should reapply for EB1 ?

[ragrawal]

Hi all,

 

My previous employer applied for green card under EB1-OR category but that was rejected. My new employer has applied for green card under EB2 category and currently waiting for PERM approval. I am wondering should I try to re-apply for green card under EB1 category ? In particular I have following questions

 

1. Can I apply for EB1 category independently ?

2. Is it okie if I have one application going under EB2 category (from my employer) and another on EB1

3. What are the chances of getting my EB1 application accepted given that it was rejected earlier. Since then I haven't been very active in academia but did manage to get one patent (approved) and joined a well known company as a data scientist.

 

Please advise.

 

Regards

 

[jairichi]

Hi all,

 

My previous employer applied for green card under EB1-OR category but that was rejected. My new employer has applied for green card under EB2 category and currently waiting for PERM approval. I am wondering should I try to re-apply for green card under EB1 category ? In particular I have following questions

 

1. Can I apply for EB1 category independently ?

2. Is it okie if I have one application going under EB2 category (from my employer) and another on EB1

3. What are the chances of getting my EB1 application accepted given that it was rejected earlier. Since then I haven't been very active in academia but did manage to get one patent (approved) and joined a well known company as a data scientist.

 

Please advise.

 

Regards

1. Only as EB-1 Extraordinary Ability you can apply by yourself.

2. Yes.

3. Check with an attorney and not a forum.

[ragrawal]

Just realized that now I have two patents since I first applied for green card under EB1 category. Does that makes my case any stronger ?

[t75]

You need to consult an attorney experienced in OR applications.  One patent does not make a person qualified for EB1. However, only a complete review of your credentials will let you know your chances of a new petition.