Tag Archives: NIW

Postdoctoral researcher trying to decide EB2-NIW or EB1A.

Question:

 

 I am a post-doctoral research associate at University of Washington, Seattle. I have a few questions regarding the green card applications.
 
1) Do I qualify for a EB1-A application. I am attaching my resume in this email. If I qualify, how long would it take.
 
2) If I apply under NIW, how long would it take to get I140 and how long would it take to get I485 approved in my case (an Indian citizen)
 
3) I am currently in academics. Can I find a job in industry after I-140 approval?  Would it jeopardize my I-485 approval chances. Also, when companies ask for permanent resident, would I qualify for that if I had only I-140 approved.
 
Thanks.
Regards
 
Answer:
 
1. EB1A is generally harder than NIW. From the limited information you provided it is hard to tell but there is a possibility of EB1A. If you look at some example approved cases and petitions, it may help you plan, structure and prepare your petition. Some of the deciding factors are a) how important are your contributions (do you have enough citations? do reviewers highly regard  your work? how many people in university/industry use your work etc). From our experience significant number of PhDs (although not all) can do EB1As.
 
140 petitions take less than 3 months and  I-485 approvals take around the same time.
 

2. For NIW you need to find a connection between your work and national interest (which is not that hard). 

 
I-140 petitions take less than 3 months and  I-485 approvals take around the same time. But priority dates are not current for Indian nationals. Applications with priority dates of 15/11/04 can apply.
 
3a.  Yes
 
3b.   Usually no. As long you are working in the same field (you can choose a broad enough discipline which covers both your current and industry work).
 
No. You would need an approved I-485 to get a permanent resident status. Some companies accept EAD when I-485 has been applied and pending. This is still not the same as permanent resident.
 
Best wishes
 
 
 

Do I need a waiver to apply for EB2 NIW I-140?

Question:

 

I read with interest your online book but my situation was not addressed.

 

I have a J1 visa with a two years home restriction. I know I must have a waiver from my home government to apply for change of status. Do I require the waiver to apply for the EB2?

 

Thank you

 

 

Answer:

 

You do not need a wavier to apply for I-140 petition. You can apply this any time on almost on any visa.
However as you mentioned you need a wavier to apply for a change of status (I-485).
You should also be aware that once you apply for I-140 it may become harder to extend J1 visa.
best of luck

F1 applying for greencard under EB2 NIW

Question:

I am interested in applying for green card under NIW EB2 category. I recently defended my PhD and I have applied for an OPT, it will be valid from  May 2012. Currently I am on F1 working as a research assistant. These days I am searching for postdoc opportunities.

I went through the GreenCardForPhd eBook, so I am very confident to apply for the green card. As I am still on F1 status, how about the possibility of making my case successful. Please advise me. Do you have heard of similar successful cases?

Answer:

It is possible to successfully apply for green card while you are on F1 status. However you should be aware that after the GC application, you may not be able to renew your F1 status (or obtain F1 visa) if needed in May of 2013. This does not cause a problem if by then you are able to apply for I-485 (either concurrently with I-140 or after I-140 approval). If you have a nationality from India or China then it may not be possible to apply for I-485 before May of 2013 due to priority dates.

You can see the contents of item 1 at the following page

http://www.greencardforphd.com/packet.html#I140

You can also find F1 related faq at

http://www.greencardpostdoc.info/tag/f1/

Q1:

Thanks a lot for the information. I am from Sri Lanka, and I prefer to apply I-140 first and I-485 second. Does it make any difference, I meant approval time if I apply for I-485 after I-140?

Answer:

You can see the current approval times on USCIS website. Concurrent filing may gain some time, probably not much.

Q2:
Is it possible to apply for I-485 just after approving I-140? Or do I have to wait for some time?

Answer:

Currently there is no wait for your Nationality. You can see the current priority dates in the visa bulletin

Q3:
Now I have F1, and will be on OPT starting mid May (still F1), and if
1. My I-140 get rejected does it influence my OPT?

Answer:

It won’t influence your I-140 but it may be harder to renew OPT or F1 visa after it expires.

2. If my I-140 gets approved, and I-485 get rejected what will happen to my OPT? If my OPT is influenced/ cancelled due to this rejection can I have my spouse’s dependent visa? (Either F2/ H4)

Answer:

You can go on to a H4 visa. F2 may not be possible because you should have non-immigrant intent, which is in contradiction with your 485 application.

3. If my I-140 is approved will I-485 be always be approved.
Answer:

From our experience I-485 is generally approved. It is rare that I-485 is rejected. If it is rejected it could be for reasons like status violation, fraud, misrepresentation etc.


Finally I would like to visit my country in fall for about one month vacation. Do I have to be in US after applying for I-140 of I-485?

Answer:

Along with I-485 application, you can apply and obtain advance parole which will allow you to travel abroad.

Thanks a lot. I really appreciate your advice.

NIW: Do I need recommendation letters from my manager?

Question:

I am a PhD and working as a software engineer. Could you please tell me how I can formulate my documents for NIW application? Do I need recommendation letters from my manager?

Answer:

You will need several recommendation letters supporting your claims of eligibility to the national interest category. Our example petitions can provide you an idea as to how you should approach writing your petition for NIW. When you make the petition, you should make sure that the USCIS criteria for NIW are met.

Other common questions related to the petition are answered in the free eBook on our website.

Is one example petition packet sufficient to prepare a petition

Question:

I finished my PhD in Biomedical science recently and am looking for a way to apply for Green card. I came across your website and agree that self-petition is a good method for PhD holders as we know our field the best compared to a lawyer. How can I purchase your material? And how many example petitions do you have? Will one example suffice for me to prepare my petition?
I have 5 publications and about 10 citations, also have presented papers and posters in conferences. Most of my research has been on pediatrics.
I don’t feel very confident about Eb1a but would like to make a strong case and apply anyway. And subsequently apply for NIW.

Answer:

You can purchase our material from greencardforphd.com. The packets have one example petition each for EB1A and EB2-NIW. One example should be sufficient. We have had many successes. Details of the packet can also be found on the same Web site.

Although EB1A is tough, it is still worth a try especially for Indian and Chinese nationals. Once you start collecting evidence and preparing a petition you may realize you have a strong case after all.

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.

Packet for EB2-NIW Entrepreneurs

Question:

Would your package be useful for NIW EB2 Entrepreneur or you guys are working on an update to include this new amendment.

Answer:

Our packets are not specifically designed for EB2_NIW Entrepreneurs. However our packet, designed for PhD’s applying in EB2-NIW, shares the same common requirements of NIW namely

1. Applicant must seek employment in an area that has intrinsic merit.

2. Applicant must demonstrate that the proposed benefit provided will be national in scope.

3. Applicant must demonstrate that the entrepreneur will serve the national interest to a substantially greater degree than would an available US worker having the same minimum qualification.

The current example packets should be helpful in planning and presenting the correct evidence in the I-140 application process.

Eligibility for EB1A and EB2 NIW and processing duration of the application

Question:

I am Hungarian, got my PhD last year. I am currently post-doc with J-1 visa. Our Professor just told me, I got 3 more months and no more, after, I have to leave. I have to find another job, which is very difficult … you know well, or I have to find any other way to stay here legally. I decided to go for a green card, I think this is the key of my future, but we don’t have 10000 dollars for the lawyer fee…. I have the following qualifications,

PhD in chemistry and additional BSc degree in computer engineering

I have 5 papers, 1 additional submitted

17 conferences abstract with posters or oral presentations

1 New York Times article with my group (my name is not in it, but they can confirm that it is my project)

1 Nat Geo video (Finally they cut the video and I am not visible, but they can confirm that it is my project – same as in NY Times))

1 European poster prize and 1-2 additional prizes in Hungary

Do you think, I can qualify to any category? Which one?

Do I have any chance?

How much time does it take to get any answer from the immigration? From when, I can be here legally, if my visa expires?

Answer:

As you are probably aware EB1A and EB2 NIW are two self-petition categories which do not require employer sponsorship. From our experience, a lot depends on how the entire situation is narrated coherently in the petition. Depending on your research area and how important it is (it seems pretty important from your email) and if it is of national interest/your work is exceptional, one of the two categories could be more appropriate. Your resume looks strong and you stand a good chance. However you still need to present a coherent and compelling narration of your contributions in the petition. As far as the NY article and Nat geo show, you can ask your recommendations to mention about these in the reference letters. You can also present these articles and videos as evidence where you had a significant contribution.

If you do concurrent filing of i-140 and i-485, you will be eligible to stay in the US (you are legal even before any approvals). Your legal status would remain “pending 485” as long as i-140 is under review or approved. In this status you can also apply for an EAD (which allows you to work) and an advanced parole (allows you to travel abroad, if  needed).

You can find the current processing times for i-140 and 485 on the USCIS websites. 485 approval times depends on green card visa number availability for your country which is usually listed in monthly “visa bulletin”.

Our website has example petitions which may be helpful to you.

Applying for Green Card while on H4

Question:

First let me appreciate your efforts through your website. They were really helpful information. I am interested in filing GC in NIW category. I appreciate if you could help me resolve the following specific questions I have,

Q1: I have a PhD in Physics from an US university. I was a postdoc and with H1B until March 2011 and then had to quit my job and move  to a different state. To keep my legal status I had to change to H4. So now I am on H4. If I file for GC now in the NIW category, will this affect me if I wish to renew my H4 visa abroad?

Answer:

Self-petition GC application process has two parts I-140 and I-485. If you apply for I-485, you are also eligible to apply for an EAD and advanced parole. Your H4 status or renewal is not affected unless you or a derivative applicant (spouse) starts to use either an EAD or advanced parole. If EAD or AP derived from I-485 application are used then your status is “pending adjustment of status”. In this status, you can work using EAD and travel abroad using AP and do not need a H4.

Q2: I have seen a similar situation for F1 visa but don’t know if I should be concerned in the case of H4.

Answer:

Renewing F1 when I-485 is pending is not advisable since F1 applicant has non-immigrating intent while I-485 shows intent to immigrate. With H1 or H4 a problem similar to F1 does not arise.

Q3: Does applying for GC in NIW make an automatic restriction to have a job only in academic or research during its processing time?

Answer:

No. In general USCIS expects that you work in an area mentioned in your work plan  that is attached with i-140 petition. If the work plan can be written in very general terms, mentioning your intended area of work, without restricting it to a very narrow field then you have flexibility in changing jobs.

Q4: Do all the recommendation letters have to be hard letters? Or an email would be sufficient?

Answer:

It is desirable to have hard letters. If you are hard pressed for time you can get pdf copies emailed to you and use them instead. Some applicants have done this without a problem. However, original signed copies are always better.

Concurrent EB1 and EB2

Question:

I recently graduated with a PhD and am currently working for a semiconductor company.

I am in the process of starting my green card application and am debating between applying through EB2 (D) – advanced degree and EB2 (I) – National Interest Waiver categories.

I was wondering if I can proceed through both of the above simultaneously. For example, can I initiate the process through EB2 (D), and after six months or so can I also apply through EB2 (I).

Thanks.

Answer:

USCIS does not restrict the number of I-140 applications to one. One could apply under any number of categories at the same time and if rejected, reapply under that category.

You can find more information in the free ebook on this website.