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.
EB2 NIW or EB1A
Published Oct 27,2014
By cryptic00
I am trying to decide if I should apply under EB2-NIW or EB1A and thought of bouncing some ideas off here. My credentials are as follows:
– PhD Genetics; 6 peer reviewed articles in international journals (35 citations total), 3 of them first author (latest paper has more than 1200 views so far, but no citations yet); 17 years of experience in research; one international fellowship, one national award (USDA) and one regional early career travel award; ~10 talks at national and international meetings (3 invited); Wrote open source, scientific data analysis software which has been cited 3 times, and downloaded more than 240 times all over the world; Peer reviewer for 4 international journals.
I am pretty sure that my NIW will sail through, but I am on OPT and have only one year left. I have already used up 5.5 years of my six year H1B. If my NIW 140 goes through, I don’t know if I can file for H1 extension based on that. Otherwise, my only other option is EB1A, which I don’t know if I have sufficient credentials for.
I would appreciate any feedback. Thanks.
Posted in Self Petitioning
Subscribe
1 Comment
Oldest
Newest
Inline Feedbacks
View all comments
Author
GCforPhD
9 years ago
Hi
As you alluded to, NIW should be easy (provided you show that your work is in national interest etc).
You also satisfy 3 of 10 regulatory requirements of EB1a. In addition you also need to show
1. Petitioner is one of the small percentage of people who have risen to the very top of the field of endeavor. 2. Sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise
If you have sufficient number of citations and views over a few year period, you can claim 2. So EB1a may also be possible and worth a try.
Regarding your visa status, once your i-140 is approved, you can apply for i-485 and get EAD (yearly renewable) and AP (for travel). Generally there is a long wait for Indian and Chinese nationals to apply for NIW i-485. If you are not from these nations then you should be able to get an EAD.
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.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
Hi
As you alluded to, NIW should be easy (provided you show that your work is in national interest etc).
You also satisfy 3 of 10 regulatory requirements of EB1a. In addition you also need to show
1. Petitioner is one of the small percentage of people who have risen to the very top of the field of endeavor. 2. Sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise
If you have sufficient number of citations and views over a few year period, you can claim 2. So EB1a may also be possible and worth a try.
Regarding your visa status, once your i-140 is approved, you can apply for i-485 and get EAD (yearly renewable) and AP (for travel). Generally there is a long wait for Indian and Chinese nationals to apply for NIW i-485. If you are not from these nations then you should be able to get an EAD.
Best wishes
GCforPhD