Anyone applied in EB 1after chamging areas

R

Ramesh Narayanan

New Member
I have a situation where I am considering applying in EB1. I have a PhD from a US university and started working in software after that. Since it is has become impossible to process EB3 within the 6yr H1 limit, I am thinking of giving EB1 a shot. Has anyone done this kind of a thing? Is there any implicit requirement that one has to be working in the area of the PhD to be eligible to file under EB1? Any advice would be appreciated.
Also, any advice on an attorney?

Thanks in advance

Seeking advice
 
No Title

I believe you have to be in the same area if you are applying for
EB1-O.R. How will the INS find out? OR is an employer-sposored
petition and I believe (not sure since I did not prepare m I-140)
that some job duties have to be listed in the 140 with your
employer signing it. Please look into that. Also, when you are getting
reco. letters, it might get a little tricky to avoid making comments
on your current work, especially if you worked in that job for a while.
Also, you if you get and RFE later on (for 485, asking for a list
of job duties) it will get tricky. If your current job has some relation
to your area of expertise, I think you could do it, though you
need to consult an experienced lawyer.
check
 
No Title

While it certainly helps to work in the area of the Ph.D, I dont
think there is anything that suggests that you ought to work
in the same area.

In any case, the usage of computers/programming is so common
in every engineering field. You can always try to prove that
your contributions in software etc. started in your field (say
chemical engineerings) and then you expanded your programming
expertise to other areas (financial) etc.

It all depends on how you present your case.

I myself have 2 M.S. degrees (Materials and CSE) and I have
presented my case with both degrees, saying how my cross
discipline contribution is so damn cool.

The more I think about this EB-1 stuff (self-petition) I believe
anyone with an M.S. degree, 4-5 years of experience, 2-3 published
papers would qualify for EB-1 depending upon how the case is
presented, letters of recommendation etc. I believe that one
can do the self-petition by oneself, but having a lawyer helps.

To keep this in balance I would like to point out that my
EB-1 (self-petition) I-140 is still in the RFE stage.
 
No Title

And I\'m looking foward to hearing about the result of your response to the RFE.

Good luck.

PS. The RFE for my self-petition is on its way.
 
No Title

Hi Amir

Please do let us know about what the RFE says.
I will keep everyone informed about the result of my RFE

Good luck to you also!
 
No Title

I thought you had seen it in the other thread ?
It does really belong here in the NIW thread.

Cutting and pasting...

0. Submit evidence that I will continue work in my area of expertise.

1. Asks for more letters from individuals out of my immediate circle
   saying how extra-ordinary I am. All my previous letters were from
   professors, bosses etc.

2. Re-state salary

3. I am the co-author of one paper. Asks for specific
   collaborative contributions on my part.

4. Asks if the work I have done in two areas are available to
   the public or just for the clients I worked with.

5. Seeks to clarify the role I have played by being the judge
   of others.
 
No Title

I recall this posting; thanks anyway. Appreciate your effort.

Guess, I\'ll make a copy of your posted message.

Good luck.
 
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