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.
Currently on OPT/EAD, applying for EB2-NIW
Published Dec 27,2014
By NM
Hi!
I am a current post-doctoral researcher (having received my Ph.D. in Engineering in Aug. 2014) on my OPT/EAD which expires on Sept. 11, 2015. Although my citizenship is Indian, I was born and brought up in the Middle East, and it recently dawned on me that for GC (and other immigration) purposes, the country of birth is taken into consideration, which is why I am now in the process of applying for an EB2-NIW.
I haven’t left the country since 2005 and didn’t renew my US visa since then (I got new I-20s for my MS and now, my PhD, so everything is good from a legal perspective).
The questions that I have are:
1) Would the issue of the expired visa (since June 2006) affect my chances with the EB2-NIW?
2) If I am not successful in finding a job in a company that would sponsor me (before my OPT/EAD expires on Sept. 11, ’15), would I have to leave the country or could I stay here while my EB2-NIW is being processed?
Thanks!
Posted in niw
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GCforPhD
9 years ago
Hi
You are correct green card visa number availability is based on country of birth. This would mean that you will not have the same long wait times (for an I-485 application) as an Indian born EB2-NIW applicant would have.
1. Although your travel visa stamp has expired, your I-20 is still current and as you mentioned, your stay is legal. So expired travel visa stamp should not have an effect on your application process.
2. The answer to the second question depends on how you plan to apply. If you apply concurrently (meaning both I-140 and I-485 at the same time), your status would become “pending I-485”, which is a legal status for staying in the US. Also you would be eligible to obtain an EAD (because your I-485 is pending) and advanced parole. These will let you stay and work. On the other hand if you apply separately (I-140 first and I-485 after I-140 approval) then your stay after OPT expiration will be determined by I-140 approval. In other words if I-140 is approved and you manage to apply for I-485 before Nov 11 2015 (60 days after I-20 expires). Typical processing times for I-140 are 3-4 months. So if you plan to apply now you should be good.
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.
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Hi
You are correct green card visa number availability is based on country of birth. This would mean that you will not have the same long wait times (for an I-485 application) as an Indian born EB2-NIW applicant would have.
1. Although your travel visa stamp has expired, your I-20 is still current and as you mentioned, your stay is legal. So expired travel visa stamp should not have an effect on your application process.
2. The answer to the second question depends on how you plan to apply. If you apply concurrently (meaning both I-140 and I-485 at the same time), your status would become “pending I-485”, which is a legal status for staying in the US. Also you would be eligible to obtain an EAD (because your I-485 is pending) and advanced parole. These will let you stay and work. On the other hand if you apply separately (I-140 first and I-485 after I-140 approval) then your stay after OPT expiration will be determined by I-140 approval. In other words if I-140 is approved and you manage to apply for I-485 before Nov 11 2015 (60 days after I-20 expires). Typical processing times for I-140 are 3-4 months. So if you plan to apply now you should be good.
Best Wishes
GCforPhD