EA or OR ?

S

sib_gm

Registered Users (C)
Guys, this is an excellent forum and I learnt a lot from this. Here is my credentials, provide me your comments and answer to my questions, please.

1. PhD from top 20 University in Electrical Engineering, one of the best research program in the world.
2. 1st place: best paper prize award from IEEE for my conference paper (International), in consecutive two years in the same place.
3. Journal papers-3, conference papers-8. All in IEEE. All first authors.
4. Few Posters and few internal presentations inside University.
5. Patents: 6 pending (first authors), Patents: 10 (co-authors)-pending.
5. Maximum citation for one of my papers-10. I believe more are coming...
6. Reviewed 5 journal papers, reviewed few more conference papers.
7. Recommendations will be available from top people in the field who reviewed my paper and selected it in the 1st place that I said in 2.

Questions:
Q1: I think, my paper prize (2 consecutive years) will satisfy one criteria, this prize is from IEEE. Please comment on this.
Q2: I am optimistic that independent recommendation letters will help me in satisfying another criteria, please commnet on this.
Q3: I am doubtful of satisfying the third one: publications and citation. I can get one letter from one researcher (cited my paper) that he is extremely benefited from my work. Please provide me your thoughts on this.
Q4: Will my review work satisfy another criteria ???
Q5: Can I make a case that looks like: less publication but more impact. Even though my citations are less, does it look logical that the IEEE awards carry a good amount of impact.
Q6: Is it that the limited publication and limited citation will play negatively......!!!
Q7: I am working in a research group in a big company, they are not going to provide me any paper if I go for EA. Will my employement make EA case stronger: patent application or the area of research ?

I understand that my case may be better for OR, however I have to look at my manager for his favor.............How can I take advantage of my University Ranking and the reputation of the program from which I got my PhD.

Guys any input is appreciated,
 
sib_gm said:
Guys, this is an excellent forum and I learnt a lot from this. Here is my credentials, provide me your comments and answer to my questions, please.

1. PhD from top 20 University in Electrical Engineering, one of the best research program in the world.
2. 1st place: best paper prize award from IEEE for my conference paper (International), in consecutive two years in the same place.
3. Journal papers-3, conference papers-8. All in IEEE. All first authors.
4. Few Posters and few internal presentations inside University.
5. Patents: 6 pending (first authors), Patents: 10 (co-authors)-pending.
5. Maximum citation for one of my papers-10. I believe more are coming...
6. Reviewed 5 journal papers, reviewed few more conference papers.
7. Recommendations will be available from top people in the field who reviewed my paper and selected it in the 1st place that I said in 2.


uestions:
Q1: I think, my paper prize (2 consecutive years) will satisfy one criteria, this prize is from IEEE. Please comment on this.
Q2: I am optimistic that independent recommendation letters will help me in satisfying another criteria, please commnet on this.
Q3: I am doubtful of satisfying the third one: publications and citation. I can get one letter from one researcher (cited my paper) that he is extremely benefited from my work. Please provide me your thoughts on this.
Q4: Will my review work satisfy another criteria ???
Q5: Can I make a case that looks like: less publication but more impact. Even though my citations are less, does it look logical that the IEEE awards carry a good amount of impact.
Q6: Is it that the limited publication and limited citation will play negatively......!!!
Q7: I am working in a research group in a big company, they are not going to provide me any paper if I go for EA. Will my employement make EA case stronger: patent application or the area of research ?

I understand that my case may be better for OR, however I have to look at my manager for his favor.............How can I take advantage of my University Ranking and the reputation of the program from which I got my PhD.

Guys any input is appreciated,
Click to expand...

Go for OR. It is hard to claim EA since your publications are not extraordinary and the numbers are below average compared to other peers.
Good luck
 
you seems to on the fence but because the EB1 Premium processing is shut down its not worth applying for EB_EA now

otherwise prepare your petition for eb1-EA it will take about 3-4 months to prepare,around that time premium processing may have restarted if yes go ahead and apply 140 with pp.you will know you answer in months time if no PP then apply for EB1-OR
 
Part of the challenge of preparing these files is that you have to step back, and not think about what impresses your colleagues/the academic world, but rather what objective evidence can you provide that meets the criteria.

For example, saying you got your degree from a top 20 University is likely meaningless to USCIS, since that was simply part of your training. Top 20 based on what? Research dollars, GPA of undergraduates, success of graduates.... I'm just playing devil's advocate that anything relating to your training, rather than your "achievements in the field" will likely be called out. If you read through the appeals decisions on the USCIS website, the one consistent thing we see is the rejection of anything relating to doctoral or postdoctoral training (e.g. fellowships, or prizes for which only students/post-docs were eligible) are not counted because these criteria cannot possibly apply to all of the experts in the field --in fact, they were excluded from receiving these.

Likewise, while engineering colleagues may be very impressed with the name of the institution/mentor you trained with, USCIS would likely consider that part of your training... you really have to show that you are a standalone expert.

The other issue is patents pending... I have seen comments on appeals decisions that specifically say that you need to show that your work is being used by others, and that it is important. Anyone can file a patent for anything; this does not demonstrate any expertise in the field, only that you filed a patent.

The best paper prize does sound impressive though. If you can document that this prize was international, and anyone was eligible to win it (ie it wasn't a post-doc prize or best student paper prize), this should carry a great deal of weight, especially if you can get all of your letter-writers to go on and on about what an amazing achievement this is.

Best of luck!
 
Thanks all of you guys for your inputs. Here is my situation, company attorney does not want to take a chance even in OR probably because they are under the impression that EA and OR requires same credentials or may be some other reason that I donot know.........., I need to explore further. However, as I learnt from this forum, OR is a easier short than EA specifically if one has a permanent research job like me. So, I thought if I can take a chance for EA in case I fail to convince my company attorney for OR !!! what a pathetic situation....... ha ha !!!!

I certainly do not want to go for EB-2 (India) and wait for years ........

I do not see my senior students even having citations/publications as me, but got thier GC thro' OR already. What a company am I working for !!!

Once again thanks guys sharing your real experinence that you went thro'
 
sib_gm said:
Thanks all of you guys for your inputs. Here is my situation, company attorney does not want to take a chance even in OR probably because they are under the impression that EA and OR requires same credentials or may be some other reason that I donot know.........., I need to explore further. However, as I learnt from this forum, OR is a easier short than EA specifically if one has a permanent research job like me. So, I thought if I can take a chance for EA in case I fail to convince my company attorney for OR !!! what a pathetic situation....... ha ha !!!!

I certainly do not want to go for EB-2 (India) and wait for years ........

I do not see my senior students even having citations/publications as me, but got thier GC thro' OR already. What a company am I working for !!!

Once again thanks guys sharing your real experinence that you went thro'
Click to expand...

Dear sib_gm

I re-read your query in detail and I think which struck me is that you are not sure whether your company attorney will apply for EB1_OR. I hope you understand that only your company can apply for EB1_OR and not you. You can apply for on EB1_EA or EB2_NIW.

Secondly EB1_OR criteria are definitely less rigid than EB_EA but they require only two criteria to be satisfied unlike 3 in EB1_EA.furthermore the quality of criteria is slightly less strict
 
Thanks drak70 for your valuable input,

you are right, I can not apply for OR myself, company has to do that. However I am so unluky that instead of company helping me applying for OR, they are holding a conservative stand at this moment. Its a big company- they don't want to take a path where there is even a little risk. I am tired of pursing HR people who have very little knowledge.... and tending towards moving on my own feet....

Can you please give me if my credentials are good for NIW, evenif its in EB2 and takes few years this will give me mobility in changing job..
 
My impression is, generally speaking, getting through EB2-NIW is getting more and more tougher these days. If you can EB1-OR, that seems to be relatively easier path (provided you can strongly argue for 2 criteria required for EB1-OR). For NIW, it needs much much more work on the petitioning side- having good credentials alone will not make your path very smooth. If you are confident that you can prove all of the following, then EB2-NIW has good chances
  1. it must be shown that the alien seeks employment in an area of substantial intrinsic merit
  2. it must be shown that the proposed benefit will be national in scope
  3. the petitioner seeking the waiver must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required
  4. aliens ability to serve national interest is significantly above than available US worker with same minimal qualifications
  5. alien has a past record of contributions to areas of national interest justifying future benefit to national interest

I would say EB1-OR (if you can get it filed by employer) is relatively an easier path than EB2-NIW.

I am not very experienced (not yet filed my I-140). There are so many experienced people in this forum who can give you much more information.
 
Thanks guys for your input, my company is going for OR application. And I have few more questions:

1. Is engineering research position looked skeptically by USCUIS as opposed to a research position in general scinece or medical science when they look at the requirement of research position in EB1-OR ?

2. If I go for NIW in parallel, can I use recommendation letters provided by company people even though I am going for it by myself ? Will USCIS interprete otherwise why company is not sponsoring if some of the letters are from company ?

3. Is DO IT YOURSELF good enough to prepare a cover letter for NIW. Any idea how much an attorney will generally charge to make it.

Thanks in advance
 
I-485 related question

Can anybody answer to this question?

Is it possible to submit I-485 (AOS) during the timeframe when I-140 is in the hand of USCIS provided the visa date is current ? Or it is necessary to wait till it gets approved (if at all) unless it is filed concurrently !
 
I-140 (EB1-OR) got approved from NSC

My I-140 in EB1-OR got approved today from NSC. Lucky that I did not get any REF.

I am a frequent reader of this forum and gathered a tremendous amount of knowledge about EB1 based GC process. This really motivated me to convince my employer that my candidacy is strong enough to go for this category even though I received very hard time from my employer as well as the attorney that my case will not be strong for various reasons and recommended for EB2 path. They even warned me not to file concurrently because my case is very weak - however I did not listen to them, rather filed I-485 by myself after my employer filed for I-140.

Its a great pleasure to receive this email. Thanks to all of you who parcipated in sharing their personal information and valuable inputs in this forum.


NSC I-140, RD: 11/14/2007, AD: 08/12/2008
 
Congratulations!! Sib_gm...
I also have applied around your time (1 month before you). But have not recieved any update. Hope we get lucky soon.
Stay around..
 
Drdoctor1, I am sure you will hear from NSC very soon. Wish you a good luck.

Thanks guys

NSC I-140, RD: 11/14/2007, AD: 08/12/2008
 
Received GC in hand

Hi all,
Its a great news to share with all of you that I received my GC in hand this week. Thanks for the help and information that I received in this forum that helped me a lot to drive my company people to go for EB1-OR petition.

I-140 (EB1-OR): NSC: PD: 11/14/2007, AD: 08/12/2008
I-485: NSC: RD: 12/14/2007, AD: 10/15/2008
 
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