Greencard filing - Outstanding researcher - Retrogression..

[Sugarpuff]

PVK,

I have good news, bad news and worse news.

The good news

If you have been on an editorial review committee for books that helps a lot.

The bad news

Experience with the title of "post-doc" is not as strong as experience as say "research associate" or assistant professor.

If you do not have a tenure track position then it will be difficult to convince USCIS that the position is permanent.

The worse news:


If your university has a policy that they only sponsor for tenure track positions and you do not have a tenure track position this can be a big problem. Unless the university is willing to sign a G-28 and officially state that they are sponsoring you for the petition, you won't be able to file an employment-based petiton. Some people try to get around this by having someone else at the university sign the G-28.

This can be a BIG mistake. If the universitys official policy is that they will not sponsor your position but say the department chair signs the G-28 any way, you can lose your job AND have the I-140 revoked.


If they won't sponsor you then you have to self petition either through and "extraordinary ability petiton" or a "national interest waiver". Both of these have an even higher bar for measuring ones qualifications. Again beware of your attonrey.

I have seen some attorneys make an inidvidual feel as though the qualify for an extraordinary petition only to take the money, file and have it denied. Then say, "oh well, thats USCIS for you".

Based on the qualifications you have listed, you do not qualify for extraordinary ability petition. Maybe if you had a patent AND a tenure track position.

You may qualify for a "national interest waiver" but only if you can prove your work is in the best interest of the U.S. i.e. you are working on something that will help the military do yada yada yada

[PVK]

Hi

Thanks for the quick comments.

Would like to clarify that :

1. Research associate in our university is for people who don't have Ph.D. Those who already got Ph.D are considered postdocs and university cannot hire them as Research associate.

2. University HR in collaboration with dept. Head is fully ready to fill in all the forms / documentation for (sponsor for permanent positions-Research Scientist and as per the university and dept. policy). Only thing is they are not ready to pay the attorney fee. You are right that Dept. Head cannot sign without the university approval. We already confirmed this issue regarding univ sponsorship and is positive.

3.I agree with your view that tenure track positions will add weight but differ with view of Patents, as anyone can file patents for anything. Ofcourse, I don't have a patent right away, but the legal work for one of my patents has been just initiated.

Thanks for the suggestions. Please feel free to add on...

PVK

[Sugarpuff]

You are in a better position then you were on your last post.

If you have cleared it with HR then it is a go and you should "probably" qualify as an OP/R. I would mention that your patent is in process however as it is clear evidence of original scietific contribution.

Filing for PERM is probably not necessary and even if it were, I wonder if the university would go to the trouble for a non-tenured position. (PERM cases can be a real pain). I do think though that a PERM based petition is a much stronger route for you PROVIDED you can convince the Dept of Labor that the position is permanent.

Also, clairify the post-doc title at your university. The reason I am leery of "post-doc" as a position is because this is required of everyone and is renowned as being temporary employment. It is often viewed the same as a required internship (your treated like an intern aren't you? ha )

[Sugarpuff]

The reserchers I have met get so sidetracked with immigration, it often affects their research.

It is great you have the posistion as Research Scientist. This helps. The Post doc position will now have to qualify as the required 3 years experience necessary for the OP/R. Note you can use any experience you obtained in India after receiving the PhD.

The bad news with PERM is that you don't qualify for 'special handling' as this option is only open to university teaching positions. Too bad because the recruiting requirements are less stringent.

The good news with PERM is that new search can always be conducted. If the university won't pay for the process it is unlikely they will go to the expense of new search under PERM guidelines.

[Sugarpuff]

You should ask your Chair to personally ask HR or the international office (whoever handles PERM) to file a PERM petition on your behalf.

THIS is where a deparment chair can throw their weight around.

[Sugarpuff]

One more thing I forgot to cover with you; retrogression. Since you are from India you are from a country that is oversubscribed This means you will have to wait until your priority date is current before you can file the I-485.

It won't affect your ability to keep extending the H however, again as long as the PERM or OP?R is submitted before the end of your 5th year in H-1B status.

Applicants from India and China are facing retrogression regardless of whether they file EB-1, EB-2 or EB-3.