EB1 with one patent

VMware cMYW24
Jul 14 41 Comments

How strong will
My green card application will be if I apply in EB 1 with. I have a masters in CS and only 1 patent and few citations.

Is it worth trying eb 1 or stick with eb2.

Country of birth : India

No not on L1. I have an MS in Cs from one of the top universities in USA. My company already filed eb2 few years ago. But looking at the eb2 queue I was wondering if eb1 is what I should try for.

This long queue pisses me off as well and this situation has be created by the consulting companies (big or small). 70k managers from these consulting companies get green card but a good student from one of the top universities in USA working in a good company and earning 350k tc cannot get it.

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TOP 41 Comments
  • Facebook 44ffb4fb
    Honestly not strong at all. But if your company doesn't mind applying for both categories then it doesn't harm.
    Jul 14 10
    • Facebook BeingCoder
      Yes the eb1c abusers. L1A is where it all starts. They have a special place in hell.
      Jul 14
    • VMware cMYW24
      OP
      No not on L1. I have an MS in Cs from one of the top universities in USA. My company already filed eb2 few years ago. But looking at the queue I was wondering if eb1 is doable.

      This long queue pisses me off as well and this situation has be created by the consulting companies (big or small). 70k managers from these consulting companies get green card but a good student from one of the top universities in USA working in a good company and earning 350k tc cannot get it.
      Jul 14
    • Gilead Sciences / R&D cartman++
      I feel ya guys. I am Indian myself, PhD from top 10 US institution and was stuck in EB2 for 7 years till my company finally sponsored me for EB1B and I got through.

      You can always file for EB1B even after you already have an EB2. But with 1 patent, your company may not be willing to support you. All I can suggest, is talk to a few private lawyers and get feedback from them regarding what you can do to bolster your CV and then work for a couple of years to acquire those credentials. There are many good lawyers out there that offer free consultation. Talk to Victoria Chen, and Mangmang Cai. They are both great and understand STEM very well.

      Regarding those EB1Cs, hey they may get GCs now but their TC dicks will always be smaller than yours.

      Hope this helps.
      Jul 14
    • Facebook BeingCoder
      I'll be always happy if undocumented immigrants get GC in place of eb1c abusers.
      Jul 14
    • Apple RatingComp
      Secure pd in EB2 then attempt upgrading to EB1. In the meanwhile file more patents at work. Good luck.
      Jul 15
  • Facebook / Eng Leo Messi
    Patent is nothing
    Jul 14 5
    • Micron ChaChingb
      Haha
      Jul 14
    • VMware mejzyeben
      Hard to find modesty and humbleness in this world isn’t it. The post is pretty harmless. Why are you triggered @leo Messi
      Jul 14
    • Micron ChaChingb
      I know right? I was laughing at how causal the statement was. How many parents do you have?

      Cause I have none.
      Jul 14
    • Facebook / Eng Leo Messi
      I have two granted, few pending. I got them from internship
      Jul 15
    • Facebook / Eng Leo Messi
      Not in the internet industry , which is even more BS in terms of patent
      Jul 15
  • Micron ChaChingb
    IMO, EB1B is an achievable target. All the haters would say, no but hey, EB1 is self sponsored so, you could start the process by yourself since there's no perm headache.

    Ask your company to start EB2. If EB1 gets rejected then you'll have EB2 to bank on.

    This way your company isn't sponsoring you for EB1 and you'll have 2 things in the pipe at the same time.
    Jul 14 4
    • Facebook BeingCoder
      Get your facts right. EB1b requires employer to file on your behalf. EB1a is self filing but OP does not qualify for that based on just one patent. Unless OP is a world famous youtuber.
      Jul 14
    • Micron ChaChingb
      : Does EB-1B need employer sponsorship?

      A: A labor certification is not required in EB-1B petition. But the EB-1B immigration application requires that alien has a permanent employment offer from an employer in United States. The permanent job offer may includes tenure or tenure track positions, or other permanent job position. For positions other than a tenure or tenure track position, the job offer letter should be carefully drafted to meet the "permanent job" requirement of EB-1B application.

      Can private companies sponsor EB-1B application?

      A: EB-1B is an immigration category for researchers and professors only. To be eligible for this classification, the alien applicant's job duties must be primarily research.

      A private company can file EB-1B application for an alien worker. But there are other requirements that a private company has to meet for filing an EB-1B application. If the U.S. employer is a private company, not a university or educational institution, the private employer must employ at least 3 full time researchers in their research activities, and have achieved documented accomplishments in an academic field.

      What are the initial requirements for an EB1 Outstanding Researcher or Professor application?

      A: An EB-1B application must meet the following requirements:

      1) the alien beneficiary has at least three years experience in teaching or research in an academic area;

      2) the alien beneficiary has a tenured or tenure track teaching position or comparable research position, at a university or other institution of higher education or a private employer;

      3) evidence that the alien beneficiary is recognized internationally as outstanding in the academic field.

      4) the employer must show the ability to pay the proffered wage to the alien beneficiary.

      Where does it say EB1B is employer sponsored? You need a proof of employment - which the OP has.
      Jul 14
    • Facebook BeingCoder
      On the USCIS website https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

      It says --> Outstanding Professors and Researchers: Your employer must file a Form I-140, Petition for Alien Worker.
      Jul 14
    • Micron ChaChingb
      Worth a try for the op. I've seen my team mate secure EB1B with a lot less tho.
      Jul 14
  • Intel Spikiera
    PhD would be more realistic with EB1
    Jul 14 4
    • Lam Research gurubhai
      Nope I’m MS. Got approved in EB1
      Jul 14
    • Lam Research gurubhai
      Eb1b
      Jul 14
    • Lam Research gurubhai
      Qualifications is not manadated for any EB1 criteria. You just have to meet 2/3 out of list of points mentioned
      Jul 14
    • Intel Spikiera
      I didn't say it's impossible with a MS, I said it's more realistic with a PhD given OP's qualifications
      Jul 14
  • Google / Mgmt
    Ex Amazon

    Google Mgmt

    PRE
    Amazon
    Ex Amazonmore
    Negative chance.
    Jul 14 0
  • Facebook / Eng kobay
    Were parents granted or still pending?
    Jul 14 2
    • VMware mejzyeben
      Granted few years ago.
      Jul 14
    • Facebook / Eng kobay
      That's good. Speak with a lawyer.
      Jul 15
  • Bloomberg AgileDude
    EB2 NIW is a no brainer. Do you even know that EB1 is backlogged?
    Jul 14 2
    • VMware cMYW24
      OP
      What is EB2 NIW ? Do I qualify for that ? Eb1 is backlogged but it’s better than eb2. Btw my eb2 priority date is 2014. Can I use that priority date for eb1(if I qualify).
      Jul 14
    • Yahoo / Mgmt ultimate
      Yes. You can. And you should. That's the main advantage of getting late into the queue but with a different priority date. It gets automatically transferred. Give eb1 a try. It's just luck anyway.
      Jul 15
  • Bloomberg AgileDude
    VMWare is a notorious mass patent factory. I interviewed a few folks there with 10+ patents and none of them can reverse a string.
    Jul 15 1
    • VMware mejzyeben
      Ok. How many do you have ? Fyi, My patent is not from Vmware. And not all patents that is filed gets granted. You are actually raising a question on the US patent office which according to you is probably biased towards VMware. Doesn’t sound right.
      Jul 15
  • Wayfair cdpU22
    Don’t you typically need a PhD to apply for EB-1A or EB-1B?
    Jul 14 1
    • VMware mejzyeben
      I don’t think a PhD is a requirement. They probably chose the top applications and since these days there are lots of PhDs , not having one may not be in your favor. Unless you have demonstrated you outstanding capabilities in other areas.
      Jul 14
  • Tesla / Eng elontuskk
    You can try. But there’s a huge line of talented people with 7 out of 10 criteria waiting for eb1. Find a lawyer who works with EB1B visas.
    Good luck!
    Jul 15 0
  • Amazon CeoExtra
    most FAANG and other SWE company patents are scam!
    Jul 14 0
  • Kohl’s karma’s a
    zero chance in EB1... stick with eb2..
    Jul 14 0

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