EB1-EA - can I file for premium processing of I-140?


Registered Users (C)

I feel that I have a strong case for EB1-EA. My current post-doctoral assignment (H1-B) ends in October 2009. I would have exhausted 5 years on H1-B by then. I saw that there is a possibility to apply for premium processing of the I-140 for EB-1A. There were also some new restrictions about people who are coming up to six years on their H1-B. For me, my H1-B expires in October and I do not yet have any future employer lined up.

My question is whether I can apply for 1-140 (EB1-EA), Premium Processing, I-485, I-765 (EAD), I-131 (Advanced Parole) all together?

Any help will be greatly appreciated.



Registered Users (C)
As far as my knowledge, premium processing has not been resumed after its hold in 2007. I could be out of loop. if it has.
But, if you are applying for EB1, you are anyways eligible to file everything, 140, 485, EAD, etc., together. As far as I have seen, the EAD comes withing 3-6 months of filing.


Registered Users (C)
One challenge I run into when I filed for EB1-EA as a post-doc was that USCIS was very suspicious of a post-doc to prove that he/she has reached to the top in their field. EB1-EA requires that you have reached to the top your field. And, if you are at the top of the field, then how come you are still a post-doc. That is the thinking unfortunately they have and many publications during the post-doc are considered routine for them and not an indication of that you reached to the top in your field... You may want to discuss this with a lawyer - which might tell you that you are well suited for this category to get your money. Happened to me! and many others in this forum.


Registered Users (C)
You cannot file premium. YOu need to have LCA applied to have premium which is applicable for EB3 so that they can extend their H1s beyond 6 years


Registered Users (C)
Hi everybody,

Thanks for help. I am preparing my own application and with some help from a friend. I wanted to check my eligibility for EB1. Any help would be truely appreciated.

1. I did my Ph.D in Molecular Genetics from one of top universities from Sweden and working as postdoc at Lawrence Berkeley National Laboratory.

2. I have 8 publications in journals like Genome research, Nature Genetics, JBC, MCB etc and have more than 360 citations.

3. My work has been discussed in News and Views of Nature and other journals, in books etc.

4. I have presented in many international conferences.

5. I have received awards from NASA, Swedish Royal society and few other places.

6. I have membership of Sigma Xi, American Association for cancer Research, Radiation research society.

7. I have recommendations from 11 people from USA, Europe and India . 5 independent and 6 familiar with me.

8. I have mentored students and reviewed papers for my supervisors but unfortunately i am not in any editorial board or review board.

How good is my case for EB1 category? And any suggestions on the reviewer category?



Registered Users (C)
Hi Drdoctor1 ,

Thanks for your reply. I have another question.

I am from California so my appication should be directed to NSC. But can I apply to TSC instead? I am applying for EB1EA and NIW.



Registered Users (C)
Your case is good for EB1A. However, you need to present your case well. What cerruti2827 said is very true.
Only 8 papers published may look weak. You need to emphasize the high quality of the journals as well as your papers, to claim the criteria "significant contribution" and "authorship of scholarly work". Your citation number is good.
You may claim "media report". Make sure they have mentioned your name or your paper in their report.
For the "awards", the fellowships/awards specifically for post docs or students or for traveling won't count. You don't want to put much bet on this item.
The "professional memberships" is also hard to claim. USCIS may not count Sigma Xi. Any paid membership is not qualified. However, you could ask the organizer for a letter to emphasize that the membership is based on your significant contribution and international impact to the field.
The officer pays attention to the letters from independ references. They don't even count the letters from the people who are familiar with you. The references need to tell the officer in the letters that they know you solely based on your work and that they don't have any work relation with you etc to be qualified as independent references.


Registered Users (C)
berkeley2009, oh, forgot to comment your role of reviewer. To claim "the judge of others' work", you need to be a regular reviewer for some journals. You may not need to be on the editorial board, but you need to be a regular reviewer. For that, you need to get letters from the chief editors.
If you organize some international conferences or some special sessions in the international conferences, you will look very good.


Registered Users (C)
Hi llp1,
Thanks for all the help and tips. The independent references wrote that they don't know me. And some wrote that they are evaluating me based on my CV. I hope that works.