Can Post docs apply for EB1-OR?

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Reza-EB2 NIW

Registered Users (C)
Folks,
I would like to clarify something here. Can ever post-docs apply for EB1-OR? considering that their position is not permanent.
I just saw a posting in this threas about possible consideration of those researchers who are working on a yearly basis contract. If they can prove that their research funding has been funded regularly, then their position can be considered "permanent".
Does anybody knows a lawyer who is willing to file EB1-OR for a post-doc?

Thanks
EB2-NIW
 
Usually the issue is not whether there is a lawyer willing to do this but whether your employer is willing to sponsor EB1-OR and certify that your position is permanent.
Reza-EB2 NIW said:
Folks,
I would like to clarify something here. Can ever post-docs apply for EB1-OR? considering that their position is not permanent.
I just saw a posting in this threas about possible consideration of those researchers who are working on a yearly basis contract. If they can prove that their research funding has been funded regularly, then their position can be considered "permanent".
Does anybody knows a lawyer who is willing to file EB1-OR for a post-doc?

Thanks
EB2-NIW
Click to expand...
 
Reza-EB2 NIW said:
Folks,
I would like to clarify something here. Can ever post-docs apply for EB1-OR? considering that their position is not permanent.
I just saw a posting in this threas about possible consideration of those researchers who are working on a yearly basis contract. If they can prove that their research funding has been funded regularly, then their position can be considered "permanent".
Does anybody knows a lawyer who is willing to file EB1-OR for a post-doc?

Thanks
EB2-NIW
Click to expand...

Postdoc is not a permanent position. If you can get a letter from University HR saying that your position is permanent then chance of approval for EB1-OR is higher. I think this is very difficult. I have some postdoc friends applied in EB1-OR and got rejected due to temporary position but one of them got approved though. I would say he was lucky, showed a huge grant from his research, and his boss wrote to strong letter saying he will keep him forever. I can say it is risky to for EB1-OR as a postdoc. EB1-EA and EB2-NIW are best choice.
 
2006Hunter said:
Postdoc is not a permanent position. If you can get a letter from University HR saying that your position is permanent then chance of approval for EB1-OR is higher. I think this is very difficult. I have some postdoc friends applied in EB1-OR and got rejected due to temporary position but one of them got approved though. I would say he was lucky, showed a huge grant from his research, and his boss wrote to strong letter saying he will keep him forever. I can say it is risky to for EB1-OR as a postdoc. EB1-EA and EB2-NIW are best choice.
Click to expand...

Hunter!! I am bit deviating from you. Even if you are a post doc in University and if you show the long history of grants then USCIS will consider as a "permanent" (kind of) position. Ofcourse your boss has to write a strong letter saying that he/she is going to keep you forever. that is the key. Recently there was a press release from USCIS pointing out that a person having renewable contract (salary comes from the grant) for many years then their position will be considered as Permanent (see the attachment file).

I tried to apply under EB-1 OR category in the month of April 2006 and Our university did not accept this fact and they said they cannot sponsor my petition. Ultimately I decided to go for EB-1EA.
 
madgu-gc2005 said:
Hunter!! I am bit deviating from you. Even if you are a post doc in University and if you show the long history of grants then USCIS will consider as a "permanent" (kind of) position. Ofcourse your boss has to write a strong letter saying that he/she is going to keep you forever. that is the key. Recently there was a press release from USCIS pointing out that a person having renewable contract (salary comes from the grant) for many years then their position will be considered as Permanent (see the attachment file).

I tried to apply under EB-1 OR category in the month of April 2006 and Our university did not accept this fact and they said they cannot sponsor my petition. Ultimately I decided to go for EB-1EA.
Click to expand...

OK, I would say be careful. I am afraid to give any positive assurance as a postdoc for EB1-OR even you get multiple grants based on my experience.
 
It is very difficult to convince BCIS about your permanent position when you are post doc. Maximum RFE generated for Eb1-OR reflects that in 2004-2005(for some reason from NSC)...............grants only show where you are getting paid.............yours or ur bosses grants is always temporary things..........good or bad it means temporaray.........if someone got approval ...i will say he/she is lucky or intelligent enough to prove permnant position inspite of being temporaray/training..................under normal condition BCIS trust collective letters from human resource, dean/director, business office and immediate boss............source of salary ...is important issue there too.
 
if university accepts you as almost permanent cant you switch to the next employment level like "Reasearch Associate"..........one of my friend did not switch to save taxes.....and he filed recently under NIW....he got approved....
 
As far as I underestood, if I convince our Human Resource people to file my petition then I will be fine. It will be tough but I need to prove them that even the yearly contracts can be considered "permanent" for USICS folks.
It seems that a lawyer or myself can not file for EB1-OR. Even if our HR and my boss write support letters. The I-140 should be filed by the HR, am I right?

Thanks
 
No, you are not.

Reza-EB2 NIW,

First of all, Human Resources department does not file I-140. University immigration lawyer or paralegal does.

As eb1doc pointed out earlier, it would be a up-hill battle against USCIS to win the EB1-OR approval with a title of postdoctoral fellow or research associate. You may need to submit a lot of letters not only from your boss and HR, but also some one like Dean of College of Scinece. I have tried to file EB1-OR through university a few years ago, but my university said "NO" at the end citing a strict rule installed by NSC at that time.

My feeling is that you should be at least Research assistant professor, not a Research associate, to be qualified for EB1-OR petition. One may be lucky, however, to get approved for EB1-OR even with a postdoc position, as pointed out by 2006Hunter. Also different school would have different guidelines for OR petition.

I used EB-2 NIW and approved some time last year. Good luck!
 
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As freeman said it before HR DOESN'T file the i-140 the Univ lawyer does it.

First you have to get sponsored by the Univ. if they don't do it this is it.

Second: If they accept you should be payed from a grant that is at least secured for min 6years because this is the length of the H1 visa.

Third it has to be aproved by the dean :).

I talked to many Univ lawyers and all of them are against postdocs geting GC. They said that you should easily get it as soon as you get your permanent position.

NIW is the best (my opinion) because it is flexible, you can move easily. At least this is how I did it.
 
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