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  • Sugarpuff
    replied
    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.

    Leave a comment:


  • Sugarpuff
    replied
    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.

    Leave a comment:


  • Sugarpuff
    replied
    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.

    Leave a comment:


  • Sugarpuff
    replied
    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 )

    Leave a comment:


  • PVK
    replied
    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

    Leave a comment:


  • Sugarpuff
    replied
    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

    Leave a comment:


  • Sugarpuff
    replied
    psycho

    Leave a comment:


  • dragonlady
    replied
    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.

    Leave a comment:


  • Sugarpuff
    replied
    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

    Leave a comment:


  • Sugarpuff
    replied
    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.

    Leave a comment:


  • Sugarpuff
    replied
    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.

    Leave a comment:


  • marmaduk
    replied
    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)?

    Leave a comment:


  • Sugarpuff
    replied
    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.

    Leave a comment:


  • dragonlady
    replied
    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.

    Leave a comment:


  • Sugarpuff
    replied
    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.

    Leave a comment:

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