Is my case for EB-1 strong enough?

A

Animalia

Registered Users (C)
Dear Friends

This is my first post. This is awesome website.

I am on OPT till Dec 2007. I am planning to apply through EB-1 EA . I have PhD from USA, Masters and Bachelors from India. My Bachelors is veterinary.

1. 3 first author peer reviewed publication + 2 co-author + 1 or 2 upcoming
first author
2. Total 35 citations of my publications (33 citations of first author
publications)
3. University Research Excellence Award for outstanding dissertation
(One attroney told me that university level awards do not carry much
value! is it so??)
4. Judged other's work as reviewer for 2 journals
5. 1 Provisional US patent
6. 2 international conference (1 poster presentation and 1 talk). The
conference where I presented poster is very prestigious (Gordon research
Conference-researchers are selected by organising committee to attend
the conference)
7. Travel assistance from Gordon research conference to attend the above
mentioned conference
8. Academic excellence societies: Phi kappa phi and gamma sigma delta
Professional Organizations : American society of microbiology (ASM),
American association for advancement of science (AAAS), American
association of veterinary immunology (AAVI)
9. I can provide 4 to 5 letters from unrelated reserachers and 4 to 6 from
researchers related to me

My questions are
1. IS MY CASE STRONG ENOUGH FOR EB-1 EA???:confused:

2. Is there premium processing available for EB-1 EA?

3. Does fellowship award of India and first rank in national level entrance in
India count for US green card?
 
society memberships that are open for everyone carry no weight. Do not use it as a criteria. You need societies that have very high reputation and selection is tough. The awards within universities or small awards will not fulfill the criteria. You need to fulfill 3 criterias perfectly. 5 papers are not enough. Unless your papers are in journals like nature or top most journals. You will also need letters from top experts from your fields. Letters from peers or unrelated experts will not work. If you can get these letters from top experts from around the world, it will be better. EB1 EA is very tough and your case seems weak.You may want to improve your credentials and wait for some time.
 
It is better to get EB2-NIW approved first and then try for EB1-EA.
Right now you can get all the benefits of EAD and AP if you are able to apply soon since everything is current now. Meanwhile you can make your credentials stronger and apply for EB1-EA after your NIW approval.
 
Hi pswami and mougc

Thanks for your suggestions.

Do you need employer sponsorship for NIW? Can we petition I-140 without employer sponsorship?
 
According to USCIS, you need to submit ETA 750 B along with I-140 for NIW.
Does this ETA 750 B need to be approved by Dept of Labor before petitioning for I-140 NIW?

Is this ETA 750 B going to be problematic for premium processing? i mean is it going to delay I-140 processing?
 
1- ETA 750B is a simple form that you just fill and include with your application. It does not need to be approved; the whole purpose of a National Interest Waiver is exactly that - a Waiver of the need for DOL approval.

2- Premium processing is not available for NIW applicants.
 
my two cents

Animalia said:
Dear Friends
I am on OPT till Dec 2007. I am planning to apply through EB-1 EA . I have PhD from USA, Masters and Bachelors from India. My Bachelors is veterinary.
1. 3 first author peer reviewed publication + 2 co-author + 1 or 2 upcoming
first author
2. Total 35 citations of my publications (33 citations of first author
publications)
3. University Research Excellence Award for outstanding dissertation
(One attroney told me that university level awards do not carry much
value! is it so??)
4. Judged other's work as reviewer for 2 journals
5. 1 Provisional US patent
6. 2 international conference (1 poster presentation and 1 talk). The
conference where I presented poster is very prestigious (Gordon research
Conference-researchers are selected by organising committee to attend
the conference)
7. Travel assistance from Gordon research conference to attend the above
mentioned conference
8. Academic excellence societies: Phi kappa phi and gamma sigma delta
Professional Organizations : American society of microbiology (ASM),
American association for advancement of science (AAAS), American
association of veterinary immunology (AAVI)
9. I can provide 4 to 5 letters from unrelated reserachers and 4 to 6 from
researchers related to me

My questions are
1. IS MY CASE STRONG ENOUGH FOR EB-1 EA???:confused:

2. Is there premium processing available for EB-1 EA?

3. Does fellowship award of India and first rank in national level entrance in
India count for US green card?
Click to expand...

IMHO, you case does not fit into extraordinary ability. I had stronger case and got denial (I should acknowledge my lawyer was not good).

1. First or not does not matter.
2. 35 is not a big number, though might be an argument for NIW (if cited are independent)
3. Outstanding among grads does not count for ea.
4. Not many
5. You have to show that it has been used
6. 7. Good. But without other staff, imho, not sufficient
8. Are any achievement are required to join?
 
I concur with the previous comment. Remember that the idea behind EB1-EA, as many repeated over and over on this forum, is: "the petitioner has a level of expertise indicating that he/she is truly one of those small percentages who have risen to the very top of his/her scientific field."

Keeping this statement in mind should help decide to go for it or not, and also to target the evidence given and the memorandum supporting the petition toward substantiating it.

Chris
 
tabetorv and ChrisV, thanks for the reply.

1. How many publications are enough for EB EA? for NIW?
2. How many jouranls you need to be reviewer?
I know "more is better". But is there any number you can attach based on experience.

I have a job offer and my OPT expires in Dec 2007. My EB EA case is weak.
H1-B cap has reached. Premium processing for NIW not avaialble. The only option left is O visa. What are my chances for O visa???
 
Hard to give a definite answer to your questions.

1. If you claim to be among the few at the top of your field, I would guess either a few 10s, or less but some in major journals like Science or Nature...

2. Reviewing journal papers is part of the normal work of any good scientists. The manual for the USCIS officers asks them to be careful about this criterion for this very basic reason. Member of the editorial Board of a major journal is definitely better, or having an editor claiming that you are one of the leading experts in your field and therefore are more sollicited than most other referees... The denied appeals made public by the CIS are full of comments on this.

Again this EB1-EA thing is rarely working on promises, and more often on achievements. In that sense, the more you can show, the better.

Sorry I don't much about "O". Good luck!
 
You must log in or register to reply here.
Top