University or State Govt. Envr. Agency - which is better for EB2-NIW

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pd_2004

Registered Users (C)
Hi,

I am currently a post doc at a university on H-1B. I have 2 more years in H-1B. This post doc position is likely to changed to a research scientist position at the onset of a different project early next year. At this juncture, I have now gotten a job offer for a permanent position from a State government environmental agency. They dont do green card. So I have to do on my own.

The question is which position is beneficial to do the green card. Will staying in my university post doc position (and hopefully changing to res. sci. position) be better and apply (on my own) for EB2-NIW or EB1-OR? Else, is it better to apply for EB2-NIW after joining state agency?

I dont know much...but I consulted a lawyer. The lawyer mentioned that I may be able to do EB2-NIW at the university, and with change of position to res. sci, we could try for EB1-OR. But the lawyer thinks that moving to the State government agency may not be a strong NIW petition since the work is for that particular state only, and cannot make a national argument that it is in "national interest". I dont know what difference it makes...but the lawyer seems to think we can do NIW while at the university (even in the current postdoc position), but not at the government agency (with the permanent position). I guess EB1-OR is out of question at the state agency?

The lawyer thinks that my qualifications may not be good enough for EB1-EA at either place.

Here are my qualifications:
Ph.D. in environmental engr, then 3.5 yrs post doc
3 grants
1 national and 1 regional scholarship/fellowship
1 university fellowship
Reviewer for 2 journals just recently (reviewed 2 articles so far)
Reviewer for conference ...reviewed 20 articles for conference proceedings
Member of Sigma Xi, ACS, Tau Beta Pi
10 publications - of which 2 as first author, 1 as 2nd author, and rest as 3rd or after
33 conference presentations
13 reports to funding agencies, 2 as first author


Please let me know, from Green Card perspective, which is better.

Is it true that I cannot do EB2-NIW if I go to the State Agency?

If I can do NIW while I work at State agency, then I might take the offer since I have been waiting for a stable position for a long time. If it is risky, then I might stay in the univ and try EB1-NIW or EB1-OR with research scientist position.

What is needed to improve my case?

Thanks in advance.
 
You should be able to submit a EB2-NIW right now if you have a good amount of citations, and if your field is interesting enough. Changing to a State Agency should be no problem as long the scope of your work is similar.
 
Thanks a lot for your reply, nscagony. I have probably about 8-10 citations in total. A few of them are all recent publications and so it will probably be a while before it gets cited.

The difference in work is that at university I am in research project, but at the state agency it involves regular environmental work trying to evaluate pollution and controls, and does not involve research. But both work is in the same field and subject area; just that the mode of work will be different, univ is in research mode and can extrapolate the work to be applicable to US as a whole, while state work is applicable for that state only. I don't know if I will be able to start NIW right now at the university before I move to the State agency (if I accept the offer). Will it be a problem if I start NIW AFTER I join the State agency?
 
with 8-10 citations it will be very difficult to justify you are outstanding or exceptional.

take the job work for few more years and then u can try NIW if the citation number increases.

in any case it is too early for you to apply.
 
Hi!

I read the comments of people for your question. I agree with NIW.. that you dont have very strong credentials right now for EB-1 definitely and may be for NIW, unless you prepare a very strong cover letter. In any case, I will wait for couple more papers as first author, hopefully by then there will be more citations, more articles reviewed for different journals, and I will not apply for NIW or EB-1 when your designation is Post-Doc. Wait for the designation to change to research scientist, at least that was what I was told. I dont know about the State govt job, but I think that they may say that it is not in National interest..talk with an attorney...
 
r u from one of those cursed countries (sarcastic)?.
if not, then NIW will be a good chance down the lane.
 
If you are on H1B you can give the I140 a shot (use a good attorney). There is basically no downside. You can reuse much of the same text in a year or two when you have more citations in case you get a denial. And if you are successful you can go ahead with AOS or CP.
 
Thanks for all of your encouraging suggestions. Ludhianvi, yes the lawyer whom I spoke to also mentioned exactly what you are saying. niw_help and nscagony, thanks for your frank inputs and suggestion. I will try to have atleast a couple more papers out, and probably get started on NIW by the side.
 
So you'd better stay with your institution even though it is not a permanent job.? Staying in the university does help you build up the credential. It is so controversy. But before you get the GC, you don't have many options. Too bad that the state government can't use you now, while you could be very beneficial to them.
 
:( yes, that's what I ended up doing. Declined the new job and am staying at the university. Otherwise, even though the state job is permanent on paper, it will be temporary for me because my H-1 will end in 2 years :( So after much thought I am now staying at university, and hopefully can get something useful done.
 
Very sorry to hear that. I think I know how painful you must be feeling.
Can't the government file the Labor Certificate for you, EB2? Guess that hope is very slim.
I suggest you start to collect the materials for the NIW now. While collecting, you know which direction to go to make your case strong. You never know, you may end up doing EB1OR. There are all similar. I started the collection in 2005 with the thought of EB1OR, yet filed my case in 2007 in EB1A. My previous institution filed LC for me but it got denied, then they refused to file EB1OR for me. Anyways, it could be a long long journey. By the time I filed my I-140 by myself, I felt that I could be an immigration attorney myself. Lot of people in this forum feel the same, I believe.
Everything shall be fine eventually.
 
Thanks for the encouraging reply. It is very painful to let go a good and stable position. No, the State would not do it. They are ready to do H-1 and its extension, but not GC. I hadn't given much thought about this, hoping I would find an employer (that I like) who would do GC through labor certification. Ofcourse that doesn't happen always. Now I realize the seriousness...have to start gathering all documents like u said. And hopefully, with guidance from all experienced folks in this forum, I will get something started.
 
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