Fresh PhD : eligible for EB1 OR

invader

New Member
Can someone tell me if my case is a good case for the EB1 OR category.

1. PhD in computer engineering from a top-10 US school. Been a research
assistant for 4 years.
2. Currently employed (for > 1 year) with a firm of 300 people in CA in a
research position. (But the title is pretty generic. Sr. Software Engineer)
3. About 15 publications (6 in academic journals and 9 in conferences)
Out of them about 5 are well cited (>5 citations each)
4. Current salary level is Software Engineer level IV.
5. On the technical program commitee of one international conference.
6. No major international awards.

My lawyer says an EB2 PERM application is better. But then he is a company
lawyer and I am worried about the EB2 retrogressions.

Thanks in advance
invader
 
invader said:
Can someone tell me if my case is a good case for the EB1 OR category.

1. PhD in computer engineering from a top-10 US school. Been a research
assistant for 4 years.
2. Currently employed (for > 1 year) with a firm of 300 people in CA in a
research position. (But the title is pretty generic. Sr. Software Engineer)
3. About 15 publications (6 in academic journals and 9 in conferences)
Out of them about 5 are well cited (>5 citations each)
4. Current salary level is Software Engineer level IV.
5. On the technical program commitee of one international conference.
6. No major international awards.

My lawyer says an EB2 PERM application is better. But then he is a company
lawyer and I am worried about the EB2 retrogressions.

Thanks in advance
invader

Your case for EB-1 OR may have to revolve a lot around your current responsibilities. Even though they may be proprietary, they are probably revelant. I think you are a shoe-in for EB2 PERM...OR case is a little weak.

Brian
 

1. PhD in computer engineering from a top-10 US school. Been a research
assistant for 4 years.


well this can be just base impression but will not help to get OR

2. Currently employed (for > 1 year) with a firm of 300 people in CA in a
research position. (But the title is pretty generic. Sr. Software Engineer)


you will overcome permanent position issue.

3. About 15 publications (6 in academic journals and 9 in conferences)
Out of them about 5 are well cited (>5 citations each)

6 papers with 25 citations - its o.k now its upto you to get good letters to support your case. conference papers are supporting data not add much to case unless you are awrded specially for these.

4. Current salary level is Software Engineer level IV.
i am not sure whether while looking at OR case they will pay emphasis on high salary issue

5. On the technical program commitee of one international conference.

that will help

6. No major international awards.
will pull down the case

My lawyer says an EB2 PERM application is better. But then he is a company
lawyer and I am worried about the EB2 retrogressions.

IMO he is right! case need lots of work for EB1-OR ...skills to present case...lots of good quality letter to establish that you are top 1-2 % in that area ..............
 
invader said:
Can someone tell me if my case is a good case for the EB1 OR category.

1. PhD in computer engineering from a top-10 US school. Been a research
assistant for 4 years.
2. Currently employed (for > 1 year) with a firm of 300 people in CA in a
research position. (But the title is pretty generic. Sr. Software Engineer)
3. About 15 publications (6 in academic journals and 9 in conferences)
Out of them about 5 are well cited (>5 citations each)
4. Current salary level is Software Engineer level IV.
5. On the technical program commitee of one international conference.
6. No major international awards.

My lawyer says an EB2 PERM application is better. But then he is a company
lawyer and I am worried about the EB2 retrogressions.

Thanks in advance
invader


As the topic you wrote" Fresh PhD - eligible for EB1 OR" and then you wrote "Been a research assistant for 4 years." Does this means the research assistant job was part of your PhD and you just finished your PhD before moving to your company or was the research assistant job a post doc position ? To go for EB-1 OR you have to have at least three years of research experience not counting the PhD.
 
I think you will do fine for OR, as long as your job is that of a researcher., and your company is well reputed. Your case will hinge on the letters that you can get.

Honkman, for Christ's sake stop telling people that they need 3+ years experience post Ph.D. for OR. THIS IS NOT CORRECT. I got my OR approved right after my Ph.D., and I know many other such cases.
 
Well, this is well disucssed topic in this forum in the past.
I am not expert but I will partially agree with both just because I remember reading on BCIS site that number of years phD research experience will be counted if the researcher is later involved in similar (its easy to corelate it to that level) kind of research as that of phD...(Like bio-bio, chem-chem)....AND YES even i have seen such cases approved earlier. ....
 
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Its upto you me BCIS and your research!

Twmlaw.com on this issue!!

"Few of the AAO decisions we reviewed hinged on the regulatory option that pre-doctoral research counts toward the three-year requirement. However, as a practical matter it is hard to prove that a beneficiary with less than three years of post-doctoral research has an international reputation in their field."In such a case, the petition must clearly document the outstanding nature of any pre-doctoral research

So if you beleive that it is going to be easy for you to prove you are outstanding in phD and psot phD research together....you are there.
 
Agree!

Well Said. I already got my card in hand less than three years after graduation. If you can prove you have done outstanding work as a graduate student, that time will count.

PAforGC



tony403 said:
I think you will do fine for OR, as long as your job is that of a researcher., and your company is well reputed. Your case will hinge on the letters that you can get.

Honkman, for Christ's sake stop telling people that they need 3+ years experience post Ph.D. for OR. THIS IS NOT CORRECT. I got my OR approved right after my Ph.D., and I know many other such cases.
 
tony403 said:
I think you will do fine for OR, as long as your job is that of a researcher., and your company is well reputed. Your case will hinge on the letters that you can get.

Honkman, for Christ's sake stop telling people that they need 3+ years experience post Ph.D. for OR. THIS IS NOT CORRECT. I got my OR approved right after my Ph.D., and I know many other such cases.


Nice for you but perhaps one day even you will understand that there are certain official rules which might apply or not and people should know them to make their own judgement. No idiot like you is making the rules but the USCIS. And if you look on their webpage you will see that scientists "must have at least three years experience in teaching or research in that academic area". You might go around that if you have enough international reputation directly after your PhD but that is not the rule. And I know also several cases where people got RFEs to show that they have three years of research experience after their PhD, so shut up.
 
Thank you all for your suggestions. So it seems that things that will be
against me would be the 3 years of research experience (PhD research may
or may not count.), and major international awards.

I should be able to get good recommendation letters from top people
(a few of them outside of US). My current position is also involved in
similar work as PhD.

Does anyone have any idea how long the EB2 retrogressions will last (once
they come into effect in Dec as expected). If I go the EB2-PERM way then
I will be able to apply for LC only in about 3 months from now. By that time
the retrogression will become an issue for I-485.

Thanks
Invader




eb1doc said:

1. PhD in computer engineering from a top-10 US school. Been a research
assistant for 4 years.


well this can be just base impression but will not help to get OR

2. Currently employed (for > 1 year) with a firm of 300 people in CA in a
research position. (But the title is pretty generic. Sr. Software Engineer)


you will overcome permanent position issue.

3. About 15 publications (6 in academic journals and 9 in conferences)
Out of them about 5 are well cited (>5 citations each)

6 papers with 25 citations - its o.k now its upto you to get good letters to support your case. conference papers are supporting data not add much to case unless you are awrded specially for these.

4. Current salary level is Software Engineer level IV.
i am not sure whether while looking at OR case they will pay emphasis on high salary issue

5. On the technical program commitee of one international conference.

that will help

6. No major international awards.
will pull down the case

My lawyer says an EB2 PERM application is better. But then he is a company
lawyer and I am worried about the EB2 retrogressions.

IMO he is right! case need lots of work for EB1-OR ...skills to present case...lots of good quality letter to establish that you are top 1-2 % in that area ..............
 
invader said:
Does anyone have any idea how long the EB2 retrogressions will last (once
they come into effect in Dec as expected). If I go the EB2-PERM way then
I will be able to apply for LC only in about 3 months from now. By that time
the retrogression will become an issue for I-485.

Thanks
Invader

Frankly, retrogressions concept confuses me!
I am hearing that EB2 is getting retrogressed sooner or later...but i am seeing EB2 approval more than anyother category. EVen if it is ......getting retro soon.....isn't that for/till oct 2005. After that again it will be avaliable......in any case retrogression doesnot stop you from applying in that category....they will also process application after retro but will not approve any!!!!
 
Nice for you but perhaps one day even you will understand that there are certain official rules which might apply or not and people should know them to make their own judgement.

This is exactly why you should not be making blanket statements such as needing three years post Ph.D. The requirement is three years research experience. Show me a USCIS regulation that requires this, or a case that was rejected specifically because of it lacked three years of post-Ph.D. experience. Failing to deomnstrate that the Ph.D. work is not internationally recognized does not count. There are plenty of these.

No idiot like you is making the rules but the USCIS. And if you look on their webpage you will see that scientists "must have at least three years experience in teaching or research in that academic area".

See above. This idiot has a Ph.D. and is an internationally recognized researcher (not just by USCIS standards).

You might go around that if you have enough international reputation directly after your PhD but that is not the rule. And I know also several cases where people got RFEs to show that they have three years of research experience after their PhD, so shut up.

Did these people get rejected ultimately? The RFE's probably were because the outstanding nature of the Ph.D. research were not addressed.

I agree that applying for OR without three years experience as a post-Ph.D. researcher is not the norm, because of the legal issues involved. However, it is not impossible, which is what you keep preaching. Don't discourage people from looking into this avenue just because they lack the post-PhD. three years of experience. Bottom line is, a Ph.D. is not even officially required for any of these categories....
 
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tony403 said:
Nice for you but perhaps one day even you will understand that there are certain official rules which might apply or not and people should know them to make their own judgement.

This is exactly why you should not be making blanket statements such as needing three years post Ph.D. The requirement is three years research experience. Show me a USCIS regulation that requires this, or a case that was rejected specifically because of it lacked three years of post-Ph.D. experience. Failing to deomnstrate that the Ph.D. work is not internationally recognized does not count. There are plenty of these.

No idiot like you is making the rules but the USCIS. And if you look on their webpage you will see that scientists "must have at least three years experience in teaching or research in that academic area".

See above. This idiot has a Ph.D. and is an internationally recognized researcher (not just by USCIS standards).

You might go around that if you have enough international reputation directly after your PhD but that is not the rule. And I know also several cases where people got RFEs to show that they have three years of research experience after their PhD, so shut up.

Did these people get rejected ultimately? The RFE's probably were because the outstanding nature of the Ph.D. research were not addressed.

I agree that applying for OR without three years experience as a post-Ph.D. researcher is not the norm, because of the legal issues involved. However, it is not impossible, which is what you keep preaching. Don't discourage people from looking into this avenue just because they lack the post-PhD. three years of experience. Bottom line is, a Ph.D. is not even officially required for any of these categories....


"Failing to deomnstrate that the Ph.D. work is not internationally recognized does not count. There are plenty of these."

You are making the mistake to look at these both issues separately. In those cases (like the one which started the thread) which are IMO relatively weak the three year experience might play a major role since those candidates might have problems anyway to demonstrate that they have enough international recognition. Not having the three year post-Ph.D. research experience will set the bar even higher.

"This idiot has a Ph.D. and is an internationally recognized researcher"

But you are always assuming that everybody has the same backgorund as you, won't have any problems with this issue and that is plain wrong and misleading. You shouldn't always set your own case as the USCIS standard but telling other what are the general requirements for OR. You are assuming that it is not a problem for everybody to show that their results during their PhD are outstanding enough to be counted and here I disagree.

"Did these people get rejected ultimately? The RFE's probably were because the outstanding nature of the Ph.D. research were not addressed."

Yes, they got rejected. And as I wrote above, I think not having three years of research experience will set the bar much higher to prove oustanding achievments then with three years experience. And that is the point I think we both disagree.

"However, it is not impossible, which is what you keep preaching. Don't discourage people from looking into this avenue just because they lack the post-PhD. three years of experience."

I don't discourage people but just name all possible problems. You on the other side should bring up all facts and not ignoring some of them if they don't fit in yout arguments. BTW, if somebody relies only on some threads on a message board for the decision to start the EB-1 OR process he is doing something wrong anyway.
 
eb1doc said:
Frankly, retrogressions concept confuses me!
I am hearing that EB2 is getting retrogressed sooner or later...but i am seeing EB2 approval more than anyother category. EVen if it is ......getting retro soon.....isn't that for/till oct 2005. After that again it will be avaliable......in any case retrogression doesnot stop you from applying in that category....they will also process application after retro but will not approve any!!!!


IMO, the larger numbers of EB2 approval makes it even more like to get retrogression soon, since there are only a limited number of GC numbers available for each group. (EB-1, EB-2, EB-3 etc.). And it won't stop you from applying in that category and get I-140 approved but it might take many years to get I-485 approved and that is the problem of retrogression.
 
honkman said:
IMO, the larger numbers of EB2 approval makes it even more like to get retrogression soon, since there are only a limited number of GC numbers available for each group. (EB-1, EB-2, EB-3 etc.). And it won't stop you from applying in that category and get I-140 approved but it might take many years to get I-485 approved and that is the problem of retrogression.

This is exactly what I am worried about. My question is that for a person from India who
is a applying in 3 months for his PERM EB2 LC, what would be the expected wait period
for the I-485 taking into account the retrogression that is expected to happen. Guess it
is a very speculative question and probably not fit for this forum.
 
invader said:
This is exactly what I am worried about. My question is that for a person from India who
is a applying in 3 months for his PERM EB2 LC, what would be the expected wait period
for the I-485 taking into account the retrogression that is expected to happen. Guess it
is a very speculative question and probably not fit for this forum.


It is indeed hard to predict. You might want to take a look at this thread:

http://www.immigrationportal.com/showthread.php?t=182428&highlight=retrogression

They speculate between 1 to 4 years.
 
you have decent chances

invader, I think you have decent chance.

Our company has bunch of fresh PhD(Permanant Head Damages)
who got their GC approved via EB-1 OR. They all just have
a few publication with a few citations. I'm the one with
most # of citation at nearly 50 by now.

Their research during PhD program IS being considered as
real research. So no real problem.

Your publication is excellent for fresh PhD from Computer
Science/Engineering area, IMHO.

So I would say go for it.
And Note that you can do LC and EB-1 simultaneously !
(Not sure about PERM...)

Good luck!!!
 
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