Please review my case: NIW, EB1-OR or EB1-EA

C

chandtra

Registered Users (C)
Hi,

I am planning to apply for all three categories to Texas serrvice center.

My credentials are:

1, 4 published journal papers
2, 2 conference papers
3, I am a research scientist-- began work Mar 1, 1999
4, Ph.D in Physical Oceanography from US university
5, All my work is defense related.
6, Principal Investigator in one project-- obtained money from defense
7, 6 citations
8, 4 professional memberships
9, 10 reference letters

My questions are:

1, which category is the fastest ? NIW , EB-OR, or EB-EA
2, I have worked little less than three years as Research Scientist-- Can I still send out application to EB-OR ?

Thanks a lot,

Chandra
 
No Title

Texas service center, and graduated with Ph.D 1999. Was Research Assistant for several years. Forgor to mention also have 3 awards and 5 journal papers in review.

Thanks,
Chandra
 
check requirement before you file

I guess you cannot file OR at least until March. That is 3-yr rule. I think NIW require 10 yrs of work experience.
 
Comments

Probably OK credentials for OR, wait out till 3 yrs experience
and file. NIW doesn\'t require 10 yrs. (or any specific) experience. But its real dicey, chances highly depend on where exactly you work, what you do, and how claims are supported. The fact of defense funding
is helpful, but not determinative of itself: a good half of academic
research in physics/chemistry is billed to DARPA/AFOSR/ONR etc.
I\'d say someone with these credentials may try EA if had no other options, but chances are so-so.
 
No Title

Actually I was a postdoc with Naval Research Lab for 1.5 years and 4 of my recommendation letters are from Navy (NRL and CNMOC). Thanks, I guess I will wait until March to send the papers over for EB1-OR

If NIW is approved does it take longer time than EB-1 for the I-485 stage ?

Thanks,
Chandra
 
Thanks for your correction

I looked back; 10 yrs is only one of the criteria from NIW, not required. Thanks.
 
More comment

10 years employment experience is one of six qualifications for EB2. An NIW applicant needs to meet at least 3 of 6 criteria. According to my past attorney, the time spent as a research assistant may be used to fulfil the requirement of 3 years experience IF the applicant acquired the degree sought. If any of you disagrees, please post some evidence or links. Thanks.
 
Not really

In fact, one has to EITHER be an "advanced degree professional" OR of an "exceptional ability", the latter demonstrated by satisfying those
3 criteria out of 6. Since, in practice, any reasonable NIW candidate
holds at least an M.S., the 1st is always fulfilled and the issue of "exceptional ability" becomes moot. INS essentially never denies
NIW on the basis that these requirements aren\'t met, it\'s always the
"national interest" claim that is questioned.
 
Presentaion of documents

Hi,

I am ready to send my EB1-EA and EB2-NIW papers out. I was wondering how to present all the material. I have about 100 pages in documents. I was thinking of using a binder with three punch holes. Can somebody please tell me how they presented their doucuments.

Thanks,

Chandra
 
I saw a case in my own eyes

that INS disputed the years of PhD (of course he got PhD from a decent American university) counted towards 3 years. Depending on who is reading, you may/may not get through.
 
EB1-OR and EB1-EA

Hi guys,

I knew we can file both EB1-OR and EB1-EA at the same time, but my question is:

Can I send EB1-OR to TSC, whereas EB1-EA to VSC?

I am in the TSC area, and will file the application by myself.

I heard someone said that we can send EB1-EA or NIW to any INS service center, is that right?

Thanks
 
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