EB1 - Case Evaluation

M

mhush

Registered Users (C)
Hi everybody,

Please help me evaluate my EB1 case and any strong/weak points.

Thank you in advance.

Background:

1. Education: PhD in Electrical Engineering (wireless communication - positioning) from an US university (ranked 50).

2. Recently, have started my OPT; R&D in a start up company doing research on the same topic (positioning).

3. Journal Papers: 6 peer-reviewed journal articles. 4 first author, 2 co author, and 1 in preparation. The journals are very well known in the field, but I do not know about the rankings.

4. Conferences and presentations: 9 in international conferences. 6 first authored. some were paper+poster and some were papers only.

5. Citations: The papers are fairly new and the citations to the papers that I am the first author are mainly self-citation (11 total with 8 self-citation). The co authored papers get 20 citation.

6. Reviewer: I have a constant reviewer of several journals and conferences. The list includes 13 different journals and conferences (4 journals and the rest are conferences). In addition, have been invited to serve as technical program chair of two different conferences and have served the terms.

7. Memberships in scientific societies: Mainly electrical engineering societies for about 10 years.

8. Couple of Fellowships and awards here and there

9. No references yet (but plenty of options are available).

10. In the process of writing one or two patents.

I see that I might be able to qualify based on Reviewer of others work, Scholarly Articles, Contribution to the field.

Questions:
-- Is it possible to file for EB1 before applying for H1B? If so, do I stand a chance?

-- If good, should I wait for my H1B and then apply for EB1?
-- If good, should I wait for more citation and patents?

I truly appreciate your help.

Thanks to yytd for the template.

MH
 
If you just recd your PhD it is difficult to prove that you have risen to that top1% of that field. NIW would be easier.
 
Thanks Nightsman,

So basically I can wait another year or two to get all the necessary requirements for EB1.
Meanwhile I can go for NIW.
Are these correct?

Thanks,

MHush
 
Last edited by a moderator:
you can apply for eb1 but it will take 1 yr or more with the delays

1.reviewer
2.authorship
3 .letters and contributuion
mhush said:
Thanks Nightsman,

So basically I can wait another year or two to get all the necessary requirements for EB1.
Meanwhile I can go for NIW.
Are these correct?

Thanks,

MH
Click to expand...
 
Thanks a lot drak70.

I am planning to talk to a lawyer and start the process.
By the time all the documents are ready, I hope the patents are sent and some more citations are added.

Thanks again,

Mhush
 
mhush said:
Thanks a lot drak70.

I am planning to talk to a lawyer and start the process.
By the time all the documents are ready, I hope the patents are sent and some more citations are added.

Thanks again,

Mhush
Click to expand...

Patent has no value unles you can document you made money off the patent
 
Hi,

Any one can suggest about my credentials.

1. I recived Ph.D in chemistry in 2002 from India and during that time, I received SRF from CSIR
2. After Ph.D, worked in Japan top ranked Universities for 4 yrs
3.In 2007 I came to USA for PDF
4. My total citation around 100
5. 16 paper (8 first author other 2nd author)
6. Editor for 4 journals
7. Reviewer for 5 journals (Reviewed 11 international papers)

Regards

Suresh
 
Whether I ca go for EB1 EA or EB2.

I am planing to apply on my own using some kits with some friends help.

I will be very thankful for your suggestions.

Suresh
 
mhush,
What nightsman said is right. You could prepare for the EB1EA now. When you collect everything, it is probably one year later. Of course, you can do NIW if you have everything now. Applying for GC when you have your H1B is safe. I don't know even you can apply for GC while you have OPT. There may be some risks, consult a lawyer before you submit on your OPT.
kotas4u,
Since you DIY, why not do both EB1A and NIW?
To both mhush and kotas4u: a well write petition letter is the key for a successful EB1EA, plus very strong reference letters. I learned my lesson from my RFE. The writing of the petiton letters and reference letters could be very tricky. You still need to keep an eye on everything and make sure of the letters even if you hire a lawyer. Don't just simply cut and paste other people's successful templates, you need to make your own point. Regard this as writing a grant application, you are trying to convince someone who doesn't care for you and even stare at you with doubts that what you did is exceptional excellent within the top 1% of your peers in the same field.
 
llp1,

Thanks for the valuable info. I have actually talked to a law firm and hopefully we can file soon.

Regards,

MH
 
I have seen people on OPT applying for EB2-NIW and getting a green card recently, within the time of OPT of one year. He is physicist in condensed matter physics; though he did very risky job.
 
Hi All,

Quick update to my case.
I applied for both EB1-EA and EB2-NIW around October 09 and both petitions were approved this week.
Prior to that I applied for O1 visa and got that one in October 09 (before that was on OPT and its extension).
My qualifications has changed a bit from above, more citations (around 30 out of loop), couple of more papers and 8 reference letters.
Hired a lawyer and very satisfied with the work. Moving on to the next phase.

Good luck to everyone entering/continuing on the process.

MH
 
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