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  • Eb1b timeline

    Hello all,
    The threads in this forum have been very helpful during my application process. Hence, I wanted to put in a timeline regarding my EB1 petition for the benefit of other newbies like me. I will update this thread as my application moves along.

    Background info.
    - PhD from a top 10 Public university in the mid-west
    - Employed as a materials research scientist with a Fortune 500 company in upstate NY, for >3 yrs., immediately following graduation
    - Have 5 granted patents, 7 pending patents
    - Not a whole lot of publications and citations (~50 or so), due to company IP policy
    - Did work on several NSF, DOE funded projects in graduate school; Attended conferences, etc., all the usual grad. student stuff
    - ~10 testimonial letters, but did not use all of them (retained 3 just for an eventuality like RFE). One from thesis advisor, and a couple from collaborators, one from an unknown contact, rest from people I have met at conferences, etc.
    - Company lawyers handled all the details. I only wrote the testimonial letter drafts and collated all the citations, etc.

    Timeline:
    (1) I140
    - Receipt date 10/11/2016; Premium processing @ Nebraska service center
    - Approved 10/19/2016

    (2) I485
    - Receipt date 10/10/2016
    - Biometrics appointment: 10/26/2016

    A few comments/suggestions:
    (i) Did not know anything about the process, testimonial letters, etc. Lawyers handled all of it. But looking back, and reading the various case information on the USCIS website, would not have emphasized my familiarity with the testimonial letters as much.
    (ii) It may be better to strengthen the proof for just 2 or 3 criteria (since it is EB1b they need only two criteria) rather than try to show that I meet more criteria. For e.g., the lawyers did not use my citations under the criteria that my work was written about in professional journals. Instead they used them to bolster my case for international repute. I did not know why at that time, but now after reading the various cases that came before the appeals board, and archived on the USCIS website, I see that indeed was the right choice. Once we meet 2 or 3 criteria, USCIS does not give any extra credit for how many more we meet, rather they would like to judge the merit of the criteria already met.

    All the best!
    Last edited by scientist2016; 10-19-2016, 03:09 PM.
    Just an opinion; Not legal advice.

  • #2
    Hi Can you please suggest me whether I can go for Premium processing?
    My employer's lawyer is suggesting against Premium Processing but I want to do that.

    Category: EB1-B
    Lawyer:Employer's Lawyer

    Profile:

    - PhD from a US university(in top 50) in Computer Science
    - Completed 3 years 10 months in a research position after PhD
    - Research Scientist at National Lab
    - Publications:
    - 1 book chapter
    - 5 peer reviewed international journal papers (3 as first author )
    - 19 peer reviewed Conference papers (11 as first author)
    - 10 peer reviewed Conference Workshop papers (6 as first author)
    - 1 peer reviewed Conference demo paper
    - 1 peer reviewed Conference poster presentation
    - 3 preprints , 5 scholarly articles, [should I even include these? They have citations]
    - 1 patents filed , 3 inventions granted
    - Citations : 175 total (139 independent)
    - Reviews:
    - Reviewed 30 Journal papers, 8 Conference papers and 2 workshop papers
    - Served as Technical Program Committee Member for 3 conferences and 2 workshops
    - Served as Session Chair for 3 conferences and 1 workshop
    - Served as Workshop Organizer and Workshop Chair for 1 workshop
    - Awards: 3 best paper awards by IEEE and ACM
    - Membership in IEEE, ACM, AAAS and Sigma Xi
    - 7 recommendation letters [4 from US (1 independent) , 3 from international (2 independent)]

    Thank you for your help.

    Comment


    • #3
      I see no reason not to go with premium processing

      Ankurga,

      I see no reason as to why you should not be going with the premium processing. Did the lawyers provide any explanation as to why they are not recommending premium processing? The advantage with premium processing as you know is you will get a decision on your I140 in 15 days. So one less thing to worry about.

      ---
      Just my opinion; Not legal advice.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Thank you for the reply. The lawyer is saying that he thinks my citations numbers are low and will get RFE in premium processing.
        Although I dont understand the logic as to why RFE in premium processing but not in regular, so trying to research before I make a decision.



        Originally posted by scientist2016 View Post
        Ankurga,

        I see no reason as to why you should not be going with the premium processing. Did the lawyers provide any explanation as to why they are not recommending premium processing? The advantage with premium processing as you know is you will get a decision on your I140 in 15 days. So one less thing to worry about.

        ---
        Just my opinion; Not legal advice.

        Comment


        • #5
          Yes I too do not understand the logic. If processed in the normal channel, it will take longer for your I140 to be adjudicated, and in the mean time your citation count might go up. However, that does not matter, since the record (citation count) at the time of application is what matters. Anything that happens after the petition filing does not matter to USCIS.
          Just an opinion; Not legal advice.

          Comment


          • #6
            Originally posted by ankurga View Post
            Thank you for the reply. The lawyer is saying that he thinks my citations numbers are low and will get RFE in premium processing.
            Although I dont understand the logic as to why RFE in premium processing but not in regular, so trying to research before I make a decision.
            I am also in the same situation as yours, asking for premium processing but lawyer is advising against it. Wondering how did you proceed finally? Premium or regular processing? Thanks.

            Comment

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