close
Do you like trackitt?
  • jQuery News Ticker now has support for multiple tickers per page!
  • jQuery News Ticker now has support for right-to-left languages!
  • jQuery News Ticker now has support for loading content via an RSS feed!
  • jQuery News Ticker now has an optional fade effect between items!
  • New updates have been made to jQuery News Ticker! Check below for more details!
  • jQuery News Ticker is now compatible with jQuery 1.3.2! See below for further details and for latest download.
  • Further updates to jQuery News Ticker are coming soon!

Member Profile: tekoshar (34 posts)

Advertisement    
 
Hello, I'm tekoshar (report this user)
I am from Iran
I last logged in 10 hours 2 minutes ago
I have been a member since 29 Aug 2016
I have added 34 posts in trackitt forums
I added my last post on 15 Jan 2018
tekoshar's Immigration Cases
 
I-140 case:   (11 comments)
User: tekoshar Nationality: Iran
Applicant Type:primaryService Center:Nebraska
Category:EB2-NIWPriority Date:01 Nov 2016
Application Filed:01 Nov 2016USCIS Received Date:02 Nov 2016
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:yesRFE Received Date:25 Sep 2017
Reason for RFE:Typical Dahanasar RFE. Provided 3 more letters and employment letterRFE Replied Date:
Application Status:deniedApproval/Denial Date:10 Jan 2018
Total Processing Time:435 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 20 Sep 2017 Last Updated: 12 Jan 2018
Notes: 5 papers. 49 citations at the time of filing. 40 of them was for my main paper. Now 87 citations+a new paper in Nature. Electrical Engineering, Master in the US. Still a PhD student in the US.
tekoshar's Posts
1 2 Next »
Posted in I-140 Forum 9 hours 59 minutes ago
Topic: EB2-NIW Nebraska (any receipt date)

Officer Code: ex 00 11
I don't like this postI like this post
Posted in I-140 Forum 10 hours 2 minutes ago
Topic: EB2-NIW Nebraska (any receipt date)

Much thanks all, for your nice words.

natan111: Sure, I will post the RFE letter and Denial words when I get the time (so busy these days with my dissertation, immigration, and a full-time job)

After my talks with Chen, this is my plan:

1. File O-1. (Through company but I can pay the fees myself for premium processing).
2. File H1-B (if my company agrees to it, maybe not, our R&D lab is about to separate from the parent company).
3. File another NIW. I will file NIW after I graduate so I have my freaking PhD in my hand. I will have a ~10 days gap after graduation date (April 26th) and before my OPT expires (May 4th). (We will prepare all the documentation beforehand.)

BTW, Chen said since everything was unfair to me in this process, they will do all those at no cost. I only need to pay the USCIS fee for I-485. No charge for O1 and NIW attorney fees.

I also had a job interview with a company in Canada today. In case, sth goes wrong, I will take that route. If they recruit me, they will file for my Canadian work permit. From there, I will apply for NIW. Although, if the Presidential Proclamation's Suspension of Entry was in effect in its current form at the time of my IV processing interview, it would likely affect my ability to obtain an IV.

Please let me know if I am missing sth in this process so I can consult more about it with Chen.
I don't like this postI like this post
Posted in I-140 Forum on 13 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

All,

I just received the denial letter. Read the message I sent Victoria Chen:

"I just read the denial letter. I am very shocked and surprised about what they talk about.
1- First all, my full-time job monthly pay is not $1300. That's when I was a PhD student. We sent my paychecks, they haven't seen that? We also wrote my salary in the employment letter.
2- They questioned prong 1,3.
For prong 1, they mention that we haven't focused on the field but rather we talk about my research papers.
Also, for prong 3, we haven't convinced them that my work right now is important enough to waive the labor certification for me."

Please anybody if you have any recommendations, let me know. I would like to go through them with Chen when I talk to them.

My OPT expires in May and I cannot extend it.
I don't like this postI like this post
Posted in I-140 Forum on 12 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

Thanks, natan111. I will sure update you all.
I don't like this postI like this post
Posted in I-140 Forum on 12 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

Chen's first option is also refiling concurrent. We can do this before May (maybe even in March). But I need EAD card to be able to work.

Based on Chen:

"we would not recommend depending solely on an I-485 that depends on a pending I-140 petition. We will be able to advise further in this regard once we have received your denial notice."
I don't like this postI like this post
Posted in I-140 Forum on 11 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

Hamkeshvari, this is very strange to me too. This unexpected denial screwed my future plans.

Victoria Chen did a very good job responding the RFE. We addressed all the points. Still in shock why I got denied.
I will let you all know what my denial was about.
I don't like this postI like this post
Posted in I-140 Forum on 11 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

to sazamizi:

Thanks for your advice about Canada. I will keep that in mind.

to natan111:

Prong 1: "You have not begun independent work in any field, and the work you are now doing is part of your education and student training."

I have seen multiple people who were still students and got approval before or after Dahanasar.

Prong 2: "Future plan."

I have a full-time job. I have been working for more than 7 months now.

Prong 3: "The record indicated that your most recent endeavor was temporary, the evidence does not show that your work wil align with the framework set forth above."

They might have thought my job's not full-time and I will go back to school?!!! I only need to defend my dissertation and that's it.

I had already filed I-485 10 days ago with Chen. I haven't even received the receipt yet. I assume that will automatically get denied even though Chen said sometimes they let it be pending for a couple months.

My problem is my pre-completion OPT expires in May and I cannot extend it. If I don't file o-1, I will not be able to work for a couple months until I get my new EAD card.

I have to get the letter and check out the reason for the denial and then decide about "appeal".
I don't like this postI like this post
Posted in I-140 Forum on 11 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

To mmZebel:

Master and Ph.D. at the same school at a middle-rank US school in the west coast.

to d76s:

Well, this is what everybody does. So many of my friends filed when they were a student and got job offers at companies and eventually got approvals.

to Emmy1:

Plan A is O-1 visa. I am not even sure if I am qualified for that. I have only reviewed one paper.
Plan B is "Appeal".
Plan C is another NIW concurrently filing.
Plan D is Canada.

I am not sure about the order of Plan C and D.

to sudha15:

They questioned my future endeavor. I have seen so many applications that filed as a student and got approval without RFE.

to k784102:

I don't know the reason. My other Iranian friends got approval while still on F-1 status.
I have completed all the coursework so I can work fulltime on pre-completion OPT.
I don't like this postI like this post
Posted in I-140 Forum on 10 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)


That's sad. Since you are still a student, most probably they denied your NIW on the grounds of "future endeavors". What does your lawyer say about that?




Victoria Chen was completely shocked about my RFE being denied. She said the officer might have not even read the RFE response because in my RFE we clearly stated that I have a job now and I have been working for 7 months.

She said in the past 5 years, she hasn't had a case being denied with my qualifications. Also, she said the approval rate for the "Appeal" is 6%.

My pre-completion OPT expires in May, she advised me to file an O-1 work visa through my company. They can still use the reference letters for O-1. It has premium processing option and they only need to write a new petition letter that Victoria Chen will do it for me. She said their lawyers will instruct my company's HR on how to file this.

She asked if I ever reviewed any journal papers. I have reviewed only one paper. But I hope my recent nature paper (not first author, 7th author out of 15 authors) will help here.
I don't like this postI like this post
Posted in I-140 Forum on 10 Jan 2018
Topic: EB2-NIW Nebraska (any receipt date)

All,

I just checked my USCIS case status profile. They denied my RFE for I-140 :(((((((. Do you have any idea why this should happen?

"On January 10, 2018, we denied your Form I-140, Immigrant Petition for Alien Worker, Receipt Number LIN179..... We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice."
I don't like this postI like this post
Posted in I-140 Forum on 15 Dec 2017
Topic: EB2-NIW Nebraska (any receipt date)


What was your RFE pertaining to, I mean what they argue?



At the time of filing I was still a student and didn't have a job, hence, they asked for future endeavor. Now I have a job and sent them employment letter.
I don't like this postI like this post
Posted in I-140 Forum on 15 Dec 2017
Topic: EB2-NIW Nebraska (any receipt date)


Good luck!
What did you have in your REF package aside from employment letter and 3 recommendations?




Thanks.
3 letters
EL
15 papers that have cited my work in a good way that have used my methodology in their work.
They have also used some other docs (e.g. funds and grants) that I mailed them with my I-140 package.
I don't like this postI like this post
Posted in I-140 Forum on 15 Dec 2017
Topic: EB2-NIW Nebraska (any receipt date)


Good luck with your supportive documents and hope it goes true.
Do you guess how long it would take to hear back from them ?




Thanks.
In the RFE letter USCIS mentions that they will send me results in 2 months, but, I have seen people getting the results in 1-4 weeks.
I don't like this postI like this post
Posted in I-140 Forum on 14 Dec 2017
Topic: EB2-NIW Nebraska (any receipt date)

All,

Today my RFE package was delivered to USCIS. I got the RFE on Sep 26th. They asked about future endeavor since I was still a student and didn't have a job.
I added 3 more independent letters and my employment letter.

I hope I get approval in 2017. :)
I don't like this postI like this post
Posted in I-485 Forum on 07 Dec 2017
Topic: EB2-NIW I-485 Nebraska (any receipt date)

Hi again,

I am in the process of filing I-485. My lawyer (Chen) is reviewing my documents now. Now, my question is:

My R&D lab is separating from the main company to make our own startup (it will happen on Jan 1st, 2018). Should I wait and have a new employment letter from my startup or should I go ahead with the EL I have with my current company?

I have asked Chen but they are slow responding to messages.

Thanks for your input.
I don't like this postI like this post
Posted in I-485 Forum on 03 Dec 2017
Topic: EB2-NIW I-485 Nebraska (any receipt date)

Quick question:

My wife and I had insurance through HealthCare.gov for two years when I was still doing research at school. It was super cheap, we're paying $3 a month. Now I have a job (still on student status) and my company has provided insurance for us.

Is that considered as public assistant? How does this affect my I-485 application?
I don't like this postI like this post
Posted in I-485 Forum on 11 Nov 2017
Topic: EB2-NIW I-485 Nebraska (any receipt date)

On USCIS website, it says that the processing time for EB based I-485 is Feb 2, 2017.
What does that mean?
Why are so many cases still pending?
Is it because the majority of I-485s are filed while I-140 has been pending?
I don't like this postI like this post
Posted in I-485 Forum on 25 Oct 2017
Topic: EB2-NIW I-485 Nebraska (any receipt date)

Hi all,

What is the average time to get EAD and AP these days from Nebraska center?
Is it still 2 to 3 months?
I don't like this postI like this post
Posted in I-140 Forum on 23 Oct 2017
Topic: EB2-NIW Nebraska (any receipt date)

Hi guys,

I need your advice on this.

Status quo:
I told you that I got RFE. I found 3 new recommenders as Chen (my lawyer) asked for. They are now working on writing the recommendation letters and the employment letter.

Question:
My company has agreed to file I-485 for me through my I-140 NIW, their only condition is to get I-140 approval first then file I-485. Chen told me that there isn't a legal problem with this.
My OPT expires in May 2018.
Do you think I should wait so my company files I-485 for me or you think I should do it myself now so I can get EAD card sooner?
I don't like this postI like this post
Posted in I-485 Forum on 09 Oct 2017
Topic: EB2-NIW I-485 Nebraska (any receipt date)

So if the field is the same but the companies are different, it's fine?
The R&D lab I am working at is going to separate from the parent company as our own startup.
I don't like this postI like this post
1 2 Next »