Most of what GCTRAVEL said is correct except one: when your 140 is denied, you will be out of status immediately but it does not have retrospective influence.
I think your citation record and reviewer record are too weak for EB1A. It will be difficult if the officer wants to see more evidence in these two criteria. What you can do, I think, is to get more independent letters, and try to find more recent citations and get some more reviewer invitations.
wow, your publication record is really good. Don't know why you got a RFE for NIW. I agree with the opinion that your lawyer probably didn't do a good job. Since you have got a couple of more citations and 4 new papers (in good journals), I will just go head with these extra evidence along with...
Your background is good enough to make a strong and fairly easy NIW case. I suspect your self-prepared petition letter is flawed since the NOID you received questioned why you have to waive laber certification. I think now you should find a lawyer to answer this NOID letter since it is more...
I have seen people with weaker background than yours got their EB1A approved and people with much stronger background than yours got their EB1 denied.
The bottomline is you may meet the minimum requirements of EB1A but you may want to improve your credentials as much as you can to improve your...
I think more strong independent reference letters and good, independent comments or praises on your papers are crucial, which can prove you have made significantly larger impact than your peers. It will be better if you could find some media reports on your work.
Do you have a permanent position in your university since you are a department head? If you do, then you should go with EB1b. Your background appears acceptable for EB1A. If you have many citations, then your chance will be a little greater.
No, you are wrong. Check the USCIS FAQ and you will see you can't concurrently submit NIW or EB1 140 and 485 after 8/1/2007 since your PD will be in August and according to August Visa Bulletin, all visa categories are Unavailable.
I think his problem is: after he used EAD, can he still apply and get a H1B? H1B is dual intention but I don't think you can freely switch between 485-based EAD and H1B.
Yeah, I agree that the officer should be the one to blame, but my point is that since you do not have any control over the officer your case will be assigned to, What you can do is to realize your "weakness" and try to present the whole case as strong as possible. I have seen people with fewer...
Here are my 2 cents:
You do have a very good record of citations. But the number of publications, esp. you are only 1st author for two out of four papers you have, is definitely a red sign.
Apparently , you were also unlucky to have a very touch immigration officer. It seems to me that he is...
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