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J1 visa and EB1a application

Published Jul 2,2013 By GCforPhD

Question:

First of all I would like to thank you for all the information about Green Card application especially for the PhDs and Post docs. I really appreciated it.
I am working as a Post Doctoal Fellow at an US university on J1 VISA and my wife is working with one Pharmaceutical Company being on J2 with EAD (Work Permit). My J1 status is valid until Feb 2015 and so is my wife’s EAD. I had applied for NORI last year (April 2012) and as of now I have all three letters (no objection certificates) from India. I am in a process of applying for J1 Waiver soon. However, before doing that I had few doubts to be cleared to proceed further…..
1. Can I appy for Green Card being on J1 instead of going on H1B ?
2. Can I apply for green card in EB-1 cateogry. My credentials are attached
a. M Pharm from India
b. PhD from USA (Biomedical Sciences)
c. Currently Post Doctoral Fellow at one of the top Pharmacy Schools USA
c. 11 peer reviewed research publications and I have published 7 research articles in Indian Journals
d. Total citations – 38
f. one national award for PhD thesis work and was invited speaker at one pharmaceutical conference in USA
g. Was recipeint of a few more awards at University level
h. Official reviewer for research articles
i. 20 abstracts
Reply:
You can apply for GC while on J1. However there is one risk you should be aware. J1 is issued to a person with non-immigrant holder. Applying for GC implies an immigration intent. Therefore if you want to extend your J1 visa, before you obtain your GC (or your i-485 application), you may not be able to do it.
With these credentials there is a reasonable chance you can apply in the EB1a category. Your credentials satisfy the required three out ten criteria. However you also need to justify that your work is national in scope and is in the US interest. you can look at some example petitions for help on applying.
Best of luck
GC for phd team
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