Eb-1/ea ?

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pixpax

Registered Users (C)
My company's lawyer assured me I could have my LC in 2 years about 3 years ago. I was so busy at that time so I decided not to bother EA/OR/NIW. I am now screwed up big time - another 3 years waiting 'cause of the huge backlog. This is only LC. Then I-140, 1 more year?. Then I-485, ... The dumb lawyer didn't do a good job :mad:

Now I am thinking about EA. I drop OR because my company likely won't support me because if I get the GC they loose a slave; and also because if they did support they might withdraw my LC application and if my OR got dennied I will loose everything. For NIW, since so many foreigners in my company got LC, I think it is hard for me to get NIW.

I am actually very weak for EA, I think. Several friends of mine encouraged me to give a try. All of them got EA but none of them is a faculty though all of them have applied for. However their cases were approved around 2001. I have read some posts in this forum and found that currently it seems that EA is only for those who can be a distingused professor in Harvard or MIT.

I received an award called "MIT young researcher fellowship award". This award is open for all graduate students around the world. The receipient got all the expense (air fare, hotel, etc) covered to travel to MIT to present their research. Can I claim this award as "lesser nationally or internationally recognized prize"? I searched the web and did found many schools have it in news if their students receive it. But be honest I don't know what the procedure is to get the award.

How to prove that I have a critical role in a distiguished organization? My company is the most famous company in my field, but it only has about 600 people around the world. Can I say it is distinguished? The VP and Chief Technical Officer promised to give me a good letter. My manager told me that several times he and others commented that without me xxx project ( the most important project in the company for the next 5 years) already failed. Can his letter be used to claim that I am cruisial?

I have reviewed the work done by several Ph.D who applied for a position in my company, can I claim this as judge work?

I don't have many publications. I have only 2 journal publications, non first author, only a few citations; about 6 conference papers also some citations. I had so few publications not because the research was junk (my advisor got his full professor because of the research) but because the whole thing was done by me my office-mate in 2 years, more than 200k lines of code, just no time to write down anything. How to established an impression of "international influence"? A famous professor who never worked with me promised to give me a letter. A director of a famous lab in Germany will also give me a letter. Do their words count?

I am willing to pay a good lawyer. If the chance is more than 10% I might go ahead. If there is no chance for me, then I have to let the endless LC waiting continue harming my mind...

I appreciate any comments.
 
LC, EB1-OR, and EB1-EA in that order

Since your LC is already in process, I think you could get it very soon (I presume EB2... Getting I-140 seems to be quick in the EB2 LC category). Also, given that your managers are willing to give you a good set of recommendation letters, you should try for EB1-OR (for this, your company should present your division as a research division, or some thing like that).

I am not a lawyer, so interpret my post accordingly.

S
 
My division has 15 people, all of them are Ph.D. in my field. So probably claiming it as a research institute is not a problem.

My LC is still in the state level (believe or not), waiting for being transferred to the Backlog Elimination Center. The company's lawyer has warned that I need to be prepared that my H1-B1 6 year limit may expire before I get the labor. He asks me to keep my status (no EAD, no AP, etc) so that I can have the 7th, 8th, nth year H1. You know what? My H1 6 year expiration date is almost 3 years away!

Thanks sisukapalli for the kind reply

pix
 
pixpax said:
I am actually very weak for EA, I think. Several friends of mine encouraged me to give a try. All of them got EA but none of them is a faculty though all of them have applied for. However their cases were approved around 2001. I have read some posts in this forum and found that currently it seems that EA is only for those who can be a distingused professor in Harvard or MIT.

You may give EB1-EA a shot. It is not true that you need to be a distinguished professor of MIT or Harvard or any other institution to qualify for EA. EA needs one of the top in your field in addition to other criteria set for EA category.

I received an award called "MIT young researcher fellowship award". This award is open for all graduate students around the world. The receipient got all the expense (air fare, hotel, etc) covered to travel to MIT to present their research. Can I claim this award as "lesser nationally or internationally recognized prize"? I searched the web and did found many schools have it in news if their students receive it. But be honest I don't know what the procedure is to get the award.
Unfortunately, university or college research fellowship award is not considered a distinguished prize recognized nationally or internationally. The chances are slim.


I appreciate any comments.
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pixpax,

Why is your state LC taking so long?
are you in Michigan by any chance? It is taking too long there. One of my friends is trying.

I will suggest try hard to convince your company to do OR.
All that the company needs to do for OR is three small things:
1) Give you a letter stating they have been employing you and intend to employ you in a permanent full time research position (You can draft this yourself)
2) Sign on your I-140 form (Which you can fill yourself)
3) Sign on your petition (some call it cover letter) which you can prepare by yourself.

Then you do all the rest yourself. My company did these 3 things for me, a 30 minute job for them. I did all the rest of the preparation myself and got OR I-140 approved in 6 months from VSC. It is taking even shorter time now the current processing date is DEC 2004.

Good luck!
 
you should definitely go for EB1/EB2-NIW

I got ph.D in Industrial Engr. and worked for telecom company which did not sponor GC due to the massive layoff etc. And worse, I was laid off too around end of 2003. Then I realized how important a GC is and started self petition (of course I was called back two weeks after being noticed). I had my EB2-NIW filed March 2004 and got approval recently. my lawyer helped many others who certainly have much weaker case than yours to get EB1/EB2-NIW approved. My lawyer is in FL while I am in midwest, we never met but talked over phone and email. He is very capable and powerful. a great lawyer, check
http://www.myimmigrationlaw.com/
 
I asked 3 lawyers to do a free evaluation. Two said that there is little chance. They also remarked that currently INS is very tough. One said there is a chance but only OR or NIW, no EA chance though.

I am not in Michigan. My state processing time is actually not very bad. Just the company's lawyer screwed up everything. Hope he didn't file me in EB-3.

BTW, any one worked with Andrew Fair in NYC? Heard that he is quite good.

pix
 
pixpax said:
I received an award called "MIT young researcher fellowship award". This award is open for all graduate students around the world. The receipient got all the expense (air fare, hotel, etc) covered to travel to MIT to present their research. Can I claim this award as "lesser nationally or internationally recognized prize"? I searched the web and did found many schools have it in news if their students receive it. But be honest I don't know what the procedure is to get the award.

This award is not likely to fly unless the competition was open nationally and internationally. If you have some documents to show that the nominees were from different universities/organizations from the US and abroad, then you should be able to get this criteria satisfied. More importantly, this will buttress your application when you tie it into other categories (viz., contribution of scholarly articles) as this award can implicitly show the impact your research has had, as it led to the award.

How to prove that I have a critical role in a distiguished organization? My company is the most famous company in my field, but it only has about 600 people around the world. Can I say it is distinguished? The VP and Chief Technical Officer promised to give me a good letter. My manager told me that several times he and others commented that without me xxx project ( the most important project in the company for the next 5 years) already failed. Can his letter be used to claim that I am cruisial?

You may want to put press coverage that your company has received as well as it's annual report (showing revenues and profits). Get the referees to write that your work was extremely important as it created revenue/jobs/new techologies. If your company is licensing any of your patents or patent pending work to company X, make sure to include the same information of said company X.

I have reviewed the work done by several Ph.D who applied for a position in my company, can I claim this as judge work?

I don't have many publications. I have only 2 journal publications, non first author, only a few citations; about 6 conference papers also some citations. I had so few publications not because the research was junk (my advisor got his full professor because of the research) but because the whole thing was done by me my office-mate in 2 years, more than 200k lines of code, just no time to write down anything. How to established an impression of "international influence"? A famous professor who never worked with me promised to give me a letter. A director of a famous lab in Germany will also give me a letter. Do their words count?

I think it helps to include all this in appropriate categories.

I am willing to pay a good lawyer. If the chance is more than 10% I might go ahead. If there is no chance for me, then I have to let the endless LC waiting continue harming my mind...

Lawyers are good upto an extent. A lot of it totally depends on your researching various forums and, most importantly, the AAO decisions in order to come up with strong support for your arguments.
I appreciate any comments.
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Many thanks for the replys.

The award was issued in the MIT international conference on computational mechanics. The conference is held every two years. The full name of the award is "Young Researcher Fellowship Award for examplary research on computational mechanics". The competition is open to all US and abroad students (not only for MIT).
 
I heard somewhere in EA case that "Young Scientist fellowship" did not sounds too good because the "old" scientists cannot be involved. I know it sounds silly. Just for your info
 
Joo77 said:
I heard somewhere in EA case that "Young Scientist fellowship" did not sounds too good because the "old" scientists cannot be involved. I know it sounds silly. Just for your info
Click to expand...

Yes, your are right and such awards exclude those already at the top in the field. AAO argues that such awards suggest that you are a promising person, while EA requires that you should already be among those at the top in your field. Note that this is not about age.
 
Joo77 said:
I heard somewhere in EA case that "Young Scientist fellowship" did not sounds too good because the "old" scientists cannot be involved. I know it sounds silly. Just for your info
Click to expand...
:cool: I examed 50 or so AAO decisions. At least in one place they did mention that a "Young" type fellowship excludes the old fellows. However, the forcus of the whole argument is that the fellowship is actually some sort of support, rather than award. They mentioned "Young" to emphasize that their conclusion, the fellowship is a support, is correct.
Just imagine that if you earn a gold medal from the Intenational Middle School Students Olynpic Math Contest, you are certainly qualified. They cannot dismiss the claim by stating that such contest exclude the top mathematisians.

Hey I am not defending myself. I fully understand my case is very weak. Just don't want to discourage those who did receive some import "Young" type award. :p
 
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