Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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.

Applying for green card while on OPT


I came across you website and found it very helpful. I am a Post Doc now, working on my OPT status (but applied for H1B visa). So can I do the self petition application for green card now (or do I have to wait till H1B approval)? I have attached my CV. Could you please, after reviewing this, suggest me whether I should go for EB1A or  EB2-NIW ?


Applying for i-140 does not pose any problem on OPT or H1B. There may be some issues involved during the 485 stage, if you apply while still on an OPT. We are not experts at this.  If you plan to apply for 485 at a later date (after you 140 approval), it is fine to start with your i-140 petition.

Your CV is good. You may be able to do either one. Much depends on how the entire petition is prepared and presented. Please review USCIS requirements in both the categories. It may also help if you look at some example petitions before applying.
Best of luck
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

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