Applying for green card while a PhD student
I would like to apply for Green Card on EB2-NIW category. I do not know which category is suitable for me. However I would prefer NIW category. Is it the right time for applying for green card. Please let me know your feedback ASAP by reviewing my resume attached here.
BTW currently I am in F-1 Visa status in USA, so please also let me know if my application get denied, how would this denial affect my F-1 status? Can I continue my PhD in USA after the denial of my application? And what is the usual length to get final notification of my application.
Besides, I need some questions to be answered before I can proceed. Below are my questions:
1. If my I-140 get denied, will affect my benefit of F-1 visa, like apply for OPT or F-1 visa extension. I mean denial of i-140 will also cause denial/in-eligible for OPT, STEM extension or F-1 extension? Can I go to my country and re-enter USA on F-1 after i-140 denial? I have heard that many US universities does not apply for OPT if my i-140 get denied, is that correct?
2. If my i-140 get approved, then can I apply for I-485 immediately while I am in F-1 visa? It is said that I have to be on dual-intent visa (e.g. H1, L1) at first to become eligible for i-485 application. Given that I am in first year PhD student, I will be in F-1 visa for at least 5 years more to get my doctoral degree. So even if my i-140 get approved within six months from now, I cannot apply for i-485 until I am in a dual intent visa which is 5 years at least from now. Can you clarify this issue?
3. I am only at the first year of my PhD, so will it hurt my I-140 petition?
4. I have found in many blogs where lawyers are saying if I get denied on I-140 then according to law I have violated the F-1 status. Because according to F-1 visa regulation, I cannot show intention to settle here at USA, but applying for I-140 petitions means I am showing intention to stay here at USA forever.
5. If my I-140 get denied, can I apply again for I-140 for EB2-NIW or I simply have to go back to my country after my I-20 expiration date?
6. Can apply in parallel for multiple I-140 like one for EB1 another one for EB2-NIW?
7. I have found there is a expedited processing fees of $1400 for I-140 petition and they provide result within 15 days. Will it hurt the application approval decision?
9. What are the criteria for getting selected under I-485?
15. How many number of independent citations and publications are good enough to get approved?
16. Suppose I file for I-140 and I-485 in parallel, and I-140 get denied then will my I-485 get denied or it will say pending? I mean since I can re-file I-140 again after denial, so what should be status of I-485 in this case?
17. I have analysed my citation counts thoroughly again. Since computer science is vast field and it has many sub-fields and over the last five years I have worked in many different sub-fields and the citation counts break down as below:
Field: Computer Science
Sub-fields ———- Independent Citation Counts
1. Human Computer Interactions – 44
2. peer-to-peer networks – 2
3. Optimization – 1
My current research area (PhD) is Machine Learning and Information Retrieval and my most recent publication in this area get published in April 2016 in WWW 2016 conference.
So my independent recommender will be mostly from the area Human Computer Interaction research area which is not my current research field. So will this situation affect my I-140?
18. I have completed my Master’s in Computer Science and now I am doing PhD in Information Science. Will it reduce my chance of getting approved the I-140? Is information science a substantial intrinsic merit field?
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