In finaly year - EB1, NIW - time, timing???

[a_b]

There are some people who would have ignored this immigration thing for a long time assuming some angel will knock the door with a green color card - I guess i was one. Your expert opinion solicited:

Plus points:
- Letters from major gurus in my field (like the top .001% - kinda like nobel receipients). Could not get from a turing award winner as he passed away - sad.
- Letters from some major industry associations in software industry and standardization forum. Letter from a Senior director of research reporting to CTO of a big forbes global 2000.
- Field is work a lot of $ (storage software industry).
- work at a major research lab and have active collaboration with multiple nationally important research lab or big-time federal projects dealing with several tens of milions of dollars.
- about a 100 citations (not a first author though)
- Tutorial talks, invited talks in several important conferences in my field- i was involved in the creation of the new field and got invitations from major publishers to write book (but did not write any thing - not even papers - kind of not academic savvy).
- Some component of my technology has helped in a startup through my university (i am not associated with the company though)

Time and Timing:
- Sixth year on H1B only 11 months more
- Been only on academic H1B all this time
- Indian National
- Nothing done on immigration front so far

Negative stuff:
- I am only Masters (had a PhD admit, but decided to drop out thinking i will form the next google or EMC or IBM)
- Very less $alary - what to expect, its a govt research lab. Was thinking of the google thing again.
- Even though mnay conferences wanted me to talk - i did not write papers. ONly handful of papers. First author in only two or three.
- But about a ten international conferences had invited talks or tutorials from me. They did publish my abstract of the talk - will that be considered as a publication in USCIS counting metric?
- I have only 11 months left
- I can not file any employer dependent thing (university research lab wont sponsor this). It has to be self-petition.

QUESTION: (Please assume or understand i am naive on this topic, even though i learnt some terminology here).
- My lawyer firm wants to file NIW like yesterday or this week. i have only 4 letters now. Isn't it "suicidal" to apply with so few letters??
- In any case, how will it help me if i need things to be done in 11 months. Even if i get my i-140 for NIW approved wont i get stuck in 485 because of EB2??
- I can get recco letters from few major federal agencies and projects. Should i wait to prepare a better case with any of the EB1 categories that dont need employer letter?


I know i can ask my lawyer these questions - I know i have lot of them. However, I would like know different opinions from gurus - please provide your perspective. Thanks again folks and good luck to you too.

 

[a_b]

Also i am a pawn

Forgot to add another negative thing: i am not a PI any of the projects. But, many projects worldwide use our software.

 

[Galactus]

Lots of questions need LOTS of answers

Long response- given the many questions. But, I think this response will help other people asking the same questions as you.

1. You can ask a lawyer your questions. But, as most people will testify, even a good lawyer can only interpret the law for you and add a few tricks of the trade. You are the best judge and advocate you have, as no one understands your work better. In such "understanding of your work and its relative position in the filed", lawyers are particularly limited compared to your peers or the likes of those you would find on this forum. Good lawyers often tend to present a gloomier-than-true scenario.

2. Don't worry about timing , unless you have to leave your current job. Your current job is your claim to fame. So, use it well. 11 months is plenty of time for a rescue act. For comparison- it took me 3-5 weeks to put my whole together, documents, letters etc., and it was very comprehensive. About 200+ pages. You can always choose premium processing-- 15 days for $1000 more. [I am sure a super-premium $10000 for 15 minutes is right around the corner. Oh, how I love rampant capitalism. Everybody is for sale.]

If you are in a 485 'current' category, you will have your card within 3-6 months. You can also get H1 extensions ad infinitium, once you file.

3. Your situation is best suited for an EB1B-OPR. First step is to negotiate with the university, telling them that a) you will avoid Labor process, which takes up most work; with any of the "merit" categories, the candidate does all the work instead b) say something like, you will pay for it anyway c) get your lawyer to say that they arent "bound" to you as all I-140 job offers are prospective. d) Tell your university you staked your career on them, and now they better give back to you. Keep going at your university until they wilt.

4. You could try any of EB1A, EB1B and NIW. When in a hurry, NIW is of little use to retrogressed nations like IND/CHN. NIW is useful only if you peculiarly satisfy some NIW criteria, but don't meet the "top of the field" requirement of the EB1s. EB1B fits your case best since the usage of your software worldwide, and the invited talks all directly attest international impact. There is no salary requirement for EB1B, and USCIS is sensitive to salary caps and grant funded jobs at most universities. You should however document the "salary caps" etc, to prevent them from raising questions. Also note another thing: you don't have to claim to be a researcher in your area for an EB1A/B. You can say your expertise is as a "research software developer". This is an accepted job description category. Citing this, you can claim an excuse from not having citations or enough papers- since that isn't your job. Instead, play up your invited talks heavily, as also usenet posts for your software support, the tutorials, invites to write books (so what if you didnt write.. you were at least asked to..), and explain how these all make up "comparable evidence" given your "peculiar and particular" job. A Masters is more than enough. USCIS decides things on a case-by-case basis and how you fit the criteria. A PhD doesn't really help, if you have nothing else to claim. Note carefully that you have to still state that you do do research and further the cause of research with your software and are not some programming machinist. Not being a PI doesn't matter; just make sure that enough people say you have done a lot; and you can prove that you have done a lot.

5. Regarding your impact, apart from these letters you mentioned, you can get testimonials from third persons who have used your software, this company that is using your technology and so on. You should persuade USCIS to weigh you in the light of the metrics you present; don't try to narrowly fit the criteria "they" specify. To use tutorial talks as evidence, you or the attendees, must first say that those who attended the tutorials, would have died if they couldnt learn to use your software/technology. E.g. If you are from, say ABC Corp. and came up with a new Java technology, you will naturally "have to give" a lot of tutorials about it to get people to use it; but it counts for impact, only if a good number benefit from it; otherwise it joins the world's big barrel of useless innovations. Impact counts, whereas the mere fact of innovation doesn't.

6. If you are doing premium processing, you must have all your supporting materials on day one. Otherwise, you can send things in, for a few months. I had a major cover story on me published 4 months after my 140 went in. They still accepted it. On the other hand, if there was any need to apply in a rush and secure a priority date, you could send in what you have, not do premium and complete your file in a month or so. (Why bother rushing?)

7. As regards process: If you file an NIW 140 over the summer, you have to wait possibly till sometime in late 2008 or 2009, to file a 485, for adjustment of status to get a GC. If in this time you have left the US, you can use Consular Processing. If you file an EB1A or EB1B, they are likely to be current for 485 in October or soon after. Once you file your 485 and it has been pending for 6 months you get portability to another job, which fits the same job description. This applies in the case of EB1B. It is prefereable that you file 140/485 concurrently. Roughly 8 weeks after applying, once you get an EAD and AP, you can stop worrying about your H1. If the application fails, you can always go back and resolve the H1 situation.

As long as you sweat hard enough, I think you have a very credible EB1A/B case, and therefore an NIW also. One benefit with EB1B- employer in your corner is a plus. Bug your university hard.

Also, be careful to choose an attorney who does a lot of university work, as opposed to corporate immigration. Most people don't notice this. But, it matters a lot.

Lastly, I am sorry for and can sympathise with your altruistic expectation of a stork flying in with a green card. Academia tends to inspire nobility of sentiment, but seldom takes care of its own, on its own.

 

[chatterjee1]

After Galactus' comprehensive post, there is not much that I can add except to validate his point that a master's from a credible university is good enough given all that you can provide in your favor. I have a master's too(and like you, finished my PhD coursework before jobs lured me), however, I have successfully put together EB1EA. My attorney just did the paperwork. I am from the finance field and attorneys did a double take when they heard I wanted to apply in this category. "Its only for people in academics or associated with research organizations", I was told. Nevertheless, I got it. I think what nailed it in my favor were the letters and evidence of wide media acceptance/citations/interviews of my research. I remember it being more than a 300 pg application. I did put a lot of hard work into my application and did not let my attorney change/add anything other than proof read it. As Galactus mentioned, your attorney just knows the law, no one knows your work/contribution as well as you.
So go for it and Good Luck.

 

[a_b]

Mo Questions (From last minute guy)

Thanks Galactus and Chatterjee. Galactus, I appreciate your elaborate response and your time. I understand your perspective that we would be the best person to judge ourselves.

I still have questions. I am unable to make a decision as i still have some "unknowns" regarding the options open to me at this late stage. Could you folks give a try:

1) If i apply for NIW and get my I-140 (NIW) approved in my 11 month time, do i get to extend my H1B after my 11 month deadline???

Long response- given the many questions. But, I think this response will help other people asking the same questions as you.


If you are in a 485 'current' category, you will have your card within 3-6 months. You can also get H1 extensions ad infinitium, once you file.

I guess i am ok getting the EAD to get started. Is there any benefit for getting I-140 approved (for me with only 11 months left)?

3. Your situation is best suited for an EB1B-OPR. First step is to negotiate with the university, telling them that a) you will avoid Labor process, which takes up most work; with any of the "merit" categories, the candidate does all the work instead b) say something like, you will pay for it anyway c) get your lawyer to say that they arent "bound" to you as all I-140 job offers are prospective. d) Tell your university you staked your career on them, and now they better give back to you. Keep going at your university until they wilt.

I asked my colleague with PhD - seems univ won't move a muscle even for PhDs - unless i am on a research or academic track. I used to be in a different univ - no use now. But he said EB1-OPR can be done without the univ involved.

Lastly, I am sorry for and can sympathise with your altruistic expectation of a stork flying in with a green card. Academia tends to inspire nobility of sentiment, but seldom takes care of its own, on its own.

Thanks for your empathy - however it was my choice to remain in academia for a far lower salary for the last few years and also to ditch my PhD - I was hoping for the best - I prefer to take it like a man. Just want to look at what i can do from now. If I-140 approval on NIW can do some thing for the short term after 11 months, i prefer to go for it (meanwhile work on EB1). If not, i am kinda and concerned and open to know my options.

Thanks everyone.

 

[Galactus]

1) If i apply for NIW and get my I-140 (NIW) approved in my 11 month time, do i get to extend my H1B after my 11 month deadline???

No. H1B extension is possible through something called the AC21 act, which only applies if your employer has filed an I-140 for your GC and there is a 485 in the picture. Ig you get your NIW approved, you get to leave the country in 11 months time and apply for Consular Processing for your green card. So, as I explained this morning, it doesn't help you one bit. Unless you leave the country.

I guess i am ok getting the EAD to get started. Is there any benefit for getting I-140 approved (for me with only 11 months left)?

I believe you don't have an understanding of the rudiments of the process. There is no EAD eligibility in question, UNLESS you have an approved I-140, and filed your 485 (or filed both concurrently). Please read up on th process thoroughly. Your options are to file an NIW/EB-1A/EB-1B 140 or both an EB-1a/b 140 and 485 concurrently in OCtober.

I asked my colleague with PhD - seems univ won't move a muscle even for PhDs - unless i am on a research or academic track. I used to be in a different univ - no use now. But he said EB1-OPR can be done without the univ involved.

Nonsense. OPR explicitly needs an employer. The employer IS the petitioner and actually receives the 140 approval. You don't even see it. Only options to not use your university are a)find another employer who wants you permanently, and agrees to do GC processing beforehand (such as the start-up you mentioned) b)a body shopper who is willing to show you as an employee. What you do after you get your GC (get projects thru him, giving him a cut, or stay on at your univ) is between you and him; plus, he will charge you 20-50K to file anything for you. Plus it is almost impossible for bodyshopper scum to show that they have 3 full time researchers and have a credible research record.

I say this again. Forget what others say. Go fight hard at your university, in the manner I described earlier. Reread my earlier post. Don't stop until they yield.

EB1A is clearly an option for you also. But try to coax the university first.

Thanks for your empathy - however it was my choice to remain in academia for a far lower salary for the last few years and also to ditch my PhD - I was hoping for the best - I prefer to take it like a man. Just want to look at what i can do from now.

Yes, this is altruism. I am the polar opposite. Until getting disabled, I used to be somewhat affiliated with a university I love. However, as a cynic and cognoscentus of the current academic set up, I used my university as a calling card to other things and reserved my best for these; never for the university. These other ventures got me a lot more in life, than the university per se- research impact, funds, standing, media outreach etc. and eventually, a very strong EB-1 application, not to mention Nobel Laureates and Senators writing in support of me, due to my non-university record. I don't think my kind of pure cynicism is correct. Academia does some good. But altruists like you, only get martyrized by the hierarchy-minded academic dinosaurs. Just tell yourself that someone else can be martyrized now. Shouldnt your professor/PI be looking out for you now? Where is he?

If I-140 approval on NIW can do some thing for the short term after 11 months, i prefer to go for it (meanwhile work on EB1). If not, i am kinda and concerned and open to know my options.

I-140 approval for NIW only gets you a Consulate appointment in India or wherever, in 2009. You will still need to exit the US.

Your only options are to file an EB1A and/or EB1B and/or NIW at the earliest. You have already wasted one day. Get off your tuchas! File any two of these but I think it is enough if you cleverly pursue an EB1B or EB1A.