Tag Archives: direct green card

Work in USA without any sponsorship and Green card processing time in EB2 category

Question:

While looking for options to apply for green card, I came across your website. It sounds very interesting and helpful.

Well, although I do not intend to settle in US but because of funding issues and short term visa extensions, I want to apply for green card. Do you know for how long once I apply for green card I can work in US without any sponsorship or visa?

Answer:

Green card self-petition application has two stages I-140 and I-485. Once you apply for I-485, you can stay as long as I-140 or I-485 are not denied. If both are approved, you will be a permanent resident and can stay as long as you wish.

Q1:

The documents that you suggest ordering are dated 2008. I was wondering if there is any change in the procedure or forms since 2008?

Answer:

We keep our packets (forms as well as petition) up to date. We heard of two approvals last month using these packets.

Q2:

Do you know generally how long it takes for green card processing in EB2 category? What if my case gets rejected? I understand that you may not have answers to all my queries but surely would know better than me so I am asking.

Thank you for your time and help.

Answer:

I-140 approvals are fast, typically 3 months or less. If you are from India/china there is a long wait for I-485 application. Once applied I-485 processing and green card approval typically take 3 months or more. You can legally stay and work in the US after I-485 is applied.

There can be several scenarios in the case of rejection depending on your visa status. Please let us know your nationality, current visa status that you intend to be in during I-485 application to provide a better answer.

Chances of converting into either H1 or Green card while on J1

Question:

I came across your informative web site about green card for PhDs, self-petition. I have two questions, if you don’t mind answering them,

1) I will be entering USA on a J1 visa for 2 years and what are my chances of converting it into either H1 academic or green card status?. Briefly, I have a Ph.D. in optical spectroscopy of semiconducting materials, and 5+ years of postdoc experience in experimental physics. Some key words are – Quantum dots, photovoltaics, laser physics, ultrafast laser spectroscopy, nanomaterials, Nanotechnology, with extremely good publication records in top rated high ranked international journals.

Answer:

1) Obtaining H1 depends on your employer. You need an employment with a University/ private company/non-profit to obtain H1 sponsorship.

With your background and experience you will be able to self-sponsor a Green card petition. You can either apply in EB1A or EB2-NIW categories depending on your petition evidence.

2) Once I enter USA on J1 visa, can I directly convert it to Green card status? Please help me with this.

Answer:

In order to apply for a Green card you need to obtain a J1 wavier from your home country first.

Q1:

I heard that, since I got my Ph.D. from Europe (and left my home country 12 years ago), I don’t need a waiver for home country return. Is that true?

Answer:

We think, you should be able to tell from your J-1 Visa stamp. On the J-1 visa stamp in the J-1 Exchange Visitor’s passport, there would be a phrase: “Bearer (is/is not) subject to section 212 (e). Two-year rule (does/does not) apply”.

Q2:

I haven’t applied for J1 yet. If I have to get this phrase, should I apply for a waiver now itself?

Answer:

No. You apply for waiver once you see what is written on your J1 visa.

Q3:

Many thanks. Some of my Ph.D. friends who went on J-1 got GC within a year or so. However, they had paid lot of lawyer fee, typically 5K USD! Your website suggests  that it is possible to get a GC without lawyers help. In my case, I will be applying for GC once I enter USA. Would you be willing to help me with this?, if yes, what’s your typical fee for a single person?

Answer:

Our website has example petitions (part of self-petition kit) you can purchase. We answer any questions that buyers have via email. We do not offer any other services. Several applicants were successful with this approach.

US Congress Bill seeks direct ‘Green card’ to PhD holders

Source: The Economic Times

In an effort to retain the best foreign talent in the country, a bill has been introduced in the US Congress, which if passed, would
give direct “permanent residency” to overseas PhD students.

As such these foreign students would be exempted from applying for H-1B visas or other work visas to stay and work in the United States. However, not all PhD would be eligible for the popular “Green Card”.

As per the bill introduced by Jeff Flake, Republican Congressman from Arizona, only those foreign nationals having completed PhDs in science, technology, engineering and mathematics (STEM) would be eligible to directly apply.

If passed, the Stopping Trained in America PhDs from Leaving the Economy (STAPLE) Act (HR 1791), would end up benefiting the Indians and Chinese the most, as students from these two countries account for a majority of the PhD students in the United States.

The bill also say that such PhD holders be exempted from the numerical quota of H-1B visas.

As of July 2009, there is no special categorie for PhDs yet. However due to their background, Phd’s tend to satisfy most of the criteria needed to obtain a Green card via the EB1A or the EB2-NIW. We suggest that interested users make use of these categories to obtain a Green card.

US Congress Bill seeks direct 'Green card' to PhD holders

Source: The Economic Times

In an effort to retain the best foreign talent in the country, a bill has been introduced in the US Congress, which if passed, would
give direct “permanent residency” to overseas PhD students.

As such these foreign students would be exempted from applying for H-1B visas or other work visas to stay and work in the United States. However, not all PhD would be eligible for the popular “Green Card”.

As per the bill introduced by Jeff Flake, Republican Congressman from Arizona, only those foreign nationals having completed PhDs in science, technology, engineering and mathematics (STEM) would be eligible to directly apply.

If passed, the Stopping Trained in America PhDs from Leaving the Economy (STAPLE) Act (HR 1791), would end up benefiting the Indians and Chinese the most, as students from these two countries account for a majority of the PhD students in the United States.

The bill also say that such PhD holders be exempted from the numerical quota of H-1B visas.

As of July 2009, there is no special categorie for PhDs yet. However due to their background, Phd’s tend to satisfy most of the criteria needed to obtain a Green card via the EB1A or the EB2-NIW. We suggest that interested users make use of these categories to obtain a Green card.