99mutd08
06-01 03:44 PM
I support this.
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greencard2k10
03-24 08:05 PM
i've 3 years degree and 5 years experience (same field) with 2 years PG diploma, can i qualify for EB2 category and what are the chances of getting approval? ATTORNEYS PLEASE!
Detailed explanation would be really helpful, thanks and have a good one
Detailed explanation would be really helpful, thanks and have a good one
humdesi
12-27 01:53 PM
As long as there are legal loopholes, there will be people/companies who will misuse them. There's nothing you can do to stop them. EB-1 leftover visas was the only remaining hope for EB-2/3 date progression. But I have seen a lot of outsourcing companies bring people in just for EB-1. A lot of these people are no more qualified or experienced than you or me, but they apply for visas in a category reserved for Nobel prize laureates and similar people. If the trend continues, all EB-1 visas will get used up, and there will be none left for overflow. EB-2 will likely not move from Jan bulletin date for many many years.
Here's my suggestion - write to the CIS Ombudsman and director to investigate EB-1 multinational mangager abuse. Ideally this category should be removed from EB-1 classification.
There is nothing against you but aginst the misuse of the system by some companies.
If you are being asked to work for free in your country for a promise of a greencard, then this is definately a violation of labor laws and you are being exploited. Please tell on this forum the name of your company so that such incidents can be avoided and such companies are reported. We all are here following the laws and if some bad apple is breaking it, it gives a bad name to entire legal immigration.
Here's my suggestion - write to the CIS Ombudsman and director to investigate EB-1 multinational mangager abuse. Ideally this category should be removed from EB-1 classification.
There is nothing against you but aginst the misuse of the system by some companies.
If you are being asked to work for free in your country for a promise of a greencard, then this is definately a violation of labor laws and you are being exploited. Please tell on this forum the name of your company so that such incidents can be avoided and such companies are reported. We all are here following the laws and if some bad apple is breaking it, it gives a bad name to entire legal immigration.
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rkthoka
10-06 06:23 PM
I did not mentioned that 485 in my previous post here is the information
EB3 485 filed on along with labor substitution.
And I did not file for EB 2 485 at all, because Nov 2006 never correct
EB3 485 filed on along with labor substitution.
And I did not file for EB 2 485 at all, because Nov 2006 never correct
more...
j751
11-15 08:11 PM
So you are trying to say that, once my I-140 is approved and I-485 is pending for more than 180 days, my sponsoring employer loses the power to revoke my GC and I can provide an employment letter from the new employer for I-485.
Do you guys really think that the congress is really going to increase the yearly quota of the GC for the Employement Categories? To me it seems like this country is becoming more conservative post 9-11 and is isolating themselves from rest of the world. Based on the current situation it can take upto 5 years for someone like me to get a GC and if this situation stays as is then, I wouldn't mind going back to India or Canada or Europe.
Do you guys really think that the congress is really going to increase the yearly quota of the GC for the Employement Categories? To me it seems like this country is becoming more conservative post 9-11 and is isolating themselves from rest of the world. Based on the current situation it can take upto 5 years for someone like me to get a GC and if this situation stays as is then, I wouldn't mind going back to India or Canada or Europe.
rkthoka
10-06 06:19 PM
Hi
Yes those steps are correct,
I do not want to scare you but use it as information
but if your approved I 140 (for EB2) filled with EB2 PD priority date then most likely USCIS will not port/adjust EB3 PD to EB2. It had happend with me.
Think this way, you are just couple of years away than many years, I know couple friends who started their process in EB3 in 2003 are still awaiting for current status. but any way..
Here how it was my case
I came here on L1 and then join on H1 with consultancy.
> Filed EB2 labor on Nov 2006
> Filed EB3 Labor substitution during July 2007 (my employer given EB3 laborwith no cost, one of our old employee' labor to me)
> Filed I-140 EB2 dec 2007 + porting EB3 to EB2
> Both Eb2 I-140 and EB3 i-140 (EB3 labor Jule 2004 substitution nothing but filing I-140) approved during Sep 2008, but my porting denied as said above (EB2 i-140 filled with EB2 PD date, hence USICS ask me to wait till my EB2 dates get current status)
> I gave up in 2009 slump and (almost)joined with another employer and find another lawer to file AC 21.
during this time I travelled to India once and then to Dubai and Tanzania on AP (EB3) in 3 months times... had no issues to get back into USA.
> I came back from Sep 7 2009 from Tanzania to join new employer on Sep 8th
> Strange thing happend on Sep 9th, do not who (GOD) helped me, I got a mail from USCIS... saying that my(our) cards ordered to print... my wife still at Tanzania with her sis and she return on Nov 2009 (EB2 dates were current when I approved for GC)
Bottom line is any thing possible with USCIS, I still do not know why I they did not approve PORTING in 2008, and doing nothing they approved in 2009.
It happend with me and my cousin brother, when we travelled on AP and got our GC'.
May be helps you...
Yes those steps are correct,
I do not want to scare you but use it as information
but if your approved I 140 (for EB2) filled with EB2 PD priority date then most likely USCIS will not port/adjust EB3 PD to EB2. It had happend with me.
Think this way, you are just couple of years away than many years, I know couple friends who started their process in EB3 in 2003 are still awaiting for current status. but any way..
Here how it was my case
I came here on L1 and then join on H1 with consultancy.
> Filed EB2 labor on Nov 2006
> Filed EB3 Labor substitution during July 2007 (my employer given EB3 laborwith no cost, one of our old employee' labor to me)
> Filed I-140 EB2 dec 2007 + porting EB3 to EB2
> Both Eb2 I-140 and EB3 i-140 (EB3 labor Jule 2004 substitution nothing but filing I-140) approved during Sep 2008, but my porting denied as said above (EB2 i-140 filled with EB2 PD date, hence USICS ask me to wait till my EB2 dates get current status)
> I gave up in 2009 slump and (almost)joined with another employer and find another lawer to file AC 21.
during this time I travelled to India once and then to Dubai and Tanzania on AP (EB3) in 3 months times... had no issues to get back into USA.
> I came back from Sep 7 2009 from Tanzania to join new employer on Sep 8th
> Strange thing happend on Sep 9th, do not who (GOD) helped me, I got a mail from USCIS... saying that my(our) cards ordered to print... my wife still at Tanzania with her sis and she return on Nov 2009 (EB2 dates were current when I approved for GC)
Bottom line is any thing possible with USCIS, I still do not know why I they did not approve PORTING in 2008, and doing nothing they approved in 2009.
It happend with me and my cousin brother, when we travelled on AP and got our GC'.
May be helps you...
more...
gc_check
07-25 03:27 PM
My lawyer send my wife application to VSC?
My file is at TSC?
I am in a kind of fix because she is confident that my spouses application at VSC will be routed to TSC. the only problem is that i am not confident knowing USCIS?
What are my options?
I am thinking of seinding another application for spouse to TSC and if receipted both would withdraw one.
Can some explain?
I am from India EB-2 PD Aug 2005, 485 RD Sep 2005.
spouse 485 delivered to VSC on 3 july 2007.
someone please help?
Also little confused as all EB AOS applications under the current (before 7/30) goes to NSC and not sure why ur attorney sent to VSC.
You should be okay... Per the below link,
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
During the first 30 days of “Direct Filing” (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
My file is at TSC?
I am in a kind of fix because she is confident that my spouses application at VSC will be routed to TSC. the only problem is that i am not confident knowing USCIS?
What are my options?
I am thinking of seinding another application for spouse to TSC and if receipted both would withdraw one.
Can some explain?
I am from India EB-2 PD Aug 2005, 485 RD Sep 2005.
spouse 485 delivered to VSC on 3 july 2007.
someone please help?
Also little confused as all EB AOS applications under the current (before 7/30) goes to NSC and not sure why ur attorney sent to VSC.
You should be okay... Per the below link,
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
During the first 30 days of “Direct Filing” (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
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eb3_nepa
02-23 04:47 PM
I will not negotiate for anything other then CITIZNSHIP.
No Bargaining ...
"NEGOTIATE" Are you KIDDING??. There aint no negotation here, it is what we call BEGGING ;)
Let us all understand one thing, we can only request we CANNOT negotiate. To add to that, even to make the lawmakers listen to our tiny little voice we need to reach deep into our pockets and lobby.
No Bargaining ...
"NEGOTIATE" Are you KIDDING??. There aint no negotation here, it is what we call BEGGING ;)
Let us all understand one thing, we can only request we CANNOT negotiate. To add to that, even to make the lawmakers listen to our tiny little voice we need to reach deep into our pockets and lobby.
more...
ramaonline
02-21 11:38 AM
This has a formatted letter about CIR - It includes a request for Green card retrogression relief. You can also compose your own letter and send it to the lawmakers from your area.
You just need to provide your zipcode - The senator list will automatically show up.
http://capwiz.com/aila2/issues/alert/?alertid=9221981.
PLEASE CONTACT YOUR LOCAL SENATORS NOW - BEFORE CIR OR ANY OTHER IMMIGRATION LEGISLATION COMES UP FOR HEARING
You just need to provide your zipcode - The senator list will automatically show up.
http://capwiz.com/aila2/issues/alert/?alertid=9221981.
PLEASE CONTACT YOUR LOCAL SENATORS NOW - BEFORE CIR OR ANY OTHER IMMIGRATION LEGISLATION COMES UP FOR HEARING
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jindhal
02-02 06:58 PM
Media!
I don't want to panic over an article like this. The media is ALWAYS on the case of immigration. However we do have all odds working against us these days. On a fair weather day, our only ally is the corporations and business who hire us. The society and media never likes the idea of immigration. In their eyes we come here to take their jobs, end of story. The government is not exactly on our side either. They make the immigration process incredibly tedious to a point that makes us wonder if it's there to facilitate immigration or to stop it. That's the old equilibrium we are used to until a year or two ago. Now with raging unemployment and our only ally seemingly becoming the "enemy of the state", it's no surprise that we are put on the chopping board.
If I'm under the spot light for negative attentions I'd like to say "folks, let's at least put things in perspective." U.S. has a population of 300 million, of which roughly half is within the range of working ages. USCIS granted about a million greencards last year, of which only 162,176 were employment based. That is 0.1% of America�s work force, and 0.05% of the entire U.S. population. And that�s less than 6% of the number of the American people injured in car accidents in 2005. Talking about something that hurts a lot of Americans badly, let�s give automobile safety the attention it deserves, which should be 20 times that paid to employment based immigration. On the other hand, if we look at the educational background of these immigrants compared to the same age group of all American workforce I would not be surprised that the earlier surpasses the later by a large margin. That is the whole idea of employment based immigration. Accept a small group of highly educated and skilled foreigners into the society to fuel and energize its workforce and economy. Now this mere 0.05% of people, who already have to pay and struggle to stay legal thanks to the current immigration system, somehow becomes a huge crowd of seagulls and snitches that descend upon the entire country and rob jobs from everyone and kicks Americans into unemployment. Is there any justice or intelligence in that perception? Trying to fix the right problem by focusing on the wrong issues doesn�t help. Hasn�t the country learned enough lessons on this in the past 8 years? To the media, fact skewed out of proportion is a lie. Misleading the people on key national issues is unethical and unpatriotic.
H-1B holders, who are the candidates for employment based immigration, are lawful residents. That means we are subject to all responsibilities such as taxation. We pay all taxes including those the benefits of which we aren�t even entitled to, such as social security and Medicare. We are subject to all laws and regulations as Americans and on top of that immigration law as well, which eliminates many forms of freedom enjoyed by an average citizen. To those sound advocates against immigration, who do you think you are to have the right to alienate us like we have no rights at all in this society? We aren�t robbing you, we are creating wealth for the country. We didn�t play through our earlier years, we worked hard in college and many in graduate schools as well. We aren�t sitting around collecting social benefit, we are paying for it.
I remember watching a movie where in the old times a few African American kids witnessed a black slave being set on fire. One kid later said �I saw fear in my friends� eyes and at the same time, shame.� In some ways that�s our sentiment. We cave in when faced with unfair treatments and blames. When there is some news about a man killing his whole family after losing his job, some feel like it�s our fault. Has it occurred to anyone that his mental health was a bigger suspect for the crime than his employment status? Tough times create anger and division. In my opinion that�s the kind of ride this country has been taking until the 2008 election. This is a tough time no doubt, but it�s also the right time to restore sanity instead of injecting more biased, harmful and plainly wrong opinions into people�s mind. Immigration, although not written in the Constitution, has always been a foundation of this country. Employment based immigrants are the modern day elites of U.S. immigration. And there is nothing more American than equity and hard working. That's what we believe in and what we ask for. Immigrants are citizens by choice. That�s something to be proud of.
For once America, try to tackle the right problem by focusing on the right issues. It�s about time!
Nice statement bro/sis
I don't want to panic over an article like this. The media is ALWAYS on the case of immigration. However we do have all odds working against us these days. On a fair weather day, our only ally is the corporations and business who hire us. The society and media never likes the idea of immigration. In their eyes we come here to take their jobs, end of story. The government is not exactly on our side either. They make the immigration process incredibly tedious to a point that makes us wonder if it's there to facilitate immigration or to stop it. That's the old equilibrium we are used to until a year or two ago. Now with raging unemployment and our only ally seemingly becoming the "enemy of the state", it's no surprise that we are put on the chopping board.
If I'm under the spot light for negative attentions I'd like to say "folks, let's at least put things in perspective." U.S. has a population of 300 million, of which roughly half is within the range of working ages. USCIS granted about a million greencards last year, of which only 162,176 were employment based. That is 0.1% of America�s work force, and 0.05% of the entire U.S. population. And that�s less than 6% of the number of the American people injured in car accidents in 2005. Talking about something that hurts a lot of Americans badly, let�s give automobile safety the attention it deserves, which should be 20 times that paid to employment based immigration. On the other hand, if we look at the educational background of these immigrants compared to the same age group of all American workforce I would not be surprised that the earlier surpasses the later by a large margin. That is the whole idea of employment based immigration. Accept a small group of highly educated and skilled foreigners into the society to fuel and energize its workforce and economy. Now this mere 0.05% of people, who already have to pay and struggle to stay legal thanks to the current immigration system, somehow becomes a huge crowd of seagulls and snitches that descend upon the entire country and rob jobs from everyone and kicks Americans into unemployment. Is there any justice or intelligence in that perception? Trying to fix the right problem by focusing on the wrong issues doesn�t help. Hasn�t the country learned enough lessons on this in the past 8 years? To the media, fact skewed out of proportion is a lie. Misleading the people on key national issues is unethical and unpatriotic.
H-1B holders, who are the candidates for employment based immigration, are lawful residents. That means we are subject to all responsibilities such as taxation. We pay all taxes including those the benefits of which we aren�t even entitled to, such as social security and Medicare. We are subject to all laws and regulations as Americans and on top of that immigration law as well, which eliminates many forms of freedom enjoyed by an average citizen. To those sound advocates against immigration, who do you think you are to have the right to alienate us like we have no rights at all in this society? We aren�t robbing you, we are creating wealth for the country. We didn�t play through our earlier years, we worked hard in college and many in graduate schools as well. We aren�t sitting around collecting social benefit, we are paying for it.
I remember watching a movie where in the old times a few African American kids witnessed a black slave being set on fire. One kid later said �I saw fear in my friends� eyes and at the same time, shame.� In some ways that�s our sentiment. We cave in when faced with unfair treatments and blames. When there is some news about a man killing his whole family after losing his job, some feel like it�s our fault. Has it occurred to anyone that his mental health was a bigger suspect for the crime than his employment status? Tough times create anger and division. In my opinion that�s the kind of ride this country has been taking until the 2008 election. This is a tough time no doubt, but it�s also the right time to restore sanity instead of injecting more biased, harmful and plainly wrong opinions into people�s mind. Immigration, although not written in the Constitution, has always been a foundation of this country. Employment based immigrants are the modern day elites of U.S. immigration. And there is nothing more American than equity and hard working. That's what we believe in and what we ask for. Immigrants are citizens by choice. That�s something to be proud of.
For once America, try to tackle the right problem by focusing on the right issues. It�s about time!
Nice statement bro/sis
more...
deardar
10-29 01:22 PM
Thanks Akhil!
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greencard_seeker
09-06 09:37 AM
Any one with concurrent filing of 140 and 485 in July got receipts?
more...
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dagabaaj
10-01 02:51 PM
Does the H4 get invalidated after application for SSN using EAD card.
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gcisadawg
04-29 12:05 PM
Try your luck elsewhere..I know at least 100 guys in SAP with over 7+ years of experience sitting on bench..
Forget SAP..Try some other area..
Its scary. I thought SAP consultants are just above water. That's a huge number....Just one person knowing 100 guys in SAP each with 7+ years sitting on bench! What is the source of this info? Is that from any networking site or from your company? We had two SAP consultants who were rolled off but they were able to find projects elsewhere.
Disclaimer: I'm working on SAP Platform as a full time employee of a company supporting in-house SAP implementation.
Forget SAP..Try some other area..
Its scary. I thought SAP consultants are just above water. That's a huge number....Just one person knowing 100 guys in SAP each with 7+ years sitting on bench! What is the source of this info? Is that from any networking site or from your company? We had two SAP consultants who were rolled off but they were able to find projects elsewhere.
Disclaimer: I'm working on SAP Platform as a full time employee of a company supporting in-house SAP implementation.
more...
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rkgc
11-09 10:28 AM
Hi folks one more question, I am trying to book an appointment in VFS for me and my wife, instead of creating 2 application and getting 2 different appointment times, is there a way to create one application (2 if there is no option) but get the same appointment day/time? any reply is greatly appreciated.
Thanks,
RK
Thanks,
RK
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ashkam
06-11 10:58 PM
I don't think it's a matter of who to blame. USCIS doesn't care who you blame, the only thing they are concerned with is if you are in status and if you received an erroneous extension, you will be out of status after one year. I read in an USCIS document that the burden for notifying them of an error lies with you. I cannot find it right now, quite possibly because I am drunk, but I will try some more.
more...
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delax
08-06 09:57 AM
Agree: I also strongly suspect that honoring the RD is BS that USCIS is dishing out. I feel they are selecting cases based only on ND and approving them randomly since all their systems, tracking, receipt # seems to be based on ND and not RD. Historically the ND and RD were only a few days away from each other and so it didn't matter - but thats another fight.
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p_kumar
02-26 02:03 PM
Why are you looking for Pre-Approval?? Also fyi.. they will keenly check the 485 data before doing any final adjudication..
Take it easy!!
I am trying hard to be polite but you are testing my patience. why do you bother to answer when you dont have anything to add?. Keenly check the 485 data is already in my list. :rolleyes:
There's no need for you get involved here. Have a good day.
Take it easy!!
I am trying hard to be polite but you are testing my patience. why do you bother to answer when you dont have anything to add?. Keenly check the 485 data is already in my list. :rolleyes:
There's no need for you get involved here. Have a good day.
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H1BLegal95
05-24 03:27 PM
It looks to me green manicured lawns and sausage making factories have been prioritized over cisco routers and Software products.
It will come back to bite them. When skilled labor force leaves the country. skilled jobs will leave with them.
It will come back to bite them. When skilled labor force leaves the country. skilled jobs will leave with them.
mariner5555
05-01 03:26 PM
I watched the entire webcast of the hearing...thank you very much for the link.
It clarified few very important issues:
1. Processing of I 140 is not happening FIFO, as mentioned by USCIS: it is happening based on whether priority date is current or not. So the cut off date mentioned in "processing time" is not valid as such, but may give some idea.
2. Visa recapture may provide some relief, but not very likely to provide "huge" relief. However, both USCIS and DOS appeared to be favoring the visa recapture policy.
3. Very interestingly, per country quota issue was brought up, and DOS thought that it would increase the workload too much. Looking at the current numbers, that may not be as bad as they think; but they are the experts!
With the spill of usused EB2 ROW to India and China, indirectly, per country limit sort of gets overcome to some extent any way.
Future of EB3 remains uncertain.
The most interesting fact that I did not know: More than a million GCs are approved each year and only < 140k are for EB immigration. In other words, > 86% of GCs are issued on family basis or "no limit" categories. I do believe that many of the US citizens, politicians and media would have no clue about this fact... Why is there so much of oppostion of EB immigration which brings talent to the country while it accounts for < 14% of all legal immigration!
Loo Dobbs must cry on non EB immigration!!
did they elaborate on the words above "future of EB3 remains uncertain" ??
It clarified few very important issues:
1. Processing of I 140 is not happening FIFO, as mentioned by USCIS: it is happening based on whether priority date is current or not. So the cut off date mentioned in "processing time" is not valid as such, but may give some idea.
2. Visa recapture may provide some relief, but not very likely to provide "huge" relief. However, both USCIS and DOS appeared to be favoring the visa recapture policy.
3. Very interestingly, per country quota issue was brought up, and DOS thought that it would increase the workload too much. Looking at the current numbers, that may not be as bad as they think; but they are the experts!
With the spill of usused EB2 ROW to India and China, indirectly, per country limit sort of gets overcome to some extent any way.
Future of EB3 remains uncertain.
The most interesting fact that I did not know: More than a million GCs are approved each year and only < 140k are for EB immigration. In other words, > 86% of GCs are issued on family basis or "no limit" categories. I do believe that many of the US citizens, politicians and media would have no clue about this fact... Why is there so much of oppostion of EB immigration which brings talent to the country while it accounts for < 14% of all legal immigration!
Loo Dobbs must cry on non EB immigration!!
did they elaborate on the words above "future of EB3 remains uncertain" ??
Sheila Danzig
07-04 01:35 PM
Incorrect!
In order to have experience and education equating to an advanced degree under section 203(b)(2) of the Act, the beneficiary must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree. 8 C.F.R. 5 204.5(k)(2).
In other words, 3 year BSc + 2 Yr MSc can NOT be combined for eb2.
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/May192009_01B5203.pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/May222009_01B5203.pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Mar272009_03B5203.pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Jun052009_01B5203.pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Jun192009_01B5203.pdf
__________________
Not a legal advice.
It would appear so but USCIS issued guidelines to the contrary at an AILA Liaison meeting. The AILA Liaison Meeting notes are generally followed by the adjudicators. Check with an attorney if this applies to your case.
In order to have experience and education equating to an advanced degree under section 203(b)(2) of the Act, the beneficiary must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree. 8 C.F.R. 5 204.5(k)(2).
In other words, 3 year BSc + 2 Yr MSc can NOT be combined for eb2.
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/May192009_01B5203.pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/May222009_01B5203.pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Mar272009_03B5203.pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Jun052009_01B5203.pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2009/Jun192009_01B5203.pdf
__________________
Not a legal advice.
It would appear so but USCIS issued guidelines to the contrary at an AILA Liaison meeting. The AILA Liaison Meeting notes are generally followed by the adjudicators. Check with an attorney if this applies to your case.
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