EB-1-2- no permanent position: the $4000 lottery ticket?

[The French guy]

Hello,
I visit this web site for a while now. I really like it and one can find lots of good info here. This is my first post and I will likely post more in the future since I will be petitioning for the green card.

A little bit about my background: I am an Aquatic ecologist and I work on the restoration of the Everglades in Florida. I came in the US in 2001 with a J-1, thinking I would stay here only as a post-doc for 2 years and then get a position in the Academia. Well, because of a major research crisis and the age limit to apply to jobs in France (31yo, now cancelled), I could not go back and thus, I stayed here.
I switched to an H1-B in 2004 and would like to apply to the green card. I have the status of visiting scientist, have 4 publications as first author one as co-author and 5 associated (all peer reviewed and well ranked). I know it is not that great, but in my field, publications are not that easy to get out. This is not too shabby. I have been cited only 5 times, because most of my publications are recent.

As many of you, my position is not on a tenure track, and according to the recent report on tmwlaw.com, it seems that they are trying to define the permanency of an academic position.
I had two interviews with attorneys and will have another two until I make my definite choice.

One of the two attorneys petitioned for an Indian colleague of mine who applied before 911, but got his approval only recently. I was very optimistic because his is a post-doc and has only one publication as first author... but still got approved.

Question 1: It seems that there are some cracks in the system and, thus, it might be worth to "play" a 4000 dollars lottery to "win" the green card even though I am not on a tenure track line. What do you guys think?

It also seems that the attorney of a the well known firm is not really willing to sponsor me in the EB-1-2 category. I would however have great chance of success with a permanent position (according to him). He is willing to sponsor me through the labor certification or through the trick to prove that even though I am H1-B, I am more O-1 and thus can get rid of the labor certification.
The other attorney (independent and not really specialized in immigration) has no problems petitioning for me in the EB-1-2 category. She is the one who petitioned for my Indian Colleague and the application was successful.

So this leads me to Question 2: I have the feeling that BIG law firms are not willing to take a case unless they are pretty sure to win? Loosing a case might not be good for the overall rating of the law firm. Am I correct?


Question 3: How many of you guys, not on a tenure track, got approved in the EB-1-2 category? Just curious.


Question 4: I also had 3 interviews in Universities this year and was ranked second each time. Do you think this can help to prove that I will very likely find a permanent position in the nearest future?

Summary:
If I want to petition in the EB-1-2 category, my options seem thus to be:
1- Wait until I get a tenure track position
2- apply and play the $4000 lottery ticket
3- apply into another category (NIW, H1-B--> O-1...)
4- 2 & 3 at the same time.

Thank you very much for your time to answer. And good luck to all who are applying.

TFG

 

[IDM]

some suggestion

1). a research associate in the University can be considered as a permanent job from what I understand. you can try Outstanding researcher through the University, they have lawyer to help you with that.

2). try NIW if you can prove that your work is of national interest. you can do it yourself. It is not that difficult, but be sure you know what they require for that catergory.


good luck

susie

 

[eb1doc]

Permanent issue concept is widely discussed here all the time. So far BCIS has not defined any criteria so its upto you and your employer and university to define you as permanent faculty. Currently, the magic word permanent from hiring auithority is working with BCIS but can't say about future. Research Associate is taken as permanent position (even thought its glorified postdoc in some university) as long as your hiring authority writes so!!!! since you are visiting scientist I am sure ............you can get that!!

 

[techy2468]

law firms....they are here for money.....well..mostly money.....big ones take only sure shot case.....small ones dont care...since they get the fee.....i like self petition if one has time....

if you can get your university to write a letter saying that you are permanently employed......you can go for EB1-OR ....or if you can prove that you are the saviour of the everglades.....you can go for NIW ....or switch to H1 with the same university and wait till u get hired for permanent position....

 

[The French guy]

Thank you all for your posts. Keep them coming.

My University does not have attorney who can help you petitioning for the green cards. They however forward you to the attorneys who used to work for my university.

I am forwarding that thread to the directeur of my institution. However, I very much doubt that he would make me a letter of offer with the word "permanent research associate".
Right now, it is clearly stated that my position is "a temporary, non tenure earning appointment..." and that this appointment is "contingent upon sufficient grant funding and satisfactory performance".

If someone (who is a research associate) has a template of letter of offer that meets the BCIS requirements, then, I would be great to send it to me.


So, really, how many of you really got approved as a research associate?

 

[Call me Shrek]

Don't know how many, but I had NIW approved as a postdoc (Aquatic biology, too) recently. Send me a PM, and I'll point you to the firm I hired (to avoid a shameless plug) - they did an excellent job.

And, no, my school would not touch a green card petition while position is clearly grant-supported (like postdoc). Woods Hole, on the other hand...

Good luck!

Shrek

 

[Madison04]

I got mine as a postdoc throught NIW (EB2).

I know many universities (esp. those big ones) don't consider research associate/postdoc as "permanent position". My university's International Faculty & Staff Service specifically states in their policy that they will not sponsor GC for non-permanent positions such as postdocs. These big universities usually are quite strict and conservative on this, so I don't think you can succeed in getting such a letter from yours university. --At least I didn't get one even though I tried really hard.

But this doesn't mean that you can't get GC when you're a postdoc. You definitely can, but you'll have to go for it on your own, such as through EB1-EA or NIW.

When choosing an attorney, do NOT use those who, after evaluating your case, tell you without any reservation that you have a very strong case and will get approved easily, and blah, blah, blah. Those attorneys are really not talking with their brains/hearts; they simply want to get your money and don't care a damn thing about your application. So, talk to at least several firms and find one who's willing to speak about the weakness of your case.

If you put your heart into this process, it really won't be a "lottery", because you'll have a much, much better chance to win it instead of losing.

Good luck!

 

[techy2468]

i agree that its pretty easy to go for NIW if one is in post-doc....and as far as i know....its not rocket science to do a self-petition instead of hiring an attorney......right now i am compiling my documents...

all attorney will help you do....is give you a list of documents......and check the verbiage of reco letters......beleive me they do not have any channel with any-one in uscis.....they cannot do anything more than submitting your documents.....

 

[485NSC]

I got mine as a postdoc throught NIW (EB2).

I know many universities (esp. those big ones) don't consider research associate/postdoc as "permanent position". My university's International Faculty & Staff Service specifically states in their policy that they will not sponsor GC for non-permanent positions such as postdocs. These big universities usually are quite strict and conservative on this, so I don't think you can succeed in getting such a letter from yours university. --At least I didn't get one even though I tried really hard.

But this doesn't mean that you can't get GC when you're a postdoc. You definitely can, but you'll have to go for it on your own, such as through EB1-EA or NIW.

When choosing an attorney, do NOT use those who, after evaluating your case, tell you without any reservation that you have a very strong case and will get approved easily, and blah, blah, blah. Those attorneys are really not talking with their brains/hearts; they simply want to get your money and don't care a damn thing about your application. So, talk to at least several firms and find one who's willing to speak about the weakness of your case.

If you put your heart into this process, it really won't be a "lottery", because you'll have a much, much better chance to win it instead of losing.

Good luck!

Madison04, how did you get your 485 case transfered to Milwakee?

 

[Madison04]

Madison04, how did you get your 485 case transfered to Milwakee?

Honestly, I have no idea why it was transferred (the official reason is to "expedite the processing of your case"). My wife and I replied to our 485 RFEs, which asked for employment letters and proofs for marriage. 2 weeks after NSC received the RFE, they transferred both of our cases to Milwaukee. I guessed that probably the major reason was my wife and I work and live in different states and don't live together, even though we've been married for 4 years. Therefore USCIS wanted us to be interviewed for varification. --But this is simply a guess and I don't know the true reason behind it.