EB1-OR I-140 denial, non-permanent position

W

welcome72

New Member
Hi all,

I filed EB1-OR I-140 and I-485 on August 2005, last week my lawyer got I-140 denial notification, only because that they think Postdoc is not a permanent position. It sucks! Does anybody have the similar situation? My lawyer plans to file MTR, does anybody know the success rate on this situation?

thanks,
 
If you used "Postdoc" word in your petition, your chance of getting approval is very slim.
Some people may have overcomed this difficulty by providing letters from university officals stating your position is permenant and some history of funding in your group.
But overall, it's been shown to be tough to fight with a postdoc position.
Espeically if you stated in your petition.
If so, your attorney didn't know what she/he's doing.
Sorry for the bad news, and best wished for your further steps.
 
I am so sorry to hear a bad news. "PostDoc" is not a permanant job, I believe. I saw some exceptions here and there. But if you have a permanant job, at least you should have a different job title and you can have a support document from your school or institute. I think your lawyer should let you know in the early preparation stage. Why didn't you apply for NIW? I hope that your further actions such as MTR can bring a good news to you.

welcome72 said:
Hi all,

I filed EB1-OR I-140 and I-485 on August 2005, last week my lawyer got I-140 denial notification, only because that they think Postdoc is not a permanent position. It sucks! Does anybody have the similar situation? My lawyer plans to file MTR, does anybody know the success rate on this situation?

thanks,
Click to expand...
 
Even no RFE?

Sorry about the news…

What center? Did you get an RFE?

If you didn’t, then your petition must have shown you are a post-doc and your position is temporary explicitly and, I have to say, you are really in trouble…

You need to review carefully, with the assistance of a good lawyer, what you have said in your petition and find out how to eat the words in a very smart way.
 
I have many friends who applied as a post doc and got approved. I also applied as a post doc. Basically, when you are a postdoc it is suggested to apply for NIW (National Interest Waiver) rather than OR (Out standing researcher). The latter is for those who have tenure track faculty position which can be considered as permanent job.
 
Sorry to hear about that !!!! what all said is true! P word is not good nowa days for Eb1-OR as postdocs are considered as training and its acheivements are argued as part of training. few years back Eb1-OR was the best option for post doc but not anymore..... use of postdoc word is prohibited now....Explaining permanent nature of your job especially becomes very difficult as avaliability of funds is not taken as answer. ...letters from employer don't work unless they are written as per their (USCIS) requirements...I guess this is your lawyer's fault that he used this word even if he was aware that Eb1-OR is permanent job criteria....filling MTR is risk unless you say that you are permanent with ample support documents..........read 2004 AAO decisions from NSC most of them were rejected based on permanent issue only!!
 
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