EB1 - Case Evaluation request

[rb81]

Hi!

I came across this forum while looking for some answers re. EB-1 applications and associated risks and found a ton of good info here.

I am planning to apply for EB-1 and was wondering if some of you folks could take a look at my profile below and comment on its suitability for EB1-OR.

1) Education: PhD in Computer Engineering with dual MS in Applied Math and Computer Engineering. Graduated Fall 2008. Joined company in Jan. 2009.

2) Current Visa Status: O-1.

3) Current Profession: Member of Research Staff in a Fortune 100 company research lab.

4) Publications: 18 (3 journal, 1 book chapter, 14 conference - 11 first author, 3 in 2009).

5) Independent Citations: 20 (18 out of loop, 2 are from researchers from other universities who have collaborated with me atleast once)

6) Patents: 3 (1 from university, 2 from company I am working for now). None issued yet (though 1 looks like it will get issued this year).

7) Have press releases/media articles incld. TV news coverage for research that I did. However, none mention me by name (except the TV news which showed my face) - usually because only the PR person would issue releases/interact with reporter or at most 1-3 times my advisor/lab director was quoted.

8) My research was spun-off into a university funded startup which my advisor and I co-founded with 2 other students in our university lab. I did not work in the company except as an intern (due to F-1 visa status) but I am a stockholder.

9) The product which the startup company in (8) marketed from my research won the Best of Sensors Expo award (Sensors expo is the largest trade show for sensors and associated device hardware/software in USA).

10) Have 9 testimonial letters (6 US, 3 overseas; out of them 2 industry and rest academia) from my O-1 package all from Fall 2008. Don't have any new ones yet - do I need any on basis of the others being a year old?

11) Have reviewed papers from 4 journals including as an invited reviewer for IEEE Transactions on Mobile Computing (TMC). Have reviewed papers from 4 conferences (multiple tracks in each). Have served as the chair of the Doctoral Colloquium for the top conference in my academic research area.

 

[sulpha]

I think your qualifications look good for EB1-EA. the one thing that is of concern is that you graduated recently, a year ago. claiming that you reached the top 1% in your field may be a stretch. But, you are already on O1 visa (which is again for extraordinary ability). If you search this forum, people who are on O1 visa have almost never had any problem using the same documents to get EB1-EA approval. Because O1 visa has similar criteria as that of EB1-EA. So Immigration officer would not have to look deep. Search for O1 and EB1-EA on google and compare. I think you should be fine with your quals. It is just my opinion.

Sulpha

 

[rb81]

Thanks sulpha.

My co. has indicated they want to sponsor for EB1-OR only (as per company policy they dont sponsor for EB1-EA). I wonder if the PhD years count towards the 3 years research experience requirement.

Most O-1 => EB1 transitions in the past have been smooth but lately one is seeing rejections of people who were on O-1 so thats got me worried a bit.

 

[GC-Hopes]

Just go for it. EB1-OR is much lenient than EB1-EA - so you should sail through. O1 just makes it easier.

 

[tampaboy]

Basing on your list, and on you having an O-1 visa, I'd say EB1-OR is almost a sure thing, and EB1-EA is worth a shot. I would, however, get new letters. Good luck!

(I'm not a lawyer.)

 

[sulpha]

Dude,
if your company is sponsoring, you dont have to even come to this forum.
You should not have any problem. EB1-OR would be the best option and a sure shot for your quals, O1-visa and a company that is actually sponsoring. Just relax. Your phd time should count towards the 3 yr experience. Your lawyer should help you out a lot.

Sulpha

 

[rb81]

Thanks for all the comments and encouragement Just trying to make sure, application is as water tight as possible - rest is out of my hands anyways so I am not worried about that.

I have a telecon with the lawyers tomorrow and some of the questions I will ask may help others here. So I will post that info here once I get the answers out of them.