green Card Application,

My friends suggested me to buy your DIY package for application of green card for my wife. Can you please suggest which package to buy or what options we have based on following details:

My wife is an MD Physician working in a remote area under J1 Waiver status and currently is on H1B. She finished residency on J1 and has been working there after. 4 Papers in very prestigious journals including one research paper and 3 Case Series. Member of ACP, AMA, AHA, ASA. Board Certified and Licensed to practice medicine in USA. Award for Excellence and professionalism during residency. Participated in ACP Research and poster presentation competition as a representative from her Medical School.

Can you tell me which packages we need to buy for getting Green card soon? Is she eligible for EB1, NIW or any other class, because we want to do multiple filing? Does the fact that she is currently working makes any difference?

I will highly appreciate your answer. Thank you.

***** Email from Kwon on 11/12/2011

Hello Dr William,

I found your website and knew that you provided excellent services for many people.

I am currently in the US setting up a new business with a US Citizen partner. I am halfway through my second 12 month B-1 Visa. I have now decided I want to live and work in the US and get the business rolling from here with my colleague, instead of me being in Europe, plus I can do consultation work. I have not earned any money yet, we have not begun trading. However, I have been here more than my home in UK during the last two years.

The business in the personal development/service industry has unique products but does not require much financial investment. I have invested two years of my time so far at an approximate value of $100K. I am going to apply for an E-2 NIW Visa. I am well qualified with an MSc and over 10 years' experience plus many national and international conference presentations. Also some published papers, advice to UK government etc., plus I can muster about 6 references from academics and previous employers.

My question is, if I have applied for the EB-2 NIW, can I continue to spend much of my time in the US until my B-1 expires in 4 months' time? Or will this go against me?

Last time I entered the country I was told I was abusing the visa by spending more time here than at home, but I had not actually broken the law and I never stay past the time stamped on my 1-194. At that time of course, I had not applied for the EB-2.

Thank you.

***** Email from Novikov on 11/04/2011

Hi,

I saw your excellent website and looked up some FAQ's about EB-1 OR green card application.

I am research engineer in a multinational company with PhD in Materials Science and Engineering. While applying for green card our company lawyer asked me to fill out information against each requirement listed for EB-1 (EA) and EB-1 (OR). While I tend to believe that I was fitting in almost 6 out of 7 requirements in both cases, the lawyer seem to think that I don't qualify for either of EB-1 categories and asked my HR to start working towards my PERM application for EB-2. However, I still want to pursue applying in EB-1(OR) on my own using your DIY package and my company is willing fully support me on both applications(EB-1 & EB-2). 

Is is possible to do both EB-1(OR) and EB-2 simultaneously? Would the rejection on EB-1 (OR) have any effect on outcome of EB-2 ?

I would really appreciate your input on this.

Thank you and best regards.

***** Email from Yao on 10/29/2011

Dear William

I am writing this email on behalf of my husband, who is employed at a Clinic Foundation as a Research Associate. He has several publications in very good journals. He is first author in about 4-5 of the publications and is 2nd or 3rd author in other 3-4 publications. He has also coauthored chapters in books and has couple review articles. He has 3-4 awards in his field from his institute/dept as "star award" etc. 

I would like to know if he qualifies for EB1 EA or EB1 OR category. Another question is if we would like to buy all 3 packages ( EB1- EA, EB1OR or EB2 NIW) how much would it cost. Will you be available during the preparation to help us with any questions? Please let us know in as much detail as possible. 

Sincerely.

***** Email from Raghun on 10/20/2011

Dear William,

I am a researcher. My employer applied for an EB-1 OR I-140 petition and we got an RFE. We responded to that RFE in time and subsequently we got a denial letter from NSC thereafter.

Based on the denial decision, our attorney is suggesting to give up on EB-1 and apply in EB2-PERM category. I am trying to argue to either file an MTR/appeal or re-apply in EB-1 OR category again.

From my friends, I know you are good at the issue. I would like to get your opinion on this issue. The denial decision notice is attached. I can provide copies of the RFE/response and the original petition itself if needed. 

Best Regards,

***** Email from Xia on 10/13/2011

Dear Sir, 

Hi, I am a post-doc at a US Government Agency and I completed my PhD in US. I have 9 publications, officially reviewed papers, and I have recommendation letters from my division (Please refer my resume). Since I do not have any sponsor, I have to file by myself. Now I am holding a J1 visa, so I have to waiver it first. I am considering EB1 Extraordinary Ability or EB2 NIW category. 

I strongly wish to get your advices which immigration category is better suited to my background for successful acquisition of Green Card when I use your "Complete Do-It-Yourself Package". For your reference, I am sending my resume. I am thankful to your professional help in advance. I want to purchase your do it by yourself package and to file my Green Card application.

best wishes, 

***** Email from Habtezion on 10/4/2011

Hello,

I am a J1 visa holder and came here for teaching math for 11 and 12 grade student in Arizona. I want to conform whether 212 (E) applies in my case. 

As in the DS 2019 form, consulate officer has mark 'not subject to 2 years residency requirement.' while in visa 212 (E) applies has been printed. Which is to consider final. Kindly guide me so that I can take necessary steps for waiver at the earliest. For your reference I attached both the documents for your reference.

Thanks you very much. Your kind response will be appreciated.

***** Email from Matthew on 9/28/2011

Hello Dr.. William,

I would like to express my interest in your DIY package and your services, and applying for the National Interest Waiver EB2 visa, but I would like to know if I am qualified for this, based on your assessment. I am currently a PhD student in the University of Michigan.

I am a member of several professional organizations. I also won several scholarships, including an award from the American Industrial Hygiene Association, and the 3M scholarship, which recognizes contributions of an industrial hygienist to the profession. I am also a National Scholars Honors Society inductee.

I will really appreciate your feedback regarding my chances in obtaining an EB2 Visa via the National Interest Waiver petition. I know I fit 2 of the criteria: my profession "improves the working conditions of US workers," and my course aims to improve "the US environment." The EB-2 visa for the Philippines is also current, meaning immigrant visa numbers are available.

Thank you very much for opinion. Best regards.

***** Email from Yoo on 9/15/2011

Dear Sir,

I am currently on L1A visa in an "Executive position". I am very interested in your Complete Do-It-Yourself Package for EB1C application. I have a few questions before I order the package:

1) When is it advisable to file Green card?

2) The company has 8 employees, will that be a problem in filing Green card? I am an Executive manager-Business development looking at marketing/business development. Am I eligible for filing in EB1C category? 

3) Being in the "Executive position" is it necessary to show the some minimum number of employees under my supervision as I understand this criteria stands true for "Managerial Positions". So in that case the number of employees are 4 in our company. How do you see my chances of approval or disapproval for green card application?

Regards,

***** Email from Sumin on 9/8/2011

Dear Sir/Madam, 

I have enjoyed browsing your web site very much. It is very informative and helpful for my immigration and visa issues. I have an O-1 visa which will expire in May next year. It is my second or third 'three year visa', working for the same employer over here as a concert violinist. 

I had contacted you before about best option for me to apply for green card on my own. I plan to file green card through EB-1A with by DO IT Yourself package. Could you please give me some advice after you review my attached resume? 

The next step is for me to get a U.S. Green Card, as my career starts to grow over here in the U.S. The EB1 Green card application seems to be perfect for me, yes?

Since I have less than a year before my O-1 visa will expire, should I simply apply for another extension of that visa, instead of dealing with the Green Card now? I know there are time restrictions and issues with Green Card while going through the application process...and issues about coming in and out of the country.

I hope to hear back from you.


Sincerely, 

***** Email from Leonard on 8/26/2011

Green Card Service,

I have purchased the Do-It-Yourself EB1-OR and EB2-NIW recently. Now I am about to change job. Unfortunately, I have a job offer with a small firm. This new firm has about 10 PhDs. I believe. They have about 55 people altogether.

I have noticed in the offer letter that the employment can be terminated "at will", which I saw in your DIY EB1-OR that this is problematic. So I wonder if I should take this job offer or not. In addition, in my current job I have a title of the Advanced Research Engineer, which is the entry level for the Ph.D. grad and I have worked with my current employer (a $4B public company) for about 3 years. 

Now the new company that offers me a job told me that I will have a job title of "process engineer". The offer salary is comparable or a little higher than what my current employer gave me. However, would the job title of "process engineer" weaken my EB1-OR petition, since it doesn't have a strong word like "Advanced", "Lead", or "Senior Engineer"?

Your answer is very much appreciated.

***** Email from Tosukhowong on 8/13/2011

Hi William,

I have read several good reviews about your expertise and help regarding Green card applications from people in different areas of research. I am currently a post-doc and have done a PhD. I have attended and presented at several national scientific meetings and have published research papers in accredited journals. My biography was published by the Cambridge press in "Outstanding scientists of 2010". I can get 10 strong letters of recommendation. I am attaching my resume. 

I would greatly appreciate it if you kindly evaluate which category I should ideally apply for. I think I fulfill requirements (2,5,6,7 and 8) in the EB1-EA category and i can also apply for the EB2-NIW category. I have sent a check for requesting the Do-It-Yourself package for EB2-NIW petition, but I am confused whether I should apply for the EB1-EA category instead. 

Please advice so I can correctly buy the package and prepare my application. I am also interested in becoming a member for the premiere service once I get your reply about my case.

Many thanks.

***** Email from Poulomi on 8/6/2011

Dear William,

Thank your very much for the professional www.greencardapply.com website. Basically, I'm writing to you to find out if it is possible to apply for a green card and eventually obtain a citizenship of the USA. Currently I reside in NYC with F1 visa. Here are some of my personal facts:

Currently I am pursuing my MBA degree in Business Administration from a U.S. University. Between the years of 2000 to 2008, I was working in retailing in a ready-made garments chain shops and moved from sales executive to sales supervisor to Sales manager to Sales & Marketing Manager and finally to a VP for Marketing & Sales. In 2008 I established a real estate company in my home country. As of today and after years of hard work & dedication, the company has great accomplishments in the realty business.

Based on the above, do I have a chance to get a American Green Card?

Thanks in advance for the answer.

Regards,

***** Email from Zhing on 7/24/2011

Hi Wei,

I received your DIY National Interest Waiver package. Thank you very much. I would like to get a quick opinion from you whether I would qualify for the NIW. If my case is fit for a NIW, I could get service from you for answering my queries on applying for the same.

The work that I have done is in one major area - Secure ID Systems: The work that I have done is in Biometrics. Fingerprint scanning, etc. I also have done a web based biometrics verification tool. This project was tried twice before and it failed. I took it up and implemented the same. These are used by the DMV's of about 37 states of the US and various Law Enforcement personnel. have a certificate of acknowledgement from the Department of Licensing, Washington State that shows, that I put them on the road to success.

I am in the process of collecting letters. The utilities company has a policy that they do not issue letters addressed to the USCIS and cannot use the words like National Interest Waiver, etc. I will be able to collect the letters for the work that I have done in the pacemaker programmer. Also, I have strong letters from the people at the Secure ID company that are marked whom ever it may concern.

Do you think I have a strong case or not?

Thanks and Regards,

***** Email from Sylvester on 7/12/2011

Dear Sir or Madam,

I am preparing my I-485 application based on your  Do-It-Yourself I-485 package. I still had a couple of questions:

1) I am planning to send an application each for me and my wife. Can I send it in one package? How do I arrange the documents?

2) A-number: There is a number that starts with an A in the I-140 approval  notice. Is that same as "A number" mentioned in the I-485 application? What  do I write for the A number in my wife's application?

Your EB1B package was a great help in completing my I-140 Outstanding Researcher  application, as I stated in the testimonial. Your answers to the above  questions would greatly help me finish the process.

Many Thanks,

***** Email from Kaushal on 7/5/2011

Dear William, 

I am presently working in one of the Pharmaceutical companies. My company is thinking of filing EB1-B (Outstanding Researcher) Green Card for me, in this regard I want your initial evaluation/suggestion to start. Once, I receive your reply I will get back to you for the "Do It Yourself Package". 

I have Ph.D. in Pharmaceutics (in the same area I am working currently) and have some years of research and professional experience as well in this field. Please do the initial evaluation of my case for the suitability evaluation in EB1 Green Card filing category, primarily for EB1-OR. 

Herewith I have attached my resume/CV for you perusal. Please evaluate my resume and let me know the probability/chances of approval. For your information, I have about 16 citations for my publications (10 non-self or independent). And I have served as a reviewer for 5 journals and 1 conference, totally for about 30 times. Also, I have some requests for reprints of my publications/presentations. I could get some good reference letters. 

I would look forward for your reply and associate with you in the future in this regard. 

Thanks and Sincere Regards.

***** Email from Zhou on 6/29/2011

Good morning!

I am preparing the Green Card application documents base on your DIY Green Card package. Now, I know I should claim at least three criteria for EB1A, but don't know where, or what criterion, should I put my patents achievement. 

It belongs to 6) Authorship of scholarly articles in the field, in professional or major trade publications or other major media, or it belongs to 5) Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. Thanks!

Best regard,

***** Email from Hiremath on 6/17/2011

Green Card Application Service,

I am an athlete who has O1 status, classification Extraordinary Ability. I have this status until June 2012. I would like to know if I could go ahead and apply for a Green Card. After doing some research I understand that I could self-petition for First Preference Employment Based Petition EB1-EA and Application for Residency.  

Filing for I-140 and I-485 consequently. I believe I would be considered exempted from Labor Certification if under O-1 status and applying for EB1. My question is: Can I file for an extension of O1 status while I-140 is pending?

If I apply for I-140 and am denied meanwhile my O1 status has expired what would my next available option be? I do not' want to make any mistakes in filing and the order of things. More importantly I want to remain under a legal status while in the U.S. I don't want to leave the country even though I might have to do so in representing my home country in a competition in April of 2012. I think I might do this if I am permitted Advance Parole if my I-140 application is approved. Correct?

 Any advice is greatly appreciated on this matter. I am considering using your Do It Yourself package to apply for the Green Card. 

Thanks in advance,

***** Email from Wang on 6/8/2011

Hello, William,

I read your great website, it is really amazing! I am currently working as a research specialist in University. I have two masters degree, one in Bioinformatics, one in Chemistry. My university already applied for Labor Certificate for me to apply for Green Card few weeks ago. But since I am a Chinese citizen, I know it will take me a long time to get my green card with EB-2 category. 

So I am thinking of applying for green card with EB1A Extraordinary Ability Petition and EB1B Outstanding researcher myself. Do you think I can apply for both by myself even though university is applying for me probably in EB-2 category? My position is changed to permanent due to Green Card application through university right now. 

I don't have PhD degree. Although I don't see anywhere saying PhD is the requirement for EB1 category. I have two publications and one on the way. One publication was published in nature paper, although I am not the first author, but the paper has got very good citation. Do you think I still have chances to get I-140 approved? And which category would I have a higher chances to get my I-140 approved? EB-1a or EB-1b?

I have one more question, how many samples letters  are there for each packages for Complete Do-It-Yourself Package for EB1a and EB1b Petition? I just want to have an idea if there are enough samples letters for me to follow before I purchase the packages.

Thank you so much

Best regards.

***** Email from Buzura on 5/18/2011

Hello,
I have received the EB1-Ourstanding Researcher package, Its really nice having all the detail information about EB1B.

I have little further request regarding the sample cover letter. You have provided very nice example how to write about fallowing
criteria: Evidence of the alien’s original scientific, scholarly research contribution of major significance to the academic field; and Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media

Could you please also provide some idea, where I can discuss the fallowing two points:

1) Published material about the beneficiary in professional or major trade publications or other major media, relating to his/her work in the field for which classification is sought.

2) Evidence that the beneficiary has performed in a leading or critical role for organizations or establishments that have a
distinguished reputation

This would be very helpful for my cover letter.

I am working as a postdoctoral research scientist in the field of Please let us know if you want more information from me.

Thank you very much.

***** Email from Sadapan on 5/7/2011

Dear William,

I am preparing to purchase a number of “Do-It-Yourself Packages” from Greencardapply.com, and I need some clarification about which products I need to buy. If my understanding is correct, I believe that I need to buy 2 Packages.

Would you please review my profile below and verify that I am on the right track? I would appreciate guidance, tips, and responses that can help me effectively pursue my case. I am particularly eager to verify that I am a suitable candidate for the Extraordinary Ability category. Now I have some question:

    1) What is the average processing time once the application is submitted?

    2) Are there advantages of using an attorney for filing my application, which I cannot get by doing it on my own? Do the authorities (or the system) favor applicants who use attorneys?

    3) How will my immigration case be affected if the green card is denied? Does an applicant have only one chance to get the Green Card, or can you apply more than once? If you apply more than once, does the process become harder, or the application become prejudiced?

Thank you in advance for your assistance.

Regards.

***** Email from Kashyap on 5/1/2011

Hello Williams,

I am looking to get your do-it yourself kit for EB1(C). Really appreciate your advice on some of the questions:

Current position is technical Manager-Asia for my company; Current status H1B - 4 years; Company has applied for Green card under EB2 and is just about to file the 1-140. this application will not proceed any further because i am changing roles. Now the company is sending in to India in a managerial/executive capacity to run the operations in India ( 2 direct employees right now in India, 2 partners)

I will also handle operations in Singapore, Malaysia, Australia and New Zealand. We do not have direct employees in these countries but operate with partners. After I spend 12 months oversees in this capacity how strong is my EB1 case. How much does the salary affect the EB1. I make 100K as a technical manager right now but the salary will be reduced because i will be working in India ( pay scale in India is less). 

Thanks for your help.

***** Email from Tethen on 4/22/2011

Hey,

I purchased the NIW package a few days ago. Anyway, I was talking to USCIS Agent on the phone, and she told me that as an Engineer and a Canadian citizen on TN1 which is a nonimmigrant visa, I have a low chance of getting NIW if I self-sponsor, even if I am working for the US government and get references from the government.

Basically she said that I need my employer (US government) to sponsor me for even an NIW. She said that if I go through and apply myself and get denied for I-140, I may not be eligible for TN1 either, since my status will change and I would have to go back to Canada. So I am not sure what to do. Have you heard from Canadians on TN1 doing self-sponsored NIW applications. What have the results been?

By the way, I do have an older sister who is an American citizen residing in Dallas.

What should I do?

***** Email from Thomas on 4/17/2011

Hello,

I love your web site and services. I have a quick question for you. I have been approved for an O-1 visa in the Arts twice already with the help of your O-1 visa application packages. Thank you so much!

This year we filled for an extension. We have been asked to provide additional evidence and refile, and for some reason my new employer doesn't seem very confident in my case since I was not able to provide a salary history (I thought it was about recognition, not salary!) Anyway, my question is:

If my O-1 gets denied, can I still file for an EB1 and stay in the US? Or do I have to leave the country and file from abroad? Also, can I get started and file and EB1, while my O-1 case is pending?

Any information would be helpful. 

Thank you.

***** Email from Kumas on 4/5/2011

Dear William,

I went through your website thoroughly and surprisingly I could find an answer to my question.

I am now on H1B status. Originally, I had J1 the O1 then H1B (waiver). this is the second year serving in my institution (Roswell park cancer inst). I still have 2 years to go to be eligible to apply for green card.

I want faster route. I am a pathologist and researcher. I have a substantial research papers and abstracts (>75) and 2 grants as PI and multiple as a co-PI. I don't have problem with getting the support I need.

However, my question to you, since I have H1 waiver after J1/O1, am I eligible to apply for EB1. I was told that I have to serve the 3 years or I have to change my status back to J1 to be able to apply for EB1...

Please let me know

Best regards.

***** Email from Zhen on 3/28/2011

Hi William, 

It is me again, months ago, you looked at my CV for a EB1A evaluation. But mine was not strong enough that moment. Now I got an award and promoted to Assistant Professor. Can you look at it again for a EB1A application? They will not do EB1B here. I attached my CV. 

Just to clarify about my award, it is actually a grant called National Scientist Development grant awarded by American Heart Association national center. So it is a grant ($77,000 a year for 4 years). Total 461 Applicants are assistant professors or senior post-doc in their final year. AHA evaluate the applicant' past achievement, the proposal itself (initial findings, innovation, environment...) to select the winners. 14% are awarded in US. I ranked top 5.9%. Does it count as an AWARD in a EB1A application? 

Other things: I have 12 papers, reviewed for 5 journals, and some media reports. but I do not have many citations (only 27). 

Look forward to hearing from you eagerly. 

***** Email from Angela on 3/16/2011

Hello, 

We are interested with your DIY I-485 package as we are planning of filing by ourselves, but we have a few questions.

Initially the I-140 application was filed using your EB1A DIY package then it was approved. Currently the address on the I-797C notice of action (approved I-140) is our employer's address. When we file the forms I-485 & I-765 with our own home address, will all the correspondence (receipt notice, instructions from USCIS) be mailed to our home address? Or the employer's address? (since it was initially filed by them, will it complicate our current / future applications)

Can the dependents file only the I-765 with out the I-485 since my wife will file both forms? I have read about internet forums, about people still waiting for their "pending I-485" applications from USCIS since filing (they have approved I-140), does it mean their priority dates are not current yet?

Thank you.

***** Email from Asubaust on 2/26/2011

Dear Dr Williams,

I would like to apply for Green Card, so I am in need of your service. Could you please evaluate my case and let me know what my options are (like EB1, EB2 etc) for successful processing. Please provide me the information about fees and timeline. I have attached my resume for your reference. If you need more information please feel free to contact me.

As I have mentioned in my resume I will be joining a small pharmaceutical company from Oct 2009 (as I have approved H1B), I will be having a job offer and then I want to apply for GC. I have two main questions:

    1) I have heard from some of my friends that EB1-EA requires some award, but in my case I don't have it and EB1-EA will be a tough case, Please advise on this.

    2) I will be joining a small company (no. of employees is 10), will it affect my EB1-OR case, please advise on this as well.

I am interested in buying your DIY package, I want make sure which one best suits my profile.

Thanks.

***** Email from Romeo on 2/19/2011

Dear William,

Please review my CV in the attachment, and give me your best suggestion, I am thinking to order the package from your website for my green card application, but I don't feel strong confidence on my case. I know the NIW may be slow, if I am qualified for EB1-EA, I prefer this category, but need your advice.

From your website, I know you are so knowledgeable, helpful and nice to answer many questions not like some other lawyers. hope to get your reply ASAP
thanks and with my best regards.

***** Email from MinYi on 2/8/2011

Hi,

I am a researcher from a Research Center at CA. My current profile can be found at the attached files. My employer applied for an EB1-OR I-140 petition, and we got an RFE. We responded to that RFE in time and subsequently we got a denial letter from NSC.

Based on the denial decision, our attorney is suggesting to give up on EB-1 and apply in EB2-PERM category. I am trying to argue to either file an MTR/appeal or re-apply in EB1OR category again. I would like to get an independent opinion on this issue. The denial decision notice is attached. I can provide copies of the RFE/response and the original petition itself if needed.

Best Regards.

***** Email from Kumar on 1/23/2011

Dear Sir/Madam:

My friend purchased your do it by yourself package before and he found it very helpful. Now I need your help also. 

I am an Australian national currently working for a well known and prestigious University Hospital in the US. I previously worked for a private clinic on E3 work visa. Now, I am on an H1B visa. I have two Masters degrees from two of the top Universities in Australia. I have a Bachelors degree also from Australia. 

I was born in India but spent most of my life in Australia and am an Australian citizen. I have one publication in a respected journal in my field and one Abstract publication. I do clinical research while continuing to work for my employer. I have 5 years of experience in my field and am one of the few in this field who has a Masters degree specifically in my field since there are only 4 Universities in the world that actually offer this Masters degree and only one of that University is in the US.

Could you please let me know whether I would have any chances of getting an approval if I apply in the EB1-EA or EB2 NIW category? Which is the best category for someone with my qualifications and expertise? If I apply for a GC, will my priority date be current since I am an Australian citizen? I know that Indian citizens face long waiting times but I was just born in India and do not have any ties now. Which of your package would best suit me? 

Thank you.

***** Email from Mathen on 1/16/2011

Good morning,

As I was searching for information about the Extraordinary Ability status application, I came across your website, and I found it very informative and helpful. I noticed that you distribute the "Complete It Yourself" packages, and am interested in ordering one.

I would be interested to know more about the Do-it-Yourself Package to apply for my Green Card. Presently I am working in US in managerial capacity on L1-A Visa since last 9 months and my assignment is expected to go further till 2012. I have around 10 years of experience and have earlier worked in same position in my home country for more than a year. Since my employer does not have a policy of applying for green card for their employees, I want to apply for green card myself.

Can you please let me know if I can do it all by myself with the help of do-it-yourself package. I can get any reference letters from my company for the process if required. Waiting to hear back from you.

Thanks.

***** Email from Kush on 1/3/2011

Hi William,

First of all, I want to thank you for your help. I have an approved I-140 as of Oct. 2010 and an approved Labor Certification as of May 2010 under EB2 category. My Priority date is March 2011. I am waiting for the dates to become current so that I can file for my I-485.

My current situation is that I have been working continuously as an IT contractor since 2009. But my contract in ending next week and I might have a employment gap till I find the next contract as the economy is not so good these days. Will this gap affect my I-485 or raise a query from USCIS ? 

How long can a gap be maintained while I am still employed with my employer. In that gap I will be searching for a contract. Please help me in understanding this situation. Your answer will be much appreciated.

Waiting for your reply. Thanks.



 

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