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 Any EB2 NIW successful cases while on OPT?

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Posted on 03-25-10 11:22 PM     Reply [Subscribe]
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Hi all,

I am a PhD graduate from a good university and my field is related to natural resources. I am currently on OPT and working as a postdoc, but the current appointment is short-term. I can't change to H1B from my current work. I applied to several places but doesn't seem like I will get any response (at least none so far). I have few journal publications (some are cited several times), several conference proceedings and extension publications. I have also secured several small grants. So, I am seriously considering for EB2 NIW.

I talked to an immigration lawyer and seems like I can make a case. I know few individuals who successfully made their case, but they had H1B. I am looking for individuals who can share their EB2 NIW experience while on OPT. I did some research but could not find information on NIW cases while on OPT. I know the risks of applying while on OPT. I am NOT looking for suggestions but I would be grateful if you could share your EB2 NIW experience WHILE ON OPT if there is anyone.

Thanks in advance.

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Posted on 04-13-10 10:06 PM     Reply [Subscribe]
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Thank You birkhe and buzz,

It was really appreciable that u guys actually show us ur credentials. I have a small doubt though... what happen when you get denied? Can you still stay in united state? Since I just finish my master and working in H1B and if denied I will want to go back to school for my PhD. Do you guys think, I can still go back to school if I get denied for Green card.

Posted on 04-14-10 11:11 AM     Reply [Subscribe]
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The main reasons of denial was

(1) Low citations records

(2) I did not discover anything different that could change the thinking of scientific community

(3) I was not the lead figure of the NIH funded projects even though I had important roles

First time I included 8 reference letters from top scientists (4 from inner cricle and 4 from out circle)

RFE submission (7 letters from out circle)


Posted on 04-14-10 12:45 PM     Reply [Subscribe]
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NIW denial does not affect your status if you do not file your I-1485 together with I-140.

Posted on 04-14-10 10:13 PM     Reply [Subscribe]
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Very informative.
Posted on 04-14-10 10:54 PM     Reply [Subscribe]
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Thanks guys for sharing the information.
Finding a good lawyer is important for a successful approval of the case.
Can you share the lawyer information?
I am thinking of applying under NIW category as well.

Thanks and good luck to everyone who is trying.

Posted on 06-23-10 6:42 PM     [Snapshot: 1921]     Reply [Subscribe]
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Have you tried EB2 NIW?

How likely is it to succeed without hiring a lawyer? There are many Do it yourself
packages selling from $45 to $90 range. Are they really good enough? Do you have an experience using it or referring it when you prepared your application package?

All of the DIY packages seems to be just a
pdf document, collection of some 40-50 pages being delivered to you  through email after you pay them.

If you do
not mind sharing your EB2 NIW application package or guideline
collection or DIY packages, please email me at
sajhaa at yahoo dot com.

Your help will be greatly appreciated.


Posted on 07-01-10 8:14 AM     [Snapshot: 2104]     Reply [Subscribe]
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Hey Guys, 
Just wanted to bring this thread up. I just received status update email that my NIW I140 has been approved. I was in F1 OPT while I sent my petition and changed to H1B while USCIS received my package. So my understanding is that the outcome of your NIW 140 petition does not depend on your visa status ( F1 or H1). Good luck to everyone who is working on their I140 petition.
Last edited: 01-Jul-10 08:35 AM

Posted on 07-01-10 8:34 AM     [Snapshot: 2115]     Reply [Subscribe]
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Hi rajulama,

Did you file petition yourself or through lawyer and what is your field of study?


Posted on 07-01-10 8:37 AM     [Snapshot: 2118]     Reply [Subscribe]
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I went through a lawyer. My field of study is natural science.

Posted on 07-01-10 9:12 AM     [Snapshot: 2137]     Reply [Subscribe]
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Congratulations Rajulamaji. Its a great news. Thanks for sharing the news. I have sent you a message in your email.

Posted on 10-20-10 8:37 AM     [Snapshot: 2919]     Reply [Subscribe]
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Hello Everyone,
Just received status update emails from USCIS. It seems my I-485 got approved. Good luck to everyone.

Posted on 10-21-10 9:35 AM     [Snapshot: 3067]     Reply [Subscribe]
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Just curious about # of citations: does it make a difference when you cite your own earlier papers. Most of my citations will be like that.
Posted on 10-29-10 7:52 AM     [Snapshot: 3333]     Reply [Subscribe]
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Thank you for your message. Hope things will be sort out easily in your case.
No harm to include self-citation I guess!!!!

Posted on 12-09-10 12:32 PM     [Snapshot: 3876]     Reply [Subscribe]
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Hi Guys, 
I am also looking to apply for EB2 NIW on OPT. For those who have been successful. 
Can you please post the name & number of the lawyers you have used, and also the costs.

Posted on 02-26-11 7:32 PM     [Snapshot: 5290]     Reply [Subscribe]
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Finally, I received a notice today from USCIS saying that my EB2-NIW application has been approved on February 18, 2011. It took ~5 months to process my application.

I want to thank you all who shared important information thorugh this thread. Whatever you shared was a great encourangement to me. Here is the timeline of my application if it is helpful to anyone:

Application: EB2-NIW
Service center : Texas
Filing: Concurrent (I-140 & I-485)
Application received: August 31, 2010
Receipt notice date: September 24, 2010
Biometric date: October 26, 2010
EAD & travel document received: second/thrid week of December
Approval date: February 18, 2011

Keep in mind that I was in OPT when my applicaiton was submitted working at a state university as a postdoc but I got a job and moved to a private company from October 2010. They sponsored H1B and it was approved in the thrid week of December 2010.

Posted on 04-16-11 12:28 PM     [Snapshot: 6149]     Reply [Subscribe]
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Any new success stories? just pumping up the thread.

Posted on 05-31-11 3:25 PM     [Snapshot: 6662]     Reply [Subscribe]
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 HI Guys, 
I am also looking to apply for EB2 NIW on OPT. I have contacted a lawyer but he wants to charge me $8500 (lawyer's fee). I just want to know if that fee is the standard or too much.  If the price is High, can you please email me the name of your lawyer and phone number you have used. 
Your help is greatly appreciated.

Posted on 05-31-11 4:40 PM     [Snapshot: 6708]     Reply [Subscribe]
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Hey Ketama,

Is your lawyer from New York?


Posted on 05-31-11 4:47 PM     [Snapshot: 6709]     Reply [Subscribe]
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Yes, he is from New York. 
Posted on 06-01-11 9:58 AM     [Snapshot: 6892]     Reply [Subscribe]
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Congratualtion Bengalitiger ! and best of luck to others who have applied or working for it.

I am also currently working to file EB2 NIW with the help of an attorney and now waiting for recommendation letters.
Here is what I have,

1. 17 peer reviewed journal publications (10 first author  including 1 invited paper and 1 review article & 7 second author), 2 under review (first author) and 2 will be submitted within 1 month
2. 12 non-refereed conference proceedings (8 first author, 4 second author)
3. Around 20 independent citations (since most of my publications are from either 2010 or 2011 so they are relatively new)
4. Around 50 conference presentaions (talks and posters)
5. Currently working on H1B Visa in a prestigeous medical school in a NIH funded project (cancer research)
6. Four invited lectures
7. Reviewed papers for 2 journals
8. Member of 2 scientific societies (easy one)
9. Have couple of awards from scientific societies for best presentaions/posters 

I talked with couple of attoneys and all of them are positive about my application. I am getting recommendation from 3 independent experts in my field and 2 from my circle. My lawyer says having too many recommendations will not make the application strong, 4-5 strong recommendation should be enough.

The only thing I am little bit concerned is about the number of independent citations that I have so far. Can somebody suggest me the experience if they have regarding the effect of low number of citaions in EB2 NIW application? And what is the application processing time these days for Texas service center? 

To be in safe side, I am not going for concurrent filing.

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