Should I apply for EB-1 or NIW ?

M

MDGUTS1307

Registered Users (C)
I would like to an opinon from the members for applyin for EB-1 or NIW.

My credentials are as follows:

Physician with board certifications in Internal Med and Gastroenterology
Published 10 original articles, over 30 abstract publications/presentations
Held a grant from the Canadian Inst of Health Research
Currently Editor in Chief of a Medical Journal (new journal, started this year)
Reviewer for 3 different medical journals
Have provided expert opinon on medical cases to the Veteran Affairs on a national level.

Thanks
 
Any other comments ?

Thanks.

any comments from other members will be appreciated.
How about applying for EB1-EA or NIW ? If I go thru the employer for EB1-OR, then am I tied to the employer for a certain duration of time ?
 
Re: Any other comments ?

Originally posted by MDGUTS1307
Thanks.

any comments from other members will be appreciated.
How about applying for EB1-EA or NIW ? If I go thru the employer for EB1-OR, then am I tied to the employer for a certain duration of time ?
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EB1-OR will defenitely tie you that employer.

From my point of view, it looks like you should easily qualify with a well constructed petition. However, I have read elsewhere (can't remember where) that foreign physicians have been given a hard time in the past with these sorts of things. There haven't been a lot MD's posting here so you may have a hard time getting help. An investment in a legal consultation may be worth the money.

Good luck,

Brian
 
Thanks

Thanks Brian.

I will contact a lawyer to review my case.

Is it true that the NSC is giving a hard time with EB-1 EA and O-1 applications ? Has anyone had any recent experiences with the NSC ?
 
MDGUTS

Did you apply for EB1-EA and O-1 at NSC??? I heard somewhat similar things however more true for premium processing petitions at NSC. Do share your experience so far, if any.
And yes, it seems you could apply for both EB-1 -EA and EB-2 NIW.
 
I have heard that NSC is tougher with O-1 and EB-1.
Not sure how true it is. Got a similar feel from a lawyer, not sure how confident he is of the info.

Have heard the same thing about premium O-1 service thru NSC.
Not too sure about regular O-1 application
 
ditto

heard the same from my attorney too (wonder if he's the same!?) - but also couple others ---all that you mention about NSC is, more likely than not, true.
 
Can one file for EB-1 or NIW in any center or does it have to be the service center for the region ? e.g could on file with VSC even if lived in area covered by NSC or CSC ?
 
Originally posted by MDGUTS1307
Can one file for EB-1 or NIW in any center or does it have to be the service center for the region ? e.g could on file with VSC even if lived in area covered by NSC or CSC ?
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It has to be in the jurisdiction where you intend to work. In the case of a self-petition, it has be in the jurisdiction where you live.

Brian
 
??? (leroythelion)

Even if EB-1, EB-2 are self petitioned - can one file those in the jurisdiction where one intends to live and work ---rather than where one currently lives??? Please answer only if you are certain (with a source reference!!).
 
Re: ??? (leroythelion)

Originally posted by rdip
Even if EB-1, EB-2 are self petitioned - can one file those in the jurisdiction where one intends to live and work ---rather than where one currently lives??? Please answer only if you are certain (with a source reference!!).
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OK, then, I won't answer. I would imagine that the onus is on you to show you have a legitimate job offer in another district.

Brian
 
Brian

Brian, do'nt get me wrong - I was trying to figure out that since self petition EB1EA and EB2@NIW(based on EA) do not require a job offer --- I would presume that one can apply in the jurisdiction where one intends to live (although where you live and where you work go hand in hand, however, since the categories I mentioned do not require a job offer - the burden of proof is to prove where you intend to live rather than work).
 
Re: Brian

Originally posted by rdip
Brian, do'nt get me wrong - I was trying to figure out that since self petition EB1EA and EB2@NIW(based on EA) do not require a job offer --- I would presume that one can apply in the jurisdiction where one intends to live (although where you live and where you work go hand in hand, however, since the categories I mentioned do not require a job offer - the burden of proof is to prove where you intend to live rather than work).
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S'alright. I just think that if you send it to a jurisdiction that has no link to, then you are risking another 2-3 month while your case is transfered.

A literal interpretation of the I-140 instructions states that the petition is to be filed in the place of intended employment. Since 99% of I-140's are not self petitions, this is usually easy to interpret. Post this on Ron Gotcher's site. He'll probably give you a good answer.

BTW, while it is true that you do not need a job "offer" for NIW or EB1-EA, you do need to have a job at adjustment time to satisfy the public charge criteria. Despite having an EB-1 EA approval, I was required to show an employment letter at my CP.

Brian
 
Brian is right

I think that we cannot file in just any Center. Because someone to avoid delays or to avoid a hard service center might file at another service center. One cannot reasopnably argue against anyone's wishes to stay in one part of the country rather than the other after a certain period hence I think (my opinion) that we need to file only at the center to which we come under (emloyer or self petitioned respectively) at the moment of filing.
 
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