L*********h
发帖数: 2617 | 1 我是在暑假的 pre OPT期间申请的
这个据信写得真是跟office action一个味道的，甚至还不如
被据理由是没有出示证明your employer applied to USCIS and was granted an F1
visa allowing you to be employed or trained in the capacity of representing
patent applicants before the USPTO by preparing and prosecuting their patent
applications.
问题是在OPT期间，employer跟USCIS哪会有什么事啊
那应该是H-1B job description里面employer应该有些可写得
我觉得这examiner把OPT和H-1B搞混了
我从这个版上得到的印象是
To be eligible to take the patent bar exam, an OPT status is sufficient. H-
1B status is required only if I pass the patent bar exam and need a patent
agent registration number.
另外一点是我的pre OPT已经在8月3日过期了。examiner拿这一点卡我，有什么办法么
？我觉得这是一大硬伤，怪我申请太晚。但也听说过有人暑假用pre OPT报名成功阿。 | D******D
发帖数: 1022 | | L*********h
发帖数: 2617 | 3
H-1B with job description mentioning patent prosecution apparently works.
but i know numerous people that took the patent bar exam during OPT. they
just can't get the Agent # until they get H-1B.
maybe rules are tightened now and USPTO wants to further limit aliens.
【在 D******D 的大作中提到】
: http://www.mitbbs.com/article_t/Law/31201693.html
| D******D
发帖数: 1022 | 4 I don't know where you get the information "numerous people that took the
patent bar exam during OPT". And even if that is the case, I doubt you can
use pre-opt to register. I never heard of that, oh well maybe my knowledge
of registration process is very limited.
【在 L*********h 的大作中提到】
:
: H-1B with job description mentioning patent prosecution apparently works.
: but i know numerous people that took the patent bar exam during OPT. they
: just can't get the Agent # until they get H-1B.
: maybe rules are tightened now and USPTO wants to further limit aliens.
| L*********h
发帖数: 2617 | 5 source is several friends' personal experience.
i guess USPTO just has new rules. maybe they don't want to see too many
aliens taking the patent bar.
【在 D******D 的大作中提到】
: I don't know where you get the information "numerous people that took the
: patent bar exam during OPT". And even if that is the case, I doubt you can
: use pre-opt to register. I never heard of that, oh well maybe my knowledge
: of registration process is very limited.
| L**P
发帖数: 3792 | 6 Maybe your friends were using OPT to take a patent prosecution job, then it
was possible for them to take the bar exam. Some Chinese law student on
this board did that years ago. Even so, it is not what you described. An OPT
is NOT enough, he/she got rejected first and finally got through by proving
his/her OPT job is related to patent prosecution. His/Her employer provided
a
letter to support him/her. Luckily, USPTO accepted the employer letter and
did not request any USCIS document. Nowadays, USPTO is asking for USCIS
documents and will unlikely to accept a random employer letter.
Now that you don't have a valid OPT and don't have a patent prosecution job
, my guess is no chance for you to take the bar exam. Even if you have a
prosecution job with your OPT, a USCIS document is required and you don't
have that since your OPT is essentially F1 (not in law school?). Or you may
try
your luck with a employer letter which worked years ago. But who knows,
there
are always miracles.
【在 L*********h 的大作中提到】
: source is several friends' personal experience.
: i guess USPTO just has new rules. maybe they don't want to see too many
: aliens taking the patent bar.
| L*********h
发帖数: 2617 | 7 i know a friend who took patent bar right after the state bar. he didn't
have a job at that time.
the thing is, say I have OPT and a patent prosecution job, all I have is an
offer letter.
this examiner is asking for documents with USCIS.
the employer won't have anything to do with USCIS until sponsoring my H-1B.
it
OPT
proving
a
job
【在 L**P 的大作中提到】
: Maybe your friends were using OPT to take a patent prosecution job, then it
: was possible for them to take the bar exam. Some Chinese law student on
: this board did that years ago. Even so, it is not what you described. An OPT
: is NOT enough, he/she got rejected first and finally got through by proving
: his/her OPT job is related to patent prosecution. His/Her employer provided
: a
: letter to support him/her. Luckily, USPTO accepted the employer letter and
: did not request any USCIS document. Nowadays, USPTO is asking for USCIS
: documents and will unlikely to accept a random employer letter.
: Now that you don't have a valid OPT and don't have a patent prosecution job
| L**P
发帖数: 3792 | 8 I know what you are saying, but I doubt you can do anything with the
examiner. Besides the USCIS/immigration/OPT thing, your OPT already expired
and it is too late to argue.
The point is that your need to prove your immigration status is in line with
patent prosecution. So you need to prove that your OPT is in line with
patent prosecution. For the law student I mentioned, he succeeded because
his OPT is first from his F1 in law school, so at least his OPT is related
to law and then he gave a employer's letter to support his OPT job is in
patent law.
Do you have a OPT from a law school F1? If so, you have some chance and pray
that the examiner accept your empolyer's letter.
an
【在 L*********h 的大作中提到】
: i know a friend who took patent bar right after the state bar. he didn't
: have a job at that time.
: the thing is, say I have OPT and a patent prosecution job, all I have is an
: offer letter.
: this examiner is asking for documents with USCIS.
: the employer won't have anything to do with USCIS until sponsoring my H-1B.
:
: it
: OPT
: proving
| L*********h
发帖数: 2617 | 9 i'm a law student, too.
i have the employer's offer letter, which is a GP firm's summer offer. so
it might not make much difference.
anyways, i'm not counting on changing anything at this point.
i was hoping to take the patent bar before Oct 3, when the major change to
the exam happens. now i won't make it.
but if USPTO now really requires an approved H-1B, then i can't even take
patent bar until Oct 2013, when H-1B takes effect. that's the part i'm
really concerned about.
expired
with
pray
【在 L**P 的大作中提到】
: I know what you are saying, but I doubt you can do anything with the
: examiner. Besides the USCIS/immigration/OPT thing, your OPT already expired
: and it is too late to argue.
: The point is that your need to prove your immigration status is in line with
: patent prosecution. So you need to prove that your OPT is in line with
: patent prosecution. For the law student I mentioned, he succeeded because
: his OPT is first from his F1 in law school, so at least his OPT is related
: to law and then he gave a employer's letter to support his OPT job is in
: patent law.
: Do you have a OPT from a law school F1? If so, you have some chance and pray
| L**P
发帖数: 3792 | 10 then your situation is better. As a reminder, be sure to include important
key words "patent prosecution" in your offer letter and your H1B application
package. You can try to persuade the examiner during your next OPT. Your
OPT
authorizes you to work in law (give them your I-20 stuff and law school
enrollment stuff) and your job is specifically related to patent law (give
your offer letter talking about your job is patent prosecution), so you are
authorized to work in patent law, so you are qualified.
No need to worry about the new rules. Exams are exams, you will get over it.
【在 L*********h 的大作中提到】
: i'm a law student, too.
: i have the employer's offer letter, which is a GP firm's summer offer. so
: it might not make much difference.
: anyways, i'm not counting on changing anything at this point.
: i was hoping to take the patent bar before Oct 3, when the major change to
: the exam happens. now i won't make it.
: but if USPTO now really requires an approved H-1B, then i can't even take
: patent bar until Oct 2013, when H-1B takes effect. that's the part i'm
: really concerned about.
:
| L*********h
发帖数: 2617 | 11 i hope so.
it's pretty much all up to USPTO's discretion.
important
application
give
are
it.
【在 L**P 的大作中提到】
: then your situation is better. As a reminder, be sure to include important
: key words "patent prosecution" in your offer letter and your H1B application
: package. You can try to persuade the examiner during your next OPT. Your
: OPT
: authorizes you to work in law (give them your I-20 stuff and law school
: enrollment stuff) and your job is specifically related to patent law (give
: your offer letter talking about your job is patent prosecution), so you are
: authorized to work in patent law, so you are qualified.
: No need to worry about the new rules. Exams are exams, you will get over it.
|
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