EB1- OR approved at CSC

B

Bongo

Registered Users (C)
Guys,

My EB1-OR was approved at CSC a while a go.

I am publishing my details so you get an idea
of what it takes to get an OR approvable.

Ph.D. (Overseas country) taken in 2000
14 papers (no journal papers, most of them first author
           conference papers) (this is not too
           abnormal in Comp. Sci.)
1 patent pending.
3-4 Awards of national merit (ie. team member: research software
     product of the year etc.)
7 letters of reference (mostly people I know) a few are from
   luminaries in the field.

I don\'t think my qualifications are really that good, but my
company hires a top immigration firm that puts it together nicely.

Just as a good researcher knows what a good research topic is,
the good immigration lawyers know what will qualify for EB1-OR.

Note, that sometimes when the INS changes its "mind" then the immigration
lawyers can stuff up. My friend is almost certain to have his EB1-EA
denied because recently CSC has become very strict about these cases
(where as before, someone with my qualifications but perhaps twice
as many publications would get through.)

Dr. Bongo
 
EB1/EA v.s. EB1/OR for self-petition

As EA and OR are mentioned, seems EA has higher requirements, minimum for OR is to meet 2 of the 10 items, while EA needs 3+. But can self-petitioner use OR? If so, which one should choose?
 
3 year research?

Dr. Bongo:
Congratulations. I noticed you graduated in 2000. How do you get through the "3 years of research experience" for EB1-OR, as you only worked for less than 1 year. The experience while pursuing Ph.D. may not be counted, I heared.

Thanks a lot.

wtl
 
No Title

Only EA can be self petitioned.

OR must be employment based.
The beneffit of EB1-OR over EB2
is that there is no need for Labor certificate
 
No Title

Right.

I submitted my thesis in 1998,
then came to the U.S.

I got the graduating papers in my
hand in 2000. So INS counts it as though
I "finished" in 2000.

So the Ph.D. experience DOES NOT count.
 
Thanks Bongo, but...

Thanks for the reply.

But as far as I know there are people file OR on them own, and as far as there are employer \'wishes to\' hire you, in another word, having a job offer instead of a real job. Also, for EB2/NIW, LC can also be waivered.

And is it true that no matter what type you choose to file, EA, OR or NIW, although LC can be waivered in all cases, you shouldn\'t change job before I-140 is approved?

And heard that EB1 is more strict recently, do you have more information on that?
 
Confusion with terms

Jh2001,

You used the term "self-petitioned" now to me and lots of
other people this means that the petition is not employment
based.

With EB1-OR the petition is employment based and linked
to an underlying job (whether it exists or not depends
on the morality of the company and individual !!!! :)
Supposedly your supposed to stay in that job until the
I485 is approved or at least till 180 days after AOS filing.
Whether I pay for the petition or the employer does, it
is still an employment based petition.

Now EB1-EA is not employment based. Supposedly you can change
jobs at any time, but most people wait till after the I140
is approved.

Hope this helps. All this INS jargon is confusing.
 
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