no US publications, pls help!

P

ptfahadan

Registered Users (C)
I am preparing my documents to apply for EB-1 and EB-2NIW soon (hopefully in July). I have worked for 2 years in US as a postdoc. Although I have 15 published articles from my home country, I don't have any accepted papers from my US experience (3 under revision papers but none will be accepted by that time). I need to apply soon b/c of my wife situation.
Any idea/suggestions about this problem? do you think US publication is very essential and applying without that will greatly decrease my chance?
 
shall i submit I-485 joint with EB-1 or NIW?

Although I didn't get any response to my previous question, I ask my other question. I am filing my petition soon; therefore, any idea/suggestion is highly appreciated:
My lawyer says that dues to recent changes in processing time we don't need to submit I-485 along with I-140. I cannot completely trust him, since I have seen many people filing both together. Any ideas?
and since I am applying for both NIW and EB-1, with which one should I file I-485 (two I-485's will be very expensive)?
I see many members of this forum that in spite of having approved NIW, still re-apply for EB-1. I am confused. BY approval of any of them we can get GC, am I right? so why when someone has approved NIW, still has to apply for EB-1? can someone help in this regard?
I am waiting to hear your valuable answers to my questions. Thanks
 
I do not know of what the recent processing times are

Only in EB1 both I140 and I485 is current, therefore you can do it together. Concurrent filing

EB2-NIW - You have to get your I140 approved first, then when the priority date (based on your I-140) is current or available for processing (now it retrogressed to 2000 for India), you can apply for I-485 only then.

No. Approval of I140 means you have been eligible in that category and been approved of that eligibility. Therefore you have to maintain your legal status in H1-B till you can apply for I-485 and gets approved. If for some reason, you lose your job and go out of status in the period (since it retrogressed to 2000, atleast in the next 4yrs you should stay in a job legally before you can apply), you cannot apply.

So to answer your question, you can apply for EAD only with your I-485. You can apply for I485 only when your priority date falls within the processing dates. and you have to stay here legally during that period.

Sulpha
 
Thank you very much for your comments. As I checked recently, for my nationality both EB-1 and EB-2 are current. Do you mean I still need to remain at this job for 4 years?
 
Iam not sure of concurrent filing in EB2 category. Hope someone else answers on this.
But if it is current, then file your I140 get it approved, then apply for your I485. If it is current, it may not take that long for you to get approval, may be less than 6 months if it is current. I think you should be able to be in status in the job that long and apply for I 485 and EAD together once your 140 gets approved

Sulpha
 
Some have filed both EB-1 and EB-2 at the same time. Make sure you know the criteria for EB-2. It is difficult to say whether not having publications in US journals is will hurt. But publications in obscure journals may not help much. If the journals you have published in are considered good then it might work. Strengthen your application with letters of recommendation with some from the US.

My university always recommends concurrent filings for I 140+1485 for EB-1.

Good luck.
 
As far as I can tell USCIS doesn't know the first thing about what journals are good or bad. List what you can reasonably defend and hope for the best. The people who are evaluating your application often don't even have a high school degree. I highly recommend finding a good lawyer. They have experience presenting your case.
 
nscagony, you are perhaps right in what you say. It seems a toss of the coins as to who might be evaluating the applications. PTfahadan... good advice to find a good lawyer.

A colleague of mine with excellent credentials had his I 140 almost denied. The RFE sent to him was three pages long and tore to shreds his achievements. But the IO did not reject the application. The details of the RFE indicated a very knowledgable IO. The response had to be almost as detailed as the original application and carefully crafted. Any way things have worked out and his green card has been approved.

Any way ptfahadan, you may not suffer the same pain and I hope you do not. Good luck.
 
Thank you very much for your valuable comments. Actually, I am working with a lawyer on this; however, as suggested by many in this forum, I don't want to leave everything upon him. The journals where I have published are reasonable in their field (IFs from 2.0 to 6.0) and the articles have been cited well (~70). I am preparing lots of evidences to support. I hope these help.
I also have a question regarding letters of support: I know that letters from people who do not know me directly is more valuable, but what if the person is not really in my field of research (for instance letter from a neurologist working on Alzheimer while I work on addiction)? Any suggestions?
 
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