Greencard filing - Outstanding researcher - Retrogression..

[PVK]

I solicit your help and suggestions regarding my qualifications and position.

I am working as as a research scientist (permanent position) in one of the university and thinking to apply for GC.

Qualifications :

1. Ph.D from India
2. 4 years of post-doc experience in USA
3. 30 research publications of which 25 are first authored ones.
4. Manuscript reviewer (judge) for more than 6 journals.
5. Employer is ready to sponsor.
6. Can get 14 recomendation letters from different countries, supporting my research.
7. Atleast 20 citations of my work in journals.

Now my question is : with the retrogression in I-140 processing for Indian nationals, what options do I have for my GC processing?. I have not yet filed for GC in any category.

Which is the best strategy for me ?. I have only two years of my H-1 B left.

Thank you very much for your suggestions and I greatly appreciate your help.

Sincerely

PVK

[PVK]

I solicit your help and suggestions regarding my qualifications and position.

I am working as as a research scientist (permanent position) in one of the university and thinking to apply for GC.

Qualifications :

1. Ph.D from India
2. 4 years of post-doc experience in USA
3. 30 research publications of which 25 are first authored ones.
4. Manuscript reviewer (judge) for more than 6 journals.
5. Employer is ready to sponsor.
6. Can get 14 recomendation letters from different countries, supporting my research.
7. Atleast 20 citations of my work in journals.

Now my question is : with the retrogression in I-140 processing for Indian nationals, what options do I have for my GC processing?. I have not yet filed for GC in any category.

Which is the best strategy for me ?. I have only two years of my H-1 B left.

Thank you very much for your suggestions and I greatly appreciate your help.

Sincerely

PVK

[Sugarpuff]

I don't want to blow sunshine up your butt as I think you will be better off with a straight answer so please do not take this as any thing else. In my humble opinion you do not qualify for extraoridary ability petition at this point in your career. Furthermore I don't think you have a "slam dunk" Outstanding Professor/Researcher petiton until you have sat on some editorial review committees. Preferably for books not journal articles.

You should be able to qualify using PERM. This is a bit of tideous process for your employer but would be easier if they filed the PERM within 18 months of your having been hired for the position as they would then qualify for special handling. If they miss the 18 months it is still very possible it just takes more work.

HERE IS THE CRITICAL PART:

You must have a PERM petition or an I-140 based on Outstanding Professor/Researcher (or both) submitted BEFORE the end of your 5th year in H-1B status. If you make this deadline your employer can extend your H-1B past the 6th year while the PR petition is pending. If you miss this deadline they will not be able to extend past the 6th year.

[Sugarpuff]

One more thing:

Do yourself a favor and get a crendtial evaluation done ASAP and submit it with your peition. Even though it is not required I have seen several petitions with foreign degrees bounced back asking for a credential evaluation. I say do it ASAP because sometimes the companys that do the evaluations take their time. Shop around, there is more than one company offering this service.

[dragonlady]

If your employer is ready to sponsor - your best bet is to have them hire the lawyer to deal with your issues. With 2 years on your H-1 B left, you have time and the University usually has the best legal contacts. As your sponsor - they have to come up with the proof and so they will hire the lawyer. (Been there, done that.) Asking someone on this site to determine your qualifications is like asking for lobster at Dairy Queen. (You are a smart person - you know that).

If your employer will sponsor have them do that. Check on the Visa bulletin (Department Of State website) and you will see the priority dates for you area - which are current I believe.

[dragonlady]

(Anyone who answers questions with terms like "sunshine up your ****"is rude and somewhat beneath you and is not showing any respect for you or your query.)

[Sugarpuff]

Give it a rest brownie, I would rather be called rude than wrong. Telling someone where they should ask a question is called pandering and THAT is what is insulting.

My guess is the university has someone on campus who will process the documents for you. In fact most colleges are loath to hire outside council. Signing a G-28 gives the attorney authority to represent the university and in-house council has a real problem with this.

PVK;

As far as your Outstanding Provessor/Researcher qualifications go:

I know it says 2 to 3 are sufficient but you have to remember that the petition is adjudicated by an officer who has the discretion and duty to weigh the evidence you present. The less you provide the better it has to be and in my experience I have never sent any less than 4 and have never had an OP/R denied.

It used to be that journal publications themselves were impressive to officers. Indeed Graduate Assistants used to get OP/R's approved. Times have changed and adjudication officers have gone past the learning curve. They realize that journal articles are the NORM for your profession and do not in and of themselves demonstrate "oustanding" ability.

I went to the Nebraska Service Center open house last year and had lunch with adjudicating officers. I was floored at how much they knew.

I am not saying you should not apply for OP/R OR that you have a bad case. I am merely saying it is not a slam dunk and you should consider at the very least a PERM case be filed.

[dragonlady]

pandering: pander: A go between or liaison in sexual intrigues: procurer/ One who caters to the base desires and tastes of others and exploits their weaknesses.

If you are going to use the big words at least look them up to see what they mean. sometimes one needs to be careful - you don't know who you are talking to...

So puff sugar who died and made you God? I think you would be floored by any kind of knowledge -

I hope this person does not take what you have to say as anywhere near the truth. One can tell by your language you were born in a barn - gutter talk.

[Sugarpuff]

I know what pander means and that is what you are doing to Dr. PVK. You are catering to his base desires and insecurity about wanting to immigrate sucessfully yet not knowing the rules of how to do it. You then exploit this weakness by telling him to go to an attorney. Classic case of manipulation by pandering. I see it all the time from immigration attorneys


Don't care if people follow my advice or not to tell you the truth. It makes me feel good to at least TRY to help people and it makes me feel better if I can help them avoid an attorney.

[marmaduk]

This is probably one of the few time an EB-1 employment based case is being discuss here. Personally, I'm surprised that PVK's credential isn't strong enough in Sugarpuff's view.
Since you had the opportunity to converse with the officers, care to share what, in particular, really caught their eye (both positively and negatively)?

[Sugarpuff]

Editorial Reviews on books and patents. Also they like to see work written about the aliens and his work...not just citations of the work. I was impressed with their breadth of knowledge as well as their no-nonsense attitude. Then again this was Nebraska other service centers may be different.

[Sugarpuff]

Oh yeah, they also seem to have a problem with a university position being called "permanent" if the postion is renewed annually by contract as is the case at many colleges and universities. I don't know if this has been resolved but it really caused a big stink for a while.

In addition, you sometimes have to distnquish between "post-doc" experience and experience as a "post-doc". Sometimes working as a post-doc per say is not considered bona fide experience in the field. I think it has something to do with the fact that one is required to spend a certain amount of time as a post-doc.

[Sugarpuff]

PVK could be a sitting duck for a greedy attorney in that one could make him feel outstanding file, get rejected and then appeal with new evidence all the while charging the good doctor for their trouble

[dragonlady]

Dear PVK:

1. Universities, large and small companies, school boards, and many other entities have law firms on retainer for this and other purposes. Your University would have applied for your visa and so could continue with the application. The employer does the work if they are sponsoring you. Their legal counsel will let you know if more information about your credentials is needed.

2. Suggesting that you seek legal counsel is not 'pandering'. It is good advice for anyone who has questions about legal issues. This suggestion does not play on one's hopes and weaknesses but rather suggests that one access informed information in order to best determine one's best options. This true in many situations, including immigration.

3. Universities hire from all over the world all the time. They also have the expertise to determine credentials. Assuming you are tenured, they have determined that you are qualified to hold your current position.

4. Discuss this with your employer (the University) and they will best determine what to do. You do not have to worry about greedy attorneys because the sponsoring employer takes care of the application. It is not up to you to apply as an individual - your employer submits the application.

5. No one on this site (or any other) can determine your credentials by your post. It is much more complicated and intricate than can be handeled on this site. And you don't really know with whom you are dealing. Anyone can say they have had lunch with the queen.

6.

[Sugarpuff]

psycho