Eb1-or

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rkottani

Registered Users (C)
Hello All,

I am new to this forum. This is really great.

I am applying for I-140 this week as EB1-OR. My title of the job is Research Scientist. Following are my qualifications.

1. 8 Years Research Experience
2. PhD from India (Pharmaceutical Chemistry)
3. 16 Publications in Peer Reviewed Journals (including 1 in PNAS, 2 in JACS, 1 in JOC)
5. 5 Approved Patents
6. 19 Abstracts in Conferences
7. Reviewer of 8 Journals (Already reviewed 20 articles and got letters from the editors
8. Got 11 recommendation letters from different scientists
9. One award (as I visited UK as Visiting Research Fellow during my PhD)
10. I have memberships in 4 international organizations (ACS, AAPS, RSC, AACR)

My question is my university is filing a petition for me. But only problems is my supervisor has given a recommendation letter as he offered me "continuing position"

1.Is this sentence is OK?. Because, he says no one will write "permanent position"
2.Is the above qualifications are OK?

Appreciate your inputs!!
 
Your letter should say that your position is permanent. This is the key critera. I have seen temp. position holders getting denials. Else try EB2 NIW self sponsor. It is easier than EB1.
 
I think it is true, you should have a letter which says permanent position. Try for that, talk to your supervisor and say that you are not asking for a permanent position in his lab, but just state in his letter that he had "offered" you a permanent position, and it is up to you, if you want to take up or not.
The problem you supervisor facing is, he is hesitant to give you that latter, because in future you might use this letter against him. Tell him clearly that you do not intend to use this latter for any other purpose other then GC. If he is not convinced with your words, tell him that you will give it writing.
If both the above things are not working, then my sincere advice to you is go for EB1-EA, you qualifications are good for that.
good luck
Rama
 
The offer letter as "permanent position" should come from HR dept or Director. This should be entitled to univ. If your professor will write as "permanent position" sometimes it may not work. If your lucky everything will be fine. Double check with EB1-OR members.
 
Yes! Hunter is right, the letter should come from Director of your department. At least in my case, it was the letter given by Director of the department.
Rama
 
Hi Rama, Hunter, pswami,

Thanks for your inputs. The way it works in our University is, the supervisor will write the letter and the director of the International Office will sign the I-140 (Part-8). And obviously, Part-9 is signed by my attorney (who is also authorized attorney for the University). In Part-1 and Part-5 of I-140, The University will fill the details. But the good thing is that, in Part-6 of I-140, they have checked 'Yes" in question No. 7. Is this sufficient?. They have already filed my petition and sent it to NSC on 18th by FedEx. It is already 7 days, no result!!.

Rama?

Was it also same in your case?

Regards
 
Also my attorney said that 'Continuing Position' is also appropriate word and said that, he will give legal meaning of the word as permanent. I don't know how far it is correct!!. I have to wait and see.
 
In my case it is not the International office, but the director of my department that will give the details regarding the permanent position. Though the check for 195 $ is issued by the University, it comes for the departmental budget. This is how it works in our University.
Based on you input, it looks like you are safe. Did you go for premium processing, you should be hearing from them soon, if it is regular I would say sit tight, it might take some time.
Do not worry, max what you see if they have any doubt, is they will issue a RFE, because it is a university petition, they will give enough benefit of doubt and process accordingly. Do not worry.
Rama
 
Hi Rama,

Thanks for your clarification. Yes, indeed it is a University Petition. They have applied through PP to NSC. Since I don't receive any messages from USCIS directly-I need to wait for the attorney's email. I will keep updated with the progress in my case.

Regards
 
Hi Guys,

My EB1-OR has been approved today. The message in the internet says:

Current Status: Approval notice sent.

On June 28, 2007, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

It took only 6 days to approve my case.

I thank everyone especially rama, pswami, hunter for their useful suggestions.

Regards
 
rkottani congrats.

It seems they are approving and denying the cases fast these days in anticipation of the huge surge in I485 applications. One person I know was denied in a week without even an RFE in PP
 
Congrats, it is good to see the approvals coming in, let us hope they extend to 485's also. Best of luck for the next step.
Rama
 
pswami,
These days they have a new law. I think I read it on the immigration-law.com
it said that, it is at the discretion of the IO to issue a RFE - which might result in a denial even in a condition where you see lack of preliminary evidence. As you said since they are in anticipation that they would get huge number of cases in to the future, we might see quick denials as well as approvals.
 
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