EB1B to EB1A

Background:

CS PhD, 7 papers, 1 patent, 650 citations, 10 + peer reviews, some minor press coverage.

Has anyone filed an EB1A petition after a successful EB1B petition ? I recently filed I-140 for EB1B through my employer with PP (NSC), which was approved. My priority date is in March 2023. Due to the backlog, there won't be any meaningful progress for at least a year or so, while the technology sector has a lot of uncertainty due to layoffs. So any loss or change of employement would reset this and would require a new I-140. Meanwhile, I already have the letters from EB1B, and I would like to reuse them before they get too old. Thoughts ?

ni ke yi xian shi yi shi, huo xu neng tong guo

可以，两者稍有不同，EB1A强调个人能力，不看公司职位是否是研究类，且要仔细对照USCIS上的条件（EB1A是满足10条中的3条，EB1B是满足6条中的2条）
https://www.uscis.gov/working-in ... rst-preference-eb-1

ply251 发表于 2023-3-24 13:34
可以，两者稍有不同，EB1A强调个人能力，不看公司职位是否是研究类，且要仔细对照USCIS上的条件（EB1A是满 ...

Thanks. Yes, the criteria are slightly different. I'll also check with the lawyer on their assessment.

完全可以，但是pl细节会有一些不同。

My friend got EB1A approved with PP at NSC after RFE last year. Her background : 400+ citation, >10 papers (not on high-impact journals), +reviews.

You have a solid case for EB1A. It’s recommended to claim the “good old 3”: authorship, contribution, referee. Claiming media coverage when you are not covered by mainstream media is likely to cause an RFE.

ChenLiu1996 发表于 2023-3-24 14:00
You have a solid case for EB1A. It’s recommended to claim the “good old 3”: authorship, contribut ...

Thanks. I can also potentially claim salary, but the issue is that I work at a startup and a lot of it is funny money (options). With the base alone, it is still respectable, but nothing extraordinary. Do people show options as a part of the salary ?

基尔戈 发表于 2023-03-24 14:10:04
Thanks. I can also potentially claim salary, but the issue is that I work at a startup and a lot of

I am not an attorney or who works with a lot of these cases. From my limited knowledge, no they only claim base pay.

Moreover, compared to the easy claim of top 1% or even top 0.1% highly cited papers, given that you have 600 citations on 7 papers, it’s not likely you can claim a similarly high percentile on your salary.

ChenLiu1996 发表于 2023-3-24 14:47
I am not an attorney or who works with a lot of these cases. From my limited knowledge, no they onl ...

Thanks. Makes sense.