EB1-OR after RFE on NIW 140 from NSC

A

alkhemist_03

Registered Users (C)
Dear all,

I received an RFE on NIW 140 (see this thread http://www.immigrationportal.com/showthread.php?t=274175).

I have no underlying status, i.e. not on H-1 or other work visa. Working on EAD right now (concurrently filed 485, 765 with 140). If my NIW is denied, I will be out of status. My lawyer said that I can qualify for an EB1-OR, which we can file while we are preparing a response to NIW RFE.

Here are my credentials:
PhD in Electrical Engineering from a US University

Submitted 8 letters of recommendations with NIW application.
I am getting four additional letters to respond to my NIW RFE.

Publications: 17 Total
Patents: 2
Reviewed papers for Journals: 5
Invited Conference Papers: 2
Chaired conferences, served on program committees
Citation Record: 21 Total (12 Non self referencing)
Employer: My employer is not a university. Its a small start-up company with 8 employees total, 6 of them are PhDs and engaged in research. Strong financial.

I would appreciate if somebody could comment on the following:

1 - Does it weaken my EB1-OR case if the employer is not a University. Employer is willing to say that employment is "permanent/indefinite"

2- Can I re-use the LORs from the NIW application for the new EB1-OR. The lawyer says that it doesn't matter that the LORs were written for the NIW, they can still be used for EB1-OR

3- If my EB1-OR 140 is filed and pending while they denied my NIW 140, what will become of my status. Can I link the NIW 485 with the EB1-140 and continue to use my EAD.

Are there any pitfalls in this approach? Something I should be careful about??

Thanks in Advance
 
If I remember correctly EB1-OR can only be filed by your company if they have 3 full-time research AND the company as a whole has contributed significantly to academic research. The latter is usually a problem. Small startups don't publish, they develop products to sell. Its not enough if the three individuals have an academic track record. The company must have one. For a startup thats almost impossible to meet.

Note: A friend of mine had difficulties with EB1-OR through google which has thousands of PhDs doing research and publishing papers like nuts. And yes, that was NSC. Go NSC!
 
You could try EB1A, get a good lawyer or prepare your documents well. I agree with nscagony. It usually is hard for a small company to sponsor EB1OR. You need to be careful.

Prepare for your NIW RFE well with couple of good letters from independent references. Your credentials look fine, enough for NIW. You got RFE probably because you did poorly on your petition letter.
 
yes, you should try for EB1-EA or EB1-OR to have something back-up to validate your EAD if anything happen to NIW. EB1-OR will be fine if you get good letter from VP/HR saying your job is stable, you are the core of the unique developments, profit etc....
work hard with you attorney. good luck.

alkhemist_03 said:
Dear all,

I received an RFE on NIW 140 (see this thread http://www.immigrationportal.com/showthread.php?t=274175).

I have no underlying status, i.e. not on H-1 or other work visa. Working on EAD right now (concurrently filed 485, 765 with 140). If my NIW is denied, I will be out of status. My lawyer said that I can qualify for an EB1-OR, which we can file while we are preparing a response to NIW RFE.

Here are my credentials:
PhD in Electrical Engineering from a US University

Submitted 8 letters of recommendations with NIW application.
I am getting four additional letters to respond to my NIW RFE.

Publications: 17 Total
Patents: 2
Reviewed papers for Journals: 5
Invited Conference Papers: 2
Chaired conferences, served on program committees
Citation Record: 21 Total (12 Non self referencing)
Employer: My employer is not a university. Its a small start-up company with 8 employees total, 6 of them are PhDs and engaged in research. Strong financial.

I would appreciate if somebody could comment on the following:

1 - Does it weaken my EB1-OR case if the employer is not a University. Employer is willing to say that employment is "permanent/indefinite"

2- Can I re-use the LORs from the NIW application for the new EB1-OR. The lawyer says that it doesn't matter that the LORs were written for the NIW, they can still be used for EB1-OR

3- If my EB1-OR 140 is filed and pending while they denied my NIW 140, what will become of my status. Can I link the NIW 485 with the EB1-140 and continue to use my EAD.

Are there any pitfalls in this approach? Something I should be careful about??

Thanks in Advance
Click to expand...
 
Thanks all for your responses and advice. I will keep you posted, possibly ask more questions when I am getting close to filing the EB1-OR
 
Cannot believe that your NIW did not go through. Your credentials are good. Again it is as they say 50-50% chance.
 
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