TSC I140 EB1B-OR Appeal Help!!!!!

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Registered Users (C)
Appeal help for denied I140 eb1b outstanding researcher.

I am a biologist working at xxxx. I received my Ph.D degree in 2005.
Here is brief background of mine.
1. biomedical scientist at contracted national lab.
2. 2005 ph.d graduated
3. 20 papers (9 during phd, 11 during work)
4. 124 citations.
5. 5 media reports.
6. 7 invited review to other manuscripts.
7. 4 regular memberships.
8. 3 student awards.
9. 8 recommendation letters, including one from Academic Science Member of USA

Critique from USCIS.
1. the awards the beneficiary has recieved were student awards, don't meet the criteria.
2. the beneficiary's membership in the scientific orgranization does not contain any information about the membership requirement.
3. the majority of these cited articles were written and published while the beneficiary was a student.
4. the beneficiary has judged the work of others by judging written material before it is published.
5. the evidence of the alien's work in original scientific or scholarly research contributions was again primarily done while the beneficiary was a student.
6. evidence of the alien's authorship of articles, again, the majority were done while the beneficiary was a student. a few were published in 2006.
7. the beneficiary does not have the three years of experience in either teaching or research since he obtained phd in 2005.
 
I am sorry to hear this. You should consult your lawyer regarding the 3 year experience. Whether it is postdoctoral experience or they count your Ph.D experience as three years. I have read it somewhere that, they will count 3 years research experience during Ph.D, if your Ph.D work is outstanding. Ofcourse, by your publications it seems that you have got very good publications. But, again, I am not sure, if they need 3 years POSTDOCTORAL EXPERIENCE.

Good Luck
 
Sorry to hear about the denial.
I think the 3 year research experience is necessary for the OR category. My suggestion is instead of the OR, you can again apply for the Ea category. Try to get membership details from websites the critical criteria and be a full or affliate member. If you ahve applied self, do a through study of the submisssions in this forum.
I am sure you can get EB Ea easily.
 
I am in the same boat. I finished my Ph. D 2006 and working in university as postdoc. University is ready to do EB-1 OR for me under permanent research position. My lawyer told me Ph. D exp. also counted as experience. Is that the only reason for denial for ur applicaton or did they mention anything else? Whats ur lawyer saying?...If u don't mind I have one question ..where did u do ur Ph. D?
 
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