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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

What work basis do I choose for my petition?

Question:

I have read your website and even downloaded the free document which I find very useful.  I am from Kenya and have been here lawfully for the past 5 years on F1 visa. I am as good as done with my PhD. I am writing my thesis and will graduate by May next year. I was looking for information on how to use my science background to get a PhD and came to your site. I was very happy that I can get this kind of advice from someone who has really been through this. I have just a couple of questions and advice where you can and where not just let me know.
1. My background is chemistry and I have experience teaching as well as research (see my two attached resumes). I can petition to stay due to my teaching in Chemistry or due to the fact that am working in basic energy research (biomass and biofuels). Which is a stronger case?
2. Is Kenya grouped with the rest of the world when it comes to cut-off or priority dates.  What should I look out for i.e when should I file etc.
Response:
1. When you self-petition in an employment based category (EB1a or EB2-niw), you do not have to mention that you will be only teaching or will be only performing research. For example, you could mention that your area of work is inorganic chemical synthesis and you have plans that involve teaching and or research. The key thing is to be able to satisfy USCIS requirements in the category that you plan to apply. Please read the USCIS requirements for EB1a and EB2-niw. The more convincing your evidence is for the USCIS criteria listed , stronger the petition.
2. In your case, you will have to look at column one in the employment based category of the visa bulletin.
Also you should be aware of the issues involved in the Green card application while on a F1 visa. Please see other F1 related questions in this blog.
Best of luck
Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
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