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Suitability for EB1 category

Published Oct 5,2019 By Sid

Dear Green card for Phd Team,

 

First of all, I would like to thank you for the efforts you are making to guide us for a green card process. I request to assess my profile for the suitability of filing under the EB1A category. I have 2 questions for my petition, which are mentioned after my credentials.

 

Ph.D. (Prestigious Research Institute, India)

Subject: Biology

Year: 2018

CGPA: 9.5 (out of 10)

 

Current position: JSPS Postdoctoral Research Fellowship, Japan

Award: 2018-2020

 

Next Position: Postdoc at National Laboratory, USA

Start: Mid 2020

Visa: J1 / H1b (not sure as of now)

 

Journal Articles: 23 (published in more than 10 different journals)

 

First Author Articles: 6 / 23

 

Book Chapters: 2 (1 First Author)

 

Patent: 1 (International filing)

 

Total Impact Factor: >100  (Average Impact Factor: ~5)

 

Total Citations: >850 (~200 of first author articles)

 

Journal Reviewer: 6 International Journals (Reviewed 8 manuscripts)

 

Paper in Conference Proceedings: 1

 

Posters Presented in Symposium: 3

 

Workshops Attended: 4

 

Invited Lecture: 1

 

Membership of Association: 1

 

Project Assistantship and Senior Research Fellowships during Ph.D.

 

Press release of a few articles

 

My questions are:

(1)  I back myself for EB1. But I am not sure of the subgroup. I believe my credentials are sufficient for EB1A. If not, will I have to wait for 1 more year of research experience before filing as EB1B requires at least 3 years of experience? Can Ph.D. tenure be included in the experience? If yes, then I will have 8-9 years of experience at the time of filing (~ Mid 2020).

 

(2)  I am from India. If I file my petition within 6 months of moving to the USA, will it be worth to choose the premium processing for I-140? Even after approval, I will still have to wait for a few months anyway before filing I-485. The current bulletin shows the priority date of 01 Jan 2015 for EB1 applicants from India.

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BlogSupport
BlogSupport
4 years ago

Dear Sid,

Your credentials are strong and should be enough for EB1A. Regarding your questions:

(1) The category of EB1 (EB1A vs EB1B) can be decided on the basis of sponsorship. If you do not have a permanent contract in the U.S., then EB1A is the only option, as it is a self-sponsored green card. If you have a permanent contract and your employer agrees to sponsor you, then they will hire a lawyer that will deal with the case.

(2) It is a personal preference regarding the premium processing. Please keep in mind that you may need to wait not for several months but for several years before you become eligible to file I-485 (as you mentioned, the priority date is Jan 1, 2015, so there is an almost 5 years backlog).

Sid
Sid
4 years ago

Dear BlogSupport,

Thank you very much for your response. Few more clarifications, please.

(1) If my employer agrees to sponsor under EB1B, the priority date applicable will still be “1st” under Employment-based cases. So the main difference for submitting the application is only the sponsorship. Of course, there might be differences in their processing, as both are different categories. Please correct me, If I am wrong.

(2) I have confusion about the date for filing vs. the final action date. To be eligible to file I-485, I believe “date for filing” should be followed. Final action date is applicable to issue the visa, after the interview. Is it true?

(3) Assuming #2 is correct: For India, the date for filing was current until August 2018 and since then (more than a year), it is retrograded to Oct/March 2017. I think this depends on the available quota. It should be back to “current” very soon. If not, atleast once a year (when the new quota is available), it must be “current” for a short time.

Highly appreciate your help.

Best,

BlogSupport
BlogSupport
4 years ago
Reply to  Sid

Dear Sid,

(1) Yes, the priority dates will be the same (as well as various steps during the processing). There are, however, many other differences between these two categories (such as the criteria one will have to satisfy), as you may already know.

(2) In order to choose between the two tables, one has to visit the USCIS website, https://www.uscis.gov/visabulletininfo
Let me quote the updated info for October:
“For Employment-Based Preference Filings: You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2019”.

(3) Quotas for Indian nationals are, unfortunately, unpredictable, I would not try to guess them…

Sid
Sid
4 years ago

Ok. Thank you very much for the information.

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