OR question

U

ucsb_phd

Registered Users (C)
Hi Folks,

I have a PhD from a top engineering school in the US, and am now employed as a research engineer in a top Bay area
corporation. After much persuading, and with the backing of my senior director, my I-140 is getting pushed under the OR category.

I have 14 papers, 12 letters (4 international, incl. Canada, Japan, Taiwan, Hong Kong) of references from experts in my field (most I never worked with but met at conferences), and about 22 citations (mostly of my conference papers, since the turn-around time for journal publications in my field is high, and my research field is more conference-centric, which happen on a yearly basis). I also submitted a copy of an article which appeared in EE Times (a major trade publication), which devoted a paragraph to my research work presented at a conference.

I have reviewed papers for top conferences in my field (all ACM/IEEE), journals and also serve on the PhD committee of a PhD student. I have submitted the entire documentation to the attorneys handling my case through my company.

Despite this, there is some doubt in the attorney's mind as to the surety of this petition getting approved. Is this normal, and am I likely to get an RFE (so he says. according to him most OR cases get an RFE despite the strength of a case)? What are the current trends for the OR category at the CSC? Any help in this will be highly appreciated.

Cheers,
 
Originally posted by ucsb_phd


Despite this, there is some doubt in the attorney's mind as to the surety of this petition getting approved. Is this normal, and am I likely to get an RFE (so he says. according to him most OR cases get an RFE despite the strength of a case)? What are the current trends for the OR category at the CSC? Any help in this will be highly appreciated.

Cheers,
Click to expand...

It appears as if your credentials are very strong. If the petition was set up properly, I don't see any issues. There are no guarantees, which is probably why your attorney is being cautious. You can read countless cases here of reviewers that miss the most obvious fact and send out an RFE. I wouldn't spend a lot of time worrying about an RFE unless you actually get one.

Brian
 
Thanks Brian. I just hope this comes through. I have emptied my bullets as far as documentary evidence is concerned, so it is not a very comfortable thought as to what else I may need to provide evidence of my research credentials, in case an RFE is received.

This forum has been very informative, to say the least.

Cheers.
 
Do you have any membership or award?
Publication is important in terms of both quality and quantity.
 
No award per se, but several highly ranked publications (based on peer reviews). All of my papers have appeared in the premier conferences/journals in my area. Moroever, my research work has influenced research at several research groups in the US and Canada (this is documented in the letters I have provided). If I had actually received an award (e.g. best paper), I probably would be more stress free. Thanks.
 
It does appear that you have a very strong case.

Hence, I would say, be positive.Your case may be approved even without RFE.You never know!

And incase,an RFE does come along, I am sure it can be dealt with.

Don't worry.:cool:

By the way, did you think of applying under the NIW category too?I am pretty sure you would be approved in both the categories. :)
 
Thanks guys. Appreciate all the responses and suggestions.

No, I haven't thought about a NIW petition. Do you think this is an avenue worth pursuing, concurrently?
 
Go for it

You definitely sound qualified. Lawyer has to come up with a strong case, as you may know, a lot depends on how the case was put together. I would not even think about RFE at this point - get the petition out ASAP ... If your company can afford, you can even do OR, EA and/or NIW simultaneously ...

Good luck!
 
I would say, file for your NIW as well on your own.Let the company sponsored OR proceed in its usual way, independent of your NIW.

But, I would very strongly recommend you to hire a very good attorney for your NIW, without minding such attorney fee.He/She would be able to make a virtually undeniable case out of your qualifications.(no guarantees though,as you know).
 
I too believe that your case is very strong. It is normal up to a certain degree for the attorney to be somehow cautious, but you would also want your attorney to be enthusiastic about your chances and most of all enthusiastic about preparing an adequate petition for INS. I do not know whether you have liberty of selecting your own attorney but I would most definitely talk to more than one regarding your case and sense which one is more comfortable with your chances. I am not suggesting you get an attorney that is just eager to take your money without regard of the success of the petition, but in general the one that seems the most enthusiastic will do the best job in filing your petition accordingly. Just my 2 cents. But never retain an attorney without proof that he/she was successful before in such cases.

Like I said, you should most definitely have absolutely no problem in getting the OR approved. But that's just based on your own qualifications. How about the company? In OR, the type of company that you work for matters too. In general, the company has to be engaged a lot in research and it has to prove that it employs at least three researchers in the same field as yours. Also, proof of significant past accomplishements in your research field is also required. So your attorney has to be able to work seamlessly with your company as well in terms of getting this information written down for the INS.

Good luck.
 
Hi. Yes, I think you have a pretty strong case. If you have applied for some patents, that would be helpful. Also, if there are news articles about your company and your research (even if you are not mentioned by name), i think that would be helpful too.

Mine is a similar case. I have 13 publications including PNAS, JACS etc. 2 published and 5 pending patents inthe US and elsewhere. Articles have been written about me in a few journals/newspapers, and about the research in my lab in quite a few. my research has been instrumental in starting a company (have documentray evidence for this). I have reviewed for few journals (through my Ph.D/Post doc advisor), but don't have proof of that. I sit on the Ph.D committe of 2 students, and am advisor for one post-doc. I have documentary evidence that my research has and will directly and positively the US healthcare industry ina big way. My attorney is hopeful, but has issued the standard disclaimer.

good luck to you, and to all of us.
 
bostondoctor,

You should ask your advisor to give you retroactive letters from the Journal(s) for which you reviewed, asking you to review the articles. It would be helpful if he/she can include buzzwords such as "Based on your reputation, you are qualified to review .... etc.". This helps a lot.
 
Thanks guys!

I do have 2 pending patents. I have attached evidence plus a letter from the legal department's Director at my company attesting to this fact. Additionally, my company has close to 800 patents already awarded, and we have a full fledged research lab engaged in future technologies. We have close to 100 PhDs in our company.

A quick question? Any suggestions for good immigration attorneys in the San Francisco Bay area? Any experience with Dale Warner, or Jackson and Hertogs? Thanks in advance for your suggestions and help.

Cheers.
 
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