My EB1-OR case--please evaluate

M

mimihu

Registered Users (C)
My EB1-OR case has been pending in NSC since Aug 2003. Now my wife wants to use her EAD but I heard it's risky if my I140 gets denied. I post my qualifications here and really hope you guys can give me your kindly evaluations to see how my chances are.

1) Ph.D. in Engineering in US (2003), research scientist in a univerisity

2) Publications: 3 first authored, 2 second authored, 4 third authored international leading journal papers, more than 10 journal papers in national-circulated journal and 5 conference papers; few citations since they are just out.

3) Reviewer for seven international journals (with letters from the editors)

4) Membership of an academy which requires recognized achievements and 80% confirmative vote from the directors of this academy.

5) 7 reference letters all from US, 4 are from independent sources.

I don't have any accountable award.

Thank you
 
You definitely have no problem for OR. Because your qualification for judging other's work is undisptutable. Your publication,citation and recommendation letter can either qualify you with 'original contribation' or "authorship", but i am worry about your citation, how many do you have. Overall you are safe with OR. The other concern is the Nebraska center, which is tougher than others. good luck.
 
NSC is processing EB1-OR dated on March 11, 2003.

I would say your qualifications would be enough to be granted for OR if you could clarify 3-year research experience.

Good luck!
 
Thanks for your responses!

Actually, all my international journal papers are just out recently (only two citations when I applied, now four). I understand citation is my weakness.

I had worked as a research engineer for two years before I came to US, and also four years of PhD research experience in US which was stated as "outstanding" in reference letters. So I guess it should be enough, but I am not very sure. :(
 
Mimi:

I don't mean to scare you, but one of my colleagues, who got almost exactly the same credentials as you, did not get his/her I-140 (EB1 OR) go through. So, in my personal opinion, you (and of course your wife) should play safe in this front.

-f
 
forfoo

Could you please give me more info. about your colleague's EB1 OR case?

1) In which center?

2) Did your colleague work in a university or company?

3) Most important----WHY did he/she get denied????
There's usually a RFE before the denial. Do you know what kinds of RFE your colleague got?

Thanks a lot.


Originally posted by forfoo
Mimi:

I don't mean to scare you, but one of my colleagues, who got almost exactly the same credentials as you, did not get his/her I-140 (EB1 OR) go through. So, in my personal opinion, you (and of course your wife) should play safe in this front.

-f
Click to expand...
 
hi mimi, don't be scared by this information. You should be confident for yourself. the OR is the easiest way among EB-1 and EB-2-NIW. Be sure you have a real permanent job instead of postdoc.
 
Thank you.

My job offer states that it is permanent full time position (not mention postdoc at all) even though the salary is in the level of postdoc ( in mid-30K). So I don't know whether this is convincing enough to CIS that I am not a postdoc.
 
Re: forfoo

Originally posted by mimihu
Could you please give me more info. about your colleague's EB1 OR case?

1) In which center?

--- CSC


2) Did your colleague work in a university or company?

-- a big company (with lots of people doing full-time research)

3) Most important----WHY did he/she get denied????

--- He/she gets the same title as me, while I managed to have my EB1-OR approved, his/hers was denied (because of bad luck, different review officer???). Basically the CSC center had issued an Intent-to-Deny (strangely enough, usually should be a RFE) to question all the 6 categories he/she had claimed in his/her cover letter. In my opinion, his/her lawyer (different from mine) didNOT do a good job on convincing the CSC that he/she has been offered a permanent research position which is commensurate with his/her background.

So, Mimi, I don't think your credentials will have big problem, but my suggestion is to be on safe. However, if you are really confident about your qualification, just go ahead.

-f




There's usually a RFE before the denial. Do you know what kinds of RFE your colleague got?

Thanks a lot.
 
Re: Re: forfoo

That's strange enough. I just asked a lawyer. According to him, all job offers are considered permanent job offers, with the exception of contract positions that specify a certain employment duration.

Thanks anyway.



Originally posted by forfoo
Originally posted by mimihu
3) Most important----WHY did he/she get denied????

--- In my opinion, his/her lawyer (different from mine) didNOT do a good job on convincing the CSC that he/she has been offered a permanent research position which is commensurate with his/her background.


-f
Click to expand...
 
References are important

in lieu of substantial citations.

Independent references from highly reputable people and especially from government employees bare a lot weight. You may try to get two or more references from reputable people (professors/department heads, or directors of government research agencies). They should not simply say your research is so and so important, your skills are highly sought, etc. A page or so "objective evaluation of your work" (e.g. one of your favorite papers or research projects) is more convincing.

While you are waiting, accumulate more credentials and preprea to submit if you get and RFE.
 
RFE for EB1-OR

I just checked the online status for my case. It says a notice of RFE was sent out yesterday. I will post the details of RFE after it arrives.

EB1-OR, NSC
I-140 ND :8/26/03
I-485/EAD/AP ND: 10/24/03
EAD AD:12/15/03
AP AD:12/16/03
I-140 RFE 1/15/04
 
Re: RFE for EB1-OR

Originally posted by mimihu
I just checked the online status for my case. It says a notice of RFE was sent out yesterday. I will post the details of RFE after it arrives.

EB1-OR, NSC
I-140 ND :8/26/03
I-485/EAD/AP ND: 10/24/03
EAD AD:12/15/03
AP AD:12/16/03
I-140 RFE 1/15/04
Click to expand...

So, it seems currently to issue an RFE is fairly normal in all processing centers. Mimihu, you should have No issue to pass the bar based on your qualification. Just be sure to write a good REF-reply. FYI, I also got a RFE for my EB1-OR application (from CSC) but my lawyer really did a good job on replying it.
And be sure not to use your EADs until your I-140 get approved.

Good luck!

-f
 
Foofoo,

What you said there at the end worries me a little. I was on O-1 (after using up my 6 years of H1) until recently when I went out of the country and used AP to reenter. I have a pending I140 that was submitted to VSC in Sept. 2002.

Now that my O-1 is invalid, should I worry about any trouble with my I140? My lawyer said, after I was approved for the O-1, that I140 should be relatively easy in my case. As you can imagine, I'm a little worried about the time it is taking to get these applications processed.

Max
 
RFE from NSC

Today my boss received the RFE from NSC. It is only about "permanent position" and no other issues.

In my original cover letter signed by my boss, it is clearly stated that my position(research scientist and lecturer in university) is "a permanent full-time appointment". However, I did NOT attach an offer letter because I thought it's not required and the statement in cover letter is sufficient (now I know I was wrong).

The RFE says the statement from professor(my boss) is insufficient. They ask for offer letter from an administrative hiring authority of the university. In my university the HR is not in charge of hiring. So, can the head of Department be an administrative hiring authority of the university, or the Dean of College? What else should I do? Thanks a million!!!
 
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There is a case very similar to yours in the AAO review on the USCIS website. It is only the university that can hire you. Your HOD or Dean of Academics can not write the letter. It has to come from the Administrative part, ie, human resources, of the university.

Your case should be approved once you obtain the letter proving the permanent nature of the position from the appropriate authorities in the university. Your RFE suggest that you met the other criteria.
 
Originally posted by Reverse_Man
Foofoo,

What you said there at the end worries me a little. I was on O-1 (after using up my 6 years of H1) until recently when I went out of the country and used AP to reenter. I have a pending I140 that was submitted to VSC in Sept. 2002.

Now that my O-1 is invalid, should I worry about any trouble with my I140? My lawyer said, after I was approved for the O-1, that I140 should be relatively easy in my case. As you can imagine, I'm a little worried about the time it is taking to get these applications processed.

Max
Click to expand...

Max:

I am not familiar with the O-1 visa category. So, I can not answer your question. Sorry.

-f
 
mimihu,

==============================
The director denied the petition, stating that the petitioner had not shown that the position offered to the beneficiary was permanent,...

The petiton includes a letter to the beneficiary from Dr. Bobby R. Phills, dean and director of XXX for the petitioning institution, offering the beneficiary "a permanent position as Senior Research Scientist inXXX.". In
a separate letter, Dr. Phills refers to the positions as "tenure track"

The director subsequently instructed the petitioner to submit an "empolyment contract and letter stating the potition title, tenrue requirements, salary, and any other terms and coditions of employment."

...e.g. if the job offered were a post-doc fellowship, which is almost always temporary in nature...

================================

So it seems it is not enough for Dean to sign the letter. Better to ask authorty, which I guess is HR Head.
 
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