How long and what are the chances

jayks

Registered Users (C)
How long does it take to get a GC (final adj of status) through EB OR, I konw its difficult to answer but what is median/mean duration. Also I would greatly apprciate if somebody could assess my eligibility/chances
1.MD degree (India)
2.three years teaching experience (India)
3.Post doc at one of top 10 research university in USA right now, open ended offer for job present
4.employer recognized as world leader in his field and kind of work I do is also unique
5.three journal papers ( 1 India, 2 USA)
6.three abstract papers (usa)
7.Citations unknown (papers recent but could find a couple of them)
8.presented two abstracts at international conference switzerland. travel awarded by university
9.Member of Indian and American medical associations and an association of professionals in my current research area
10. no significant award
11. Very recently became reviewer for a couple of papers for a journal
any inputs will be appreciated
Thanks

Jay
 
If recognized as permanent employment

Briefly, EB1-OR requires:
1. Advanced Degree
2. 3 years teaching/research in the field
3. Exceptional Ability
4. PERMANENT job offer

You clearly meet the criteria (1) and (2), if your 3 yrs.
teaching in India are applicable, relevant, and well-documented.
My rough take is that your qualifications probably also meet
the criterion (3), though that might be a tad borderline.
Condition (4) may be a problem: INS generally views PostDoc
positions as a fixed-term non-permanent employment.
If you can obtain another, clearly permanent position with
your University (e.g. "research scientist"), go for it.
 
Thanks but what if it is permanent

I understand and the job offer would indeed will have a different designation, commensurate with the salary (definetely not high but neither too low). Do I still have a chance.
Thanks

Jay
 
You need to read Instructions on Form I-140

I got EB1-OR approval 2 weeks ago and did everything by myself. Jay, you have to read Instructions on Form I-140 first. You will find that you must meet TWO minimum requirements:

(1) 3 years employment (You are OK)
(2) Permenant research position (You should be OK if open ended)

You must meet at least two of six qualifications listed on I-140.

1. major award or prize (You miss)
2. Advanced or high-level membership (You miss)
3. Publication about you (Citation is acceptable, but not strong)
4. Reviewer or panel member (You OK)
5. Original contributions (You OK with papers)
6. Your Publications (You OK)

You satisfy 3.5 qualifications which is > 2. You have good chance. The major problem is your title. Postdoc is not a good title for EB1-OR. Research associate, research scientist, research professor are better. Note that permanent job offer = an open ended job offer. You must have something like "this position may be renewed subject to the funding availability" ...
 
Thanks eb1tsc, How long

How long did it take in your case, I have to assess this also because the goodwill from employer may fade out if the process stretches too long. I mean even if I have this "permanent" offer, the employer is known to hire new researcher every 1 to 2 years. Right now he will cooperate to the fullest.
thanks

Jay
 
You may be free in one year. It depends on where you live

Hi Jay, Nebraska Service Center (NSC) is most efficient. It takes NSC 1~2 months to judge an I-140 petition, but TSC which is the worst takes 6 ~ 12 months to do the same thing. Once you get your I-140 approval, you can submit your I-485. 6 month after you submit 485, you are free. You can change job within the field you state in your I-140. Now, do you get the complete picture? Max 12 months on 140, max 6 months on 485, that is total 18 months. This is the worst scenario. The combined number will be less than 12 months in NSC.

It will take you 1~6 months to assemble your I-140. I waited 3 months in order to get one of the supporting letters. There will be 2~4 weeks gap between 140 and 485.

To prove that you are internationally recognized, you must collect supporting letters out of USA. You may have max one letter from your home country (India?).

You should do EB1-OR and NIW at the same time. NIW does not depend on the job. Something great is that now NIW and EB1-OR have very similar requirements. You can basically share some of the supporting letters. Note that you do not need supporting letters out of USA for NIW.

Good luck and happy holidays.
 
Depends

This highly depends on the service center.
Right now for I-140 count: NSC 3 month, VSC/CSC 4-6 month, TSC up to 10-12 month (if no RFE, more if RFE). Then for I-485 (AOS) 12-18 month, probably less if CP depending on the country. So I\'d reckon
1-2.5 yrs., depending on the center, if you get RFE and how bad, whether you do AOS or CP, how quickly your security check passes, how long your medicals take, whether your have to do 2nd fingerprints, if priority dates retrogress (though unlikely as of today), zillion other variables, random variation, and unpredictable future.
I personally wouldn\'t launch EB1-OR unless I have a reasonable job
security for at least two years forward, and probably three. YMMV.
 
several

The main concern for OR is the title, and your 3 years of teaching. How to get your teaching linked to your current work. OR needs 3 years of experience for research, the petition based on. besides, your publications are not strong. I advise you to get a good lawyer.
 
three-year experience?

OR need 3 years of experience for research? So do you think it is possible to apply for I-140 by OR after 2 years postdoc experience without any other working experience? Thanks a lot for your comments.
 
No Title

The time you worked as a research assistant during your grad study may be counted in. But note that two years of half-time equals one year.
 
no

It is the first requirement. If you do not have the experience (3yrs), you cannot even start it.
 
eb1tsc, please elaborate on "free"

Hi, thanks for all the great input that everyone has provided on this thread. eb1tsc, could you please explain how one could be free after six months of filing an I-485 as an EB1. Is being free specific to being an EB1 or is it a general rule for everyone who files an I-485?

Thanks in advance.
 
180-day rule applies to all employment based I-485 applicants.

I-485 applicant may change job 180 days after filing. But one must stay in the field specified on LC or I-140 petition. You should visit I-485 discussions on this forum. There are plenty of posts about 180 day rule.
 
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