CSC EB-1b (OR) application: HELP for RFE!!!

csc-eb1b

Registered Users (C)
Hi,

I wonder whether any people on this list can give me some advice on my
case. From you opinion, how about the chance of approval if I submit
the required evidence?

I applied for eb-1b (OR) to the CSC INS in the middle of this
January. And I just got a RFE letter from INS last week. In the letter
it is said:

"The petition has been reviewed and has been found to be deficient....
please submit evidence that addresses the deficiencies below:
(1) the significance of the beneficiary\'s awards has not been established
    ..... please submit evidence to establish the origin, purpose.....

     I got two (minor) awards from IEEE and ACM in the form
    of student travel grants. Those are used to sponse a Ph.D student to
    attend IEEE/ACM conference. I don\'t know whether they are counted.

(2) provide the minimum requirements and crieria of membership.....
     I am memembers of both IEEE and ACM. Will that count?

(3) provide evidence to establish the significance of the published
    material submitted about the beneficiary\'s work, as an individual, and
    how it demonstrates international recognition for outstanding
    achievement compared to others in their academic field. Indicate the
    publication\'s name; if it has local, national, or international
    circulation; how often it is printed; and the number of copies printed.

     I obtained my Ph.D in 2000. I have 10 published pagers,
    technical reports, release software, etc. I have also one pending
    patent. There are more than 25 citations on my work.

(4) provide evidence that the beneficiary has at least three years of
    experience in teaching and/or research in the academic field.....

     I submitted my resume to INS. And I also asked my Ph.D
    advisor to write a recommendation letter in which he stated that I
    have been doing research with him from 1995-2000.

Ok, that is all. I wonder whether some one can shed some light on my case
and give me some suggestion on how to deal with the RFE? And from your
understanding, what would be my chance to get approved if I submitted the
above required evidence?

Moreover, as we understand, it is not necessary for an applicant to
satisfy all the 6 aspects required by INS. 2 or more should be fine.
So, based on my following qualification, how about my chance?

Here is my qualification:
-Ph.D in Computer Science
-10+ published materials, one pending patent
-25+ citation to my work
-reviewed lots of other scholar\'s work/paper and current in the review
 committe of an internation journal
-did summer research intern in different industrial research labs.
-2 (minor) awards: travel grants for attending IEEE/ACM conferences
    

Thank you very much in advance!

-csc-eb1b
 
I know some other approved cases which are not strong as yours. Go ahead and good luck!

 
 
Thank you for your encouragement. ....

I am now working with my attorney and hopefully I can make it.
Again, thank you!

-csc-eb1b
 
I used to post message here as eb1tsc.

csc-eb1b, you have a very strong academic background. But that does not mean you have a very strong case for EB1-OR. Anyway, you have a very good chance to get an approval.

For international recognition, you need support letters from people out of USA. In such letters of mine, I put words like "Dr. XXX is a leading scientist in ... field. I am planning to invite him/her to give a talk or seminar in our department/university. I hope we will have some research collaboration in ..."

Your membership and award/prize do not qualify EB1 requirements. But they are better than nothing. In particular, you should stress the significance of your awards such as how many candidates competed for the awards. You may also say this prestigious award is for young promosing scientist who excels in ... field. Try to make it a big deal.

RA can be counted toward three years experience. You must clearly state how many hours you worked for how many years. You advisor\'s letter should state this fact.

In the cover letter, you should clearly identify what you qualify. Never let IIO figure out or guess if you qualify for EB1-OR. In my opinion, you qualify (1) Original contribution with your papers and patents and (2) Publications with international circulations. Citations and awards may be counted as additional two, but they are a bit weak.

NEVER NEVER NEVER trust your attorney. He or she is just interested in your money. If your case be denied, it does NOT hurt him or her at all, instead it gives him/her a new business opportunity. On the contrary, it might lead you a miserable or bitter life. Do not give up. You have a very good chance. Good luck.
 
Thank you for your feedback! They are very useful!

eb1tsc:

I also got the feeling that my attorney is not so powerful and experienced in handling eb1(OR) case. However, I just had no choice -- my company only allows an applicant to use the company\'s contract lawyer. The reason I got the feeling is the 3-year experience problem. My attorney did not tell me to request a letter from my former employer (i.e., my ph.d advisor in graduate school, the industrial research labs I ever worked for). For myself, I don\'t know it. But, as a lawyer who is handling eb1(OR) case, he should know it!

eb1tsc, for "international recognition", I want to do the following:
(1) I got seven recommendation letters (4 US and 3 international). All of them have mentioned my work/publications and consider them as outstanding. Should I ask for more from international scholars?
(2) I found more than 25+ citation to my work. This time, I want to get all those papers, highlight what they referenced from my publications, and send all of them to INS -- how about it?

eb1tsc, I remember that you are only required to qualify for (at least) 2 of the 6 points issued by INS. Is that right?

eb1tsc, thank you so much for your help!

-csc-eb1b
 
Yes, you must qualify at least 2 out of 6 criteria.

Anybody with publications can meet two bottom line requirements. You need more for approval.

7 letters are more than enough to respond to an RFE. When you list your citations, write one or two sentences to show why someone cited your work. I used something like "my work laid a theoretical foundation for their research ..." or "my work was cited as the latest development in the field of ...". This is also a place to claim international recognition if authors out of USA cited your work very often.

I did not have 3 years experience in the US. I used the time as an RA and my employment in my home country.

In all support letters I used these words very often: leading scientist in ..., one of very few scientists who have thorough understanding of .... When you narrow the field down, you will find that you are really one of very few .. in ... You may not be a leading mathematician, but think about it this way: math --> applied math --> numerical methods --> finite element methods --> mesh generation. Now you can say that I am one of very few who can generate some kind of optimized mesh. Never lie! Be smart! Good luck.
 
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