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This week, the Murthy Law Firm attorneys will answer questions relating to EB1 Petitions, including qualifications.    

 

Rules for Topic of the Week Threads:

 

 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

 4. Please do not provide information which would identify any specific company, university or individual (including yourself).

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Does 3-4 level jump in the career while on H1 qualify as extra ordinary ability for EB1?

Also does a patent filed in my name would help?

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Hi, I have a M.S. in engineering (in USA) and have been working since 2004. I have more than 10 patents pending, but none are approved yet. I have a few journal papers published. I never reviewed others research work and i am not affiliated to any journal organizations. i was wondering if I will be eligible for EB1?

 

And also, can we pursue EB1 while my EB2 PERM is being applied/processed,

 

Thanks,

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Can someone with the following qualifications be eligible for an EB1 application:

1. Bachelor of Pharmacy
2. Post graduation in patent law (1 year course)
3. Post graduation in Perfumery and Cosmetics Management, Cosmetology and Perfumery Management (2 year course)
4. and a MBA in entrepreneurship (2 year course)
along with 4+ year experience in Regulatory Affairs in the cosmetics industry

Thank you very much :)

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Does 3-4 level jump in the career while on H1 qualify as extra ordinary ability for EB1?

Also does a patent filed in my name would help?

Generally a wage level jump and a patent will not by itself qualify an individual as extraordinary. However, such qualifications will be considered in the totality of the circumstances. 

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Hi, I have a M.S. in engineering (in USA) and have been working since 2004. I have more than 10 patents pending, but none are approved yet. I have a few journal papers published. I never reviewed others research work and i am not affiliated to any journal organizations. i was wondering if I will be eligible for EB1?

 

And also, can we pursue EB1 while my EB2 PERM is being applied/processed,

 

Thanks,

You may qualify for EB1 depending on the impact your work has had on the industry and how you have been recognized (nationally or internationally) in your field of expertise.  You can definitely pursue multiple green card cases simultaneously.

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Hi, I have a M.S. in engineering (in USA) and have been working since 2004. I have more than 10 patents pending, but none are approved yet. I have a few journal papers published. I never reviewed others research work and i am not affiliated to any journal organizations. i was wondering if I will be eligible for EB1?

 

And also, can we pursue EB1 while my EB2 PERM is being applied/processed,

 

Thanks,

It may be possible to make an argument, however it depends on the details of your work and recognition. You can also work to improve your eligibility while building the case. To discuss the details of your circumstance it is advisable to schedule a conference call with one of the Murthy Law Firm attorneys.

 

You can also pursue an EB1 while an EB2 PERM is in process. 

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Can someone with the following qualifications be eligible for an EB1 application:

1. Bachelor of Pharmacy

2. Post graduation in patent law (1 year course)

3. Post graduation in Perfumery and Cosmetics Management, Cosmetology and Perfumery Management (2 year course)

4. and a MBA in entrepreneurship (2 year course)

along with 4+ year experience in Regulatory Affairs in the cosmetics industry

Thank you very much :)

The above qualifications by themselves would not make a very strong EB1 case. However there may be other details you have failed to mention. Therefore it is advisable to schedule a consult with one of the Murthy Law Firm attorneys to discuss your prospects.  

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Hi, I have a I-140 approval through NIW, with a priority date of June, 2011.

Is there a new law, by which I can file I-485 concurrently, even whenthe visa date for Indian nationals (for EB-2) is not current. Is it true that NIW can be processed in EB-1 after the 5 years of underserved area are completed?

Thanks.

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The law does not permit conversion of a Physician NIW (EB-2 category) into an EB-1 petition under any circumstances. There are proposals shuffling through the halls of Congress which, if they became law, would provide some beneficial treatment of physicians who have agreed to practice in underserved areas for 5 years. But, these proposals are at the early stages.

 

President Obama's executive immigration actions in November 2014 appeared to signal a willingness to promulgate regulations or expand interpretation of current law, policy and regulations to permit the filing of an adjustment of status application prior to the availability of an immigrant visa. However, the executive immigration actions are currently subject to litigation and do not have much traction right now while the administration focuses on the court case.

 

But, stay tuned to MurthyDotCom and the MurthyBulletin for the latest developments.

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Mine is an EB1C case. I140 and 485 were filed concurrently.Post an I140 approval, I have also received my I485 approval in the 1st week of August 2015. If I change jobs and the company revokes the I140, am I at risk of losing my green card approval?

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Hi,

 

I am a Project manager, working for a Indian company. I am currently on H1 B and My GC is in process in EB3  Category (PERM Filed).

 

Due to my current client request, i am relocating to other country but i will be back to US in couple of years. I dont want to stop my current GC process.

 

When i return, my company will process my L1A and promised to do my GC in EB1 category. 

 

My Question, considering my above situation, Is it possible for my company to bring me back to USA on L1 A and do my GC on EB1? 

What will happen to my Current EB3 case? 

 

 

Sincerely,

AK2206. 

 

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to Ak2206

 

Currently you are eligible for EB3 and in a couple of years gonna file in EB1C? What you gonna do in 2 years to make yourself eligible to EB1? This is a clear case of EB1C abuse, already USCIS is looking at EB1C abuse. By the time you're back in the states EB1C will be dead, you better continue your GC process in EB3.

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Hi , 8 months ago I worked outside US as a Global Manager with more than 10 global team members reporting to me , I worked with A for last 3.5 years. Subsequently I got offer from Company B and with mutual understanding I left Company A and came to US on H1b and working with Company B since 8 months now.

Now , Company A wish to hire me back in US , I would like to know :

1) Does I qualify for Eb1 category ?

2) Would there be need to have continuous employment with Company A while coming to US for EB1 ?

 

Kindly assist,

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Hi , 8 months ago I worked outside US as a Global Manager with more than 10 global team members reporting to me , I worked with A for last 3.5 years. Subsequently I got offer from Company B and with mutual understanding I left Company A and came to US on H1b and working with Company B since 8 months now.

Now , Company A wish to hire me back in US , I would like to know :

1) Does I qualify for Eb1 category ?

2) Would there be need to have continuous employment with Company A while coming to US for EB1 ?

 

Kindly assist,

Based on the basic information you have provided, you may be eligible for an EB1C petition. To discuss your circumstances in detail and the likelihood of success, please schedule a consult with one of our attorneys. 

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Would my case qualify for EB1A ?

 

- Ph.D. with a landmark paper that got 250+ citations in 5 years

- Two papers in top journals

- Best doctoral student award

- A nature review article discussed my work

- Reviewed 6 papers

- Reviewed grant proposal for DOE

- Postdoc in National lab 

- Currently work on a niche project with several universities 

- Have done volunteering for STEM outreach activities

 

What are the chances? What areas need more coverage/work?

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Hi,

 

I joined **** as Technical Lead (Tower Lead) in July 2011 in India, where I was managing the team of 6 people, approving their leaves, updating roster, appraisal and promotion and at the same time working on technical stuff which my team was not able to handle. In 2012, I applied for L1-B due to complex project on-site which my team cannot handle and moved to US in Feb 2013 on L1-B. I got promoted as Project Manager in Oct 2015 and applied L1-B to L1-A conversion which got approved in April 2016. 

 

My company has asked me to file GC in EB1 category. I am not sure if my L1B petition will impact my EB1 GC. In my petition for L1B I didn't showed that I have reportees under me as I was moving to US for technical work not managerial work. In Oct 2015 it changed and now I have 37 direct/indirect reportees.

 

I have old emails for approving leaves, promotion, appraisal and new emails too after promoting as Project Manager. Do I have any thing to worry or USCIS will understand that I applied L1B as my roles in 2013 was technical not managerial however I used to manage team in India over a year and now here in USA from Oct 2015.

 

And can I add my managerial skill for past in my CV which I have forwarded to USCIS in 2012 and 2015?

 

Thanks -

M

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Hi,

I worked for company A as manager capability in India between from Mar 2013 to Dec 2014. I entered USA in Jan 2015 with a new H1B visa with same employer. My employer is expected to File my GC petition in July 2017 with would be 2 years and 7 months since my entry to USA. I am not clear whether  I am eligible for EB1-C as this requirement is not clear to me 'You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation ' . Because 3 years prior to my anticipated petition date is July 2014 to July 2017 during which I was in India only for 5 months though I was working as manager before that as well. Can you please advice based on the dates I provided ?

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