EB1(b) Petitions for Outstanding Professors and Researchers

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding EB1(b) petitions for outstanding professors and researchers.    

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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.

[ForSure]

If I process EB1B with my current employer where I work full time as staff and get I140 approved and maybe get EAD/AP then 1) can I join another institute or the same institute in a trainee fellowship position, using the EAD from my EB1B petition? 

What happens if join a trainee fellowship position at another institute on J1 visa after I140 approval with my current institute, will I have start all over again. I know EB1A might solve this issue but I am committed with EB1B.

Iam currently in H1B 5th year and fellowship is 2 year I plan to join next year in july

Thanks,

PK

 

 

 

 

Edited April 21, 2023 by ForSure
More details

[FlyingImmi]

23 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding EB1(b) petitions for outstanding professors and researchers.    

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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.

For a Physician, would a status of "Fellow" with organizations like American College of Physicians (FACP) and Royal College of Physicians (FRCP) meet the standards required by USCIS for the criteria of "Membership in associations in the academic field that require outstanding achievements of their members"?

Both of these processes require you to have "honorable" service/research/teaching experiences and recommendations from other Fellow status letter writers and approval by a committee to achieve that status.

[neurores]

Are EB1b application centers decided based on petitioner's state/address or beneficiary's state/address? What center does an EB1b application go to from a NY address vs NJ address? Also, is there a difference in RFE requests and/or Approval rates for EB1b applications filed with a NY address vs NJ address? 

[Attorney_22]

On 4/20/2023 at 10:21 PM, ForSure said:

If I process EB1B with my current employer where I work full time as staff and get I140 approved and maybe get EAD/AP then 1) can I join another institute or the same institute in a trainee fellowship position, using the EAD from my EB1B petition? 

What happens if join a trainee fellowship position at another institute on J1 visa after I140 approval with my current institute, will I have start all over again. I know EB1A might solve this issue but I am committed with EB1B.

Iam currently in H1B 5th year and fellowship is 2 year I plan to join next year in july

Thanks,

PK

 

 

 

 

As you are aware, the EB1B is a specific job offer with a specific employer. If that job offer remains valid and does not change, then seeking additional opportunities would not generally be an issue for immigration law. However, before making any decisions it is advisable to speak with a knowledgeable immigration attorney directly so you can discuss all the nuances of your situation. 

[Attorney_22]

On 4/21/2023 at 2:36 PM, FlyingImmi said:

For a Physician, would a status of "Fellow" with organizations like American College of Physicians (FACP) and Royal College of Physicians (FRCP) meet the standards required by USCIS for the criteria of "Membership in associations in the academic field that require outstanding achievements of their members"?

Both of these processes require you to have "honorable" service/research/teaching experiences and recommendations from other Fellow status letter writers and approval by a committee to achieve that status.

They may meet the requirements of USCIS, it will depend on how rigorous the review process is. The more vetted an applicant is before membership, the more value it will have when USCIS reviews the petition. Keep in mind, USCIS will review on the totality of the evidence, so generally, no one criterion will be sufficient- the more you have, the better. 

[Attorney_22]

On 4/21/2023 at 4:58 PM, neurores said:

Are EB1b application centers decided based on petitioner's state/address or beneficiary's state/address? What center does an EB1b application go to from a NY address vs NJ address? Also, is there a difference in RFE requests and/or Approval rates for EB1b applications filed with a NY address vs NJ address? 

Currently, all I-140s get filed pursuant to the instructions on the USCIS site: https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-140-immigrant-petition-for-alien-worker