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Can I apply on my own?

Published Oct 10,2009 By GCforPhD


I am a postdoctoral fellow recently joined in a  Women hospital in H1B visa status. I have done my PhD from Indian Institute of Science, Bangalore, India in the field of Molecular Human Genetics. I have 2 first author papers in —— and 2 more in 2 other international Journals. I have also attended some 10 conferences where I have presented my work as poster and oral presentations. I was wondering whether I am eligible for a processing my green card now under national interest waiver program or any other category and how long does it takes to process the green card. If yes then can I do it myself?

Self petitioning (no employer sponsorship is needed) is possible in EB1A or EB2-NIW. And you can apply on your own (by your self or using a lawyer) in these categories. From your short description, it is hard for to judge what is the best option for you. Also we do not provide legal advice. So we generally let you decide on whether you should apply and what is the best suited category. In general we have found that if a phd collects all the publications, awards, various efforts along his/her phd and during his/her work experience, they may collectively be sufficient evidence for a NIW or EB1A self-petition. We suggest you look at the USCIS criteria and some example petitions (from us or else where).

Usually i-140 approvals are quick (generally few months and rarely a year). Processing time for I-485 depends on your country of origin and applied category (EB1 or EB2). If the priority dates are current it can be a few months otherwise longer. Please looks at the current visa bulletin to see the visa number availability.
Best of luck

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14 years ago


I have a few questions regarding a green card sponsorship. I have been in the US on an H4 visa, and have been unable to get a company to do H1B sponsorship. During some searches, I found out that PhDs can apply for a green card on their own. I do not have a PhD. However, my father happens to be distinguished scientist in India, and I am sure he will qualify for whatever criteria they might have to grant a green card. My questions are :

1. My father currently resides in India. Does he have to be residing in the US at the time of application for green card? He has actually not ever come to the US.
2. I am now 26 years old as well as married. If he applies for the green card, will I also be included as his daughter for a green card?
3. I have two younger brothers who are currently studying in India. They have no plans of coming here now. Would we be able to not include them or my mother for now and then apply separately for them, later on, if needed?
4. Can my spouse be included for the green card?

14 years ago
Reply to  NMS

Your questions are answered below.

1. No he does not need to be residing in the us. He can be any where as long he satisfies the uscis criteria.
2, 3, and 4. Only minors and dependents can qualify for 485 application along with primary applicant.

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