EB1 or Not?

K

Kumble

New Member
Hello friends,

This is Kumble... My company has asked me to consider filing a green card as my H1B is almost getting over.. Even though the lawyers seem okay with EB1-OR case, I am not quite sure.. So, I would like to know what are your feelings about my case. Here are some details:

1. PhD in ECE from UT Austin + 5 years work experience in R&D organization of a Fortune 500 company.
2. Publications - 10 - all as first author but only 30 citations so far :)
3. Patents - 2 issued + 13 pending
4. Represented my company in International Standard bodies related to wireless (IEEE, 3GPP)
5. Presented papers at couple of conferences, reviewed papers for several publications
6. No awards ofcourse :)
7. Good recommendation letters possible- about 8

Please feel free to say what you think about my case for EB1 OR. I frankly highly doubt that it's a strong case at all. But would still like to hear your honest thoughts :)

thanks!
KB
 
Kumble,

I think you have the option of applying in both EB-1 and EB-2. I have a friend who had similar or even lesser qualifications than yours and he got approved in EB-1 6 months back.
 
Depending on number of reviews and number of out of loop citations, you might have a chance for EB1-OR.

Paper wise you are doing good, citations are marginal so number of reviews plays a major role here. If that number is on the 20 side, you have very good chance of getting your EB1-OR approved (since it is only 2 requirements).

On the positive side, let me also add that a well-prepared and well-presented petition with 10 papers, 20 citations, and 10 reviewer has a good chance of getting approved for all three cases (EB1-EA EB2_NIW and EB1-OR), so lawyers play a major part here.

Also, most likely patents don't count.
 
mhush, thanks for your comments! I have received around 50 review invitations from 6 different publications so far including an invitation to serve as Editor of an academic publication.. As for citations, that's still a concern.. I have around 30 citations and perhaps 5 of those have done some research work extending my work.. I need to get back to the lawyers next week.. Let's see what they suggest.. I don't want to take the risk to apply under EB1-OA as my 5yrs on H1B would eb completed in October.. So, if EB1-OA gets rejected, it would leave me with not too many choices..
 
You have a good list of creds. I had less, and got NIW and EB1-EA without RFE. Again, it's a matter of presentation. If your citations are high-quality, then 30 ain't bad at all-- and you should certainly highlight the 5 that appear to use your work as baseline or springboard or foundation. Make it look like they couldn't have done their work without your scientific contributions.

If you don't get approved, it's the fault of your lawyers, in my opinion.

Good luck.

(Not a lawyer, etc., etc..)
 
Thanks guys! After giving it much thought, I have decided not to go EB1 route... Perhaps after few yrs, I will revisit this :)
 
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