Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.


8 Responses to EB1A

  • Ajay Kumar says:

    Does filing premium processing at Nebraska Processing Center for EB1A, increase the chances of RFE/NOID as compared to regular processing?

  • Emmanuel says:

    What happens if one files the EB1A petition when the priority dates are not “Current”? Does the USCIS send back the application, or keep it until the dates ate current?

    • Tigran Kalaydzhyan says:

      The petition itself, i.e. form I-140, can be filed at any time and will be considered regardless the priority date. The priority date affect the eligibility for the I-485 filing.

  • Snigdha says:

    Hi, I am currently working as postdoc on J1 from India. My DS2019 expires in April 2019. I had the 2-year home country waiver and I-140 (EB1-A) approved. In order to file I485 and EAD for employment authorization, the filing dates are not current. So, what options do I have to continue to stay in the US? How long can I stay in the US after the expiry of DS 2019? Can I file for EAD with I-140 approved (I140-EAD rule under compelling circumstances) and without applying for I485 as it is under retrogression. If I go back to home country, can I return after going through consular processing for green card? Thanks!

    • Tigran Kalaydzhyan says:

      Hi Snigdha,

      Congratulations with approved EB1A petition! You have an option of applying for a dual intent visa (such as H1B or O-1), if you want to stay in the country, even though I doubt you can get them on such short notice. The grace period for DS-2019 is 30 days after expiration, during which you have to leave the U.S. Speaking of compelling circumstances, you have to talk to a lawyer, we are not aware of such cases. You can also apply for the green card in the U.S. consulate in your home country (check the “consulate processing” option).

  • Sam says:

    Hi, I got RFE EB1A from NSC petition, my attorney claimed: 5 criteria. Two criteria accepted: (1) Judge, and (2) Scholarly article. But USCIS rejected (3) PRIZE: for that, I claimed my co-I DoD grants, best poster award, travel grants; (4) ORIGINAL SIGNIFICANCE of WORK: I showed citations (total 955, independent >700), 6 letters (4-independent professor including one CEO and one who cited my work in his review article and 2-dependent); (5) Critical role: Highlighted that I am senior research scientist through promotion.
    My main focus is to cover: original contributions and USCIS asked to provide evidence as below:•Original contributions covered in national or international media ( I have shown news coverage of my work with photo in Eureka alert, University News, Business Wire, etc. )• Publications have garnered a significant number of citations. (That I already covered with citation demography) • Work implemented by others, evidence such as: contracts with companies using your products, licensed technology being used by others, patents (I submitted letter who cited my research article in his review article, but don’t meet license of my provisional patents that I provided in the petition). 

    For critical role for organizations, USCIS asked to provide a support letter from executive officers to specifically addresses how my role was leading or critical. I work in a university as a senior research scientist. How can I cover distribute my accomplishment make sure 3rd criteria is accepted? 

    Please help me on it or suggestion if you have addressed these RFEs before and worked for you. Appreciate your kind help.
    Thank you very much

    • BlogSupport says:

      Hi Sam,

      First of all, it is a responsibility of your attorney to address the RFE. Please work with him/her on that.
      Second, the RFE usually contains information on why certain criteria were not satisfied – one has to take into account these points before commenting on the case. It is usually easier to prove the original contributions of the major significance that the critical role in an organization (that requires that your role is critical for the institution as a whole) or the prizes. The large number of citations indicates that it should be possible for you to collect information supporting major significance of your work. Please also keep in mind that the USCIS officers (especially since recently) may issue completely unreasonable RFE, so you should be prepared for the case to be denied. In this case, your attorney should resubmit the petition to try it again.

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