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We want to apply green card through NIW and our j-visa is about to expire

Published Aug 1,2014 By GCforPhD

Question 

Hello, I found your site very helpful and wanna ask you if you could help me with my situation my husband is in j1 visa with 2 year rule applied and our visa is about to expire but we want to apply green card through niw is it possible as my husband has only 4 publication any suggestions will be great help for us thank you

Answer:

Publications is not the only deciding factor in an niw petition. One of us only had 7 publications (including conference) at the time of NIW application. So our answer is he can apply even with 4 publications if the over all evidence is strong. We suggest him to read “what are my chances in NIW?”. Many time several people have other considerable evidence and they may not realize it. Our packets will help understand what evidence is suitable for niw.
 
Beside these there are couple of things to keep in mind while applying in NIW. 1) He would need to get a j1 waiver from home country before applying for a I-485. But he can apply for i-140 at any time provided he understands the limitations. 2) For Indian and Chinese nationals, while I-140 approvals are fast typically between 1 to 3 months, there is a long wait for I-485 due to priority dates and retrogressed visa numbers.   
 
If he wants to consider EB1a, information in the following pages are helpful. 

 

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