EB1 or LPR - which should I be looking at?

[chrisflowers]

I am going for a job selection panel in San Fransisco in 3 weeks time, having been headhunted for a professorship, as there is no one left in the USA with the skills required in my field. - going to teach them the UK way of doing things!

I presume that the University (UCSF) will be responsible for organising the correct visa, but as yet they cannot clarify whether they will just be giving me a letter of employment with me applying for a visa, or whether they will do it themselves.

Having read about the EB1 visa - I also presume this is what I may need to apply for rather than a green card, although a green card would be better for me, so that I can stay in my Florida home in winter months without having to renew or seek a B2 snowbird visa.

Anyone with any experience on these "essential employment" situations?

Cheers

Chris

PS this forum is a great resource Susie

(do they do ice cream as well in SF as they do in Coldstone Creamery in Florida?)

[Susie]

Hi Chris and Welcome


Thank you for your kind comments and great to have you on board.

Please keep up all posted as to your job interview and outcome. Will you be coming to Florida either just before your interview or just after? Perhaps we could meet up and have an ice cream.

My nephew has two degrees, one in micro (something or the other) and to do with atrifical valves and a second degree as a dentisit

I managed to get him some work experience in Clelebration Hospital, however it appears that should he wish to work in the USA he would have to study for another couple of years.

If sucessful the university will/ should apply for a visa on your behalf. You may be correct on EB1 I just need to refresh my mind and will post back

[Susie]

Hi

Looks like your employer would file and I 140 for an outstanding professor! Lucky you


I do know you can concurrently file I 140 and I 485


The I 485 is the application to become a LPR so providing the I 140 is aproved then the I 485 should be also

Do you have any children under 21 years old?

[chrisflowers]

Please keep up all posted as to your job interview and outcome. Will you be coming to Florida either just before your interview or just after? Perhaps we could meet up and have an ice cream.


Hi Sue

Yes, we will fly to Orlando on Fri 1st Sept to have a week of R and R before getting back to the day job.

I have also suggested to Steve and Ray that we organise a forum dinner again in November. So either Ice Cream or dinner in Nov?

[charliesmum]

There's a Coldstone Creamery opening in Lakeland.

Zoe

[chrisflowers]

Hi

Do you have any children under 21 years old?

No but I have a daughter who is 23 and looking to join us to do film/makeup as a career, if I am successful in getting a green card.
I know from the problems you have had that it is not easy for families when you are on a business visa.

Hope you and the boys are getting stronger, and are being supported by the ex-pat community in Florida.

[chrisflowers]

There's a Coldstone Creamery opening in Lakeland.

Zoe

Zoe - that is a long drive from San Francisco!
:angel:

[Sharon]

Hi Chris

Welcome to our site

Being nosey here but what are you a professor in ? Do you teach at the moment?

[JulieC]

For EB1, you need to be outstanding in your field, what they call extraordinary ability.

Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification.

People do get turned down on this classisification, if you google it you will see there are people in appeal. A good attorney should be able to evaluate the odds for you.

1-140/1-485, yes, if there is no one here who can do your job you will almost certainly get labor certification to file for 1-140 but even in these days of streamlining, it does take a bit of time to get it. Depends on whether the university is willing to wait.

[chrisflowers]

Hi Chris

Welcome to our site

Being nosey here but what are you a professor in ? Do you teach at the moment?

Sharon

I work in the field of breast cancer imaging (breast screening and symptomatic hospital breast services). There is a serious shortage in my speciality throughout the world, but especially so in the USA.

[DavidL]

For EB1, you need to be outstanding in your field, what they call extraordinary ability.

Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification.

People do get turned down on this classisification, if you google it you will see there are people in appeal. A good attorney should be able to evaluate the odds for you.

1-140/1-485, yes, if there is no one here who can do your job you will almost certainly get labor certification to file for 1-140 but even in these days of streamlining, it does take a bit of time to get it. Depends on whether the university is willing to wait.

Labor Certification isn't need for this class of applicant.

[DavidL]

I am going for a job selection panel in San Fransisco in 3 weeks time, having been headhunted for a professorship, as there is no one left in the USA with the skills required in my field. - going to teach them the UK way of doing things!

I presume that the University (UCSF) will be responsible for organising the correct visa, but as yet they cannot clarify whether they will just be giving me a letter of employment with me applying for a visa, or whether they will do it themselves.

Having read about the EB1 visa - I also presume this is what I may need to apply for rather than a green card, although a green card would be better for me, so that I can stay in my Florida home in winter months without having to renew or seek a B2 snowbird visa.

Anyone with any experience on these "essential employment" situations?

Cheers

Chris

PS this forum is a great resource Susie

(do they do ice cream as well in SF as they do in Coldstone Creamery in Florida?)

Chris,

For EB1 Extraordinary ability you DO NOT need a job offer or Labor Certification but they don't hand visas out under this class like speeding tickets here!

[buncj]

Chris,

For EB1 Extraordinary ability you DO NOT need a job offer or Labor Certification but they don't hand visas out under this class like speeding tickets here!







Just want to find out if one can apply through EB-2 category under exceptional ability in Science ( Mathematics) with an approved labor certification?

In fact, my labor was approved with bachelor's degree as a minimum requirement. Meanwhile for one to be offered this job ( high school mathematics teacher), one need to have license ( do have license level one and expected to have either level two or three in two weeks time).

I am also a holder of Master's degree in Mathematics.

Was a teaching assistant at University of North Dakota.

Was a part-time lecturer at the University of Cape Coat , Ghana

A member of American's Mathematical Association

A member of North Dakota Educator's Association

A member of Mathematical Association of Ghana

Salary above the minimum wage required for this position.


It okay for my employer to file 1-140 and 1-485 without the approved labor certification since my lawyer up to date has'nt been able to tell me the specific category I belong to as far as the 1-140 form is concerned.


Your reply would be very much appreciated

Admin edit (Punky): Can anyone posting replies to this post please post in this thread:

http://forum.expatsvoice.org/showthread.php?t=1006

So all the info is collated nicely in one place.

Thank you.