EB1-OR help

shankyyy

Registered Users (C)
All,
I've recd some feedback before abt my credentials re. my NIW chances, and was preparing my petition except the references. Now that I've started working on H-1B again, my employer's attorney wants to do EB1-OR instead of NIW (although I am not confident of his abilities - he did not know whether EB1 I-140 needs to be filed before the end of 5th yr H-1B to get H-1 extension beyond 6 yrs!).

My employer is a non-profit contractor primarily for govt agencies but also into some commercial projects. So, I will be initially working on commercial projects as I do not have gc yet (they are very strict in this regard).

-I know EB1-EA was not advisable for me. And Since I cannot change my credentials, the only thing that can make or break an EB1-OR, I believe, is the references. So, what is critically necessary in the references of the EB1-OR petition to achieve high probability of success for someone with limited papers/citations?

-Also, can the main cover letter say that due to work at national lab, many of my work could not be published due to classified nature,;less citations because what is done at lab is not done elsewhere (my nuclear work is done only in different countries and maybe two-three univs inside the US). Any feedback would be very useful.

- I am also thinking of filing NIW on my own but my 5 yrs H-1 (including recapture time) ends on Dec 20; so have little time to collect references be it for EB1-OR or NIW? Can I use the same references used for EB1-OR for NIW petition?

- Also, if I do concurrent filing of I-140 and I-485 (the attorney did not recommend concurrent filing - not sure why), when should the medical exam and finger printing be done - before/at the time of filing 485 or after filing 485?
Thanks.
 
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