file EB1 and EB2 simultaneously?

A

AGM6

Registered Users (C)
Hi,
I am a postdoc on H1B and I am considering to apply for either EB1-EA or EB2-OR. I think I should have enough papers to qualify for EA, but I guess you never know.
Would you advise me to simply apply simultaneously for EA and OR categories?
I still have 2 years on my H1B, so I have some time left. Would it be advisable to submit first the I-140 and wait for the approval, or would you also file all other documents at the same time in order to facilitate the process?
What actually means adjustement of status (I-485) in my case, and should I file for it at the same time as the I-140 form?
Thanks!
AGM6
 
First off, Outstanding Researcher is an EB-1 category.

You CAN file I-140 in both EB-1 EA and EB-1 OR categories simultaneously if you want. It's probably a good idea to hold off filing I-485 until one of your I-140s is approved. Unless you want to take the risk of spending money on filing I-485, which will be denied if the underlying I-140 is denied.
 
I think what he means is if he can apply in EB1 and EB2.....there is no EB2-OR as far as i know...maybe I am wrong. EB2-NIW yes. So what he means I think is can he apply as EB1-EA and EB2-NIW....OR is a EB1 category....EB1-OR and EB1-EA....right? Gurus? Anyways yes you can apply for both as I did and I ahve gotten approved I-140 in both. I had first sent 140 then the 485 since when I applied for Eb1 it was not current (retrogressed). So I guess the answer is yes you can apply in multiple categories.
 
EB1-EA vs. EB2-NIW ?

Hi,
Thanks!
Yes, I mean that I think I would be eligible to apply for EB1-EA and EB2-NIW, but I am not sure.
Let me explain my situation, and I would appreciate suggestions:
I did an MD, a Phd, a postdoc, and now I am a full-time resident in a US-University-based Hospital on H1B visa (always on H1B, never had to apply for J1-waiver, so no issues with physicians in underserved area regulations). At the same time I continued my previous postdoc appointment at a different US-University, but now obviously as a part-time research position (and with a concurrent H1B that indicates a part-time research appointment in addition to the full-time appointment as a resident; this concurrent appointment allows me to continue my research that I did as a post-doc). In terms of papers and citations I should have enough to qualify for EA as well as NIW.
I currently have 2.5 years on my H1B left (before the 6-year cap). Thus, I would like to apply now for a Green Card, while I am a resident and simultanously a part-time post-doc.
Is it advisable to file I-140 for EB1-EA now? I thought that may be appropriate, because I do not have a permanent appointment (thus I cannot go for EB1-OR?). If I do that, would it be a good idea to prepare an application arguing about scientific excellence and basically apply as a researcher and not as a clinician? Would the concurrent residency position (although being at a very prestiguos Hospital in a very competitive residency program) harm such an application?

The second way, may be to apply for EB2-NIW based on previous scientific achievements. I believe the employer has to file for EB2-NIW? Is EB2-NIW connected with an explicit job-offer from the employer? Thus, do I have to qualify for that job offer at the time of EB2-NIW application? If yes, this would mean that my employer of the research-institution would have to file for me the EB2-NIW, since I would not qualify for a clinical position as long as I have not finished the residency with the clinical employer.
Basically the question is, what should I file for in my position, and what does the employer have to do? Can I file for EB2-NIW independently of a job offer already in my current position?

Thanks!
AGM6
 
Since my entire filing process has been done by the lawyer...take this advice guardingly but here is what I have gathered of this complicated process so far:

I am currently in my first year as post-doc. I am on my first year as H1B also. Now I did not waste anytime in getting to applying for the GC because I did not want any future rule changes (read retrogression) to affect my application. :). So based on what you have written I would say you shouldve applied a long time back for an EB1-EA.

Second both the categories EB2-NIW and EB1-EA DO NOT REQUIRE ANYTHING FROM THE EMPLOYER. I am not on a permanent position and do not have a high salary. The whole point of EB1 and NIW is that you are applying on the basis of your extraordinary qualifications NOT EMPLOYMENT even though these are employment based categories. Kinda confusing but thats the way it is. What you are saying is that based on your abilities you will be awarded employment anywhere. So all you need from your employer would be a recco letter from your current boss. I DID get an employment letter from my University but that is to support your Form I-134 (support for Wife/dependents). My employer did not do any part of the I-140 processing either for EA or NIW. Hope that helps.

About your applying for EB-1 it does not matter if you use your physician talents or research talents. Its all the same. The more the merrier. The point again is to prove your extraordinary ability.....you are a doctor and a research scientist. You are already only 5% of the US working class educated. That makes you pretty special I think. Use that to your advantage and make a good application. Barring Murphy's law I would not imagine why you would not be accepted in either category. Just get awesome recco letters and loads of publications, citations, patents....yada yada....

Get on it man.
 
Kulbikr,
You wrote that you are on your 1st year of postdoc, however you got the EB-1EA approved. May I please ask about your credentials: how many pulications, citations, did you apply through lawyer? And what field are you in, if not secret.
I am trying to decide between NIW/EB-1EA... 2nd year postdoc, 10 pub., 11 cit.
Thanks.
 
Thanks, that helps!
I agree, I should have applied before I started my residency while I was a full-time postdoc; I had at that time already enough papers etc. I may be wrong, but I have the feeling that I am now in a weaker position simply by being also a clinical resident. As a postdoc with many papers I would have been someone in my application who is just about to get a faculty position. Now, it seems that I am very junior again by being a resident (despite the concurrent postdoc research activities). DO you think I see this wrongly? Should I explain in my application why I am a resident now, and should I stress mostly the research activities and minimize the resident job? Or should I just describe both independently?

Thanks!
AGM6
 
I dont think its that black and white AGM6....I mean even as a post-doc you aint a big shot you know...lol. So I doubt if a residency will minimize your research work. Yeah but what happens is that now you become one of the many FMG doctors applying for a green card which has different implications.(like work in minority area yada yada)...though I would not go on my feelings or yours for this. I say if you can hire a good lawyer who understands your point of view then he can make a case outta anything. I needed the GC soon because it would help me in getting a residency now at a better place (more leverage). I am applying for the 2007 match. I think thats what motivated me and my nagging wife....LOL. Otherwise I would not have been far off from you. I am a procastinater by choice. Anyways....I would say now dont think so much. Just hire a good lawyer and start the application right away. These immigration laws are poised to take a big change soon and I would not wait any longer. I have realized the more we think about what is going to happen in immigrations issues...the more that happens.....so I think we should do it and then worry later. In my opinion I would apply as a researcher rather than a Resident....or just say that part later. I think research would benifit you more.

And dont even try and do it yourself...just spend some dough and get a lawyer its always worth getting one than not. Trust me... :). With all the work and stuff at home....you dont need another headache just let the lawyer figure it out for ya.
 
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Thanks! It sounds that you needed the GC ASAP. How long did it take you from submission to approval of the I-140. Did you file simultaneously for EB1-EA and EB2-NIW?
Also, did you submit at the same time the application for adjustment of status or did you wait until you get the I-140 approval, and did you select consular processing?
It sounds that you made good experiences with a lawyer so far. May I ask how much he charged you and can you recommend a good lawyer who is not too expensive?
If you prepare the complete application and make everything yourself (including letters etc.), I am wondering if there are also lawyers around that would be willing to look at your finalited application and check that everything is ok and only charge a consultant fee instead of the whole package?

Thanks!
AGM6
 
AGM6 said:
Thanks! It sounds that you needed the GC ASAP. How long did it take you from submission to approval of the I-140. Did you file simultaneously for EB1-EA and EB2-NIW?

See my signature...tells the short story :) Yes simultaneously filed....EB1_EA approved in August and EB2-NIW approved in September end.

Also, did you submit at the same time the application for adjustment of status or did you wait until you get the I-140 approval, and did you select consular processing?

No when I filed for my I-140 the status of retrogression was not current. Luckily the day my I-140 got approved the bulletin for September current visa status was released and then I filed for 485 in September. Actually I did not know zilch about concurrent filing. I was blindly following what my lawyer said. I was so busy with my exams and work that had no time for this kind of research. Thats why I said it was worth every penny. :)

It sounds that you made good experiences with a lawyer so far. May I ask how much he charged you and can you recommend a good lawyer who is not too expensive?

So far yeah. Its not over yet though ;) . He came highly recommended to me via three other post-docs and a professor in my university who had used his services and had all been sucessful so i took him. Again i did not do a whole lot of research or anything. Like I said i was in a hurry and went in on limited knowledge. By gods grace it worked out I guess.

If you prepare the complete application and make everything yourself (including letters etc.), I am wondering if there are also lawyers around that would be willing to look at your finalited application and check that everything is ok and only charge a consultant fee instead of the whole package?

Cant help you on this. Different lawyers have different policies. The really good ones will want the wole case or nuthing I beleive. For me money was not an issue because if I did not do this right and fast my future stay here would have been questionable which is the entire point of having a green card...LOL. I would suggest google immigration lawyers and go on their websites or write to some of them inquiring of their rates. Most usually put up their fee structure up front. My cost for the lawyer alone was around $8500. The visa fees add up to about $1500 more. So if you do decide to hire them on an hourly basis they will still charge a lot. The package is for the entire process which includes many steps for GC......Filing in 2 categories, I -140, I -485, any RFEs you get (answering them is a pain in the A@#), I-865 etc etc. So at each step it helps to have some expert advice.

AGM6
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Do you actually mind to let me know who your lawyer is?
I have heard about different ones, but it may be helpful to get some names from people who had good experiences?
I hope it is not asking for to much, but I am currently writing my cover letter and my own statements for the I-140, and I think it would be very helpful to take a look at some applications that have been successful to get a feeling for how to write these things?
Thanks!
AGM6
 
P.S.: Can you comment on what actually retrogression status means? And how would you know what the current situation is?
 
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