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Currently on OPT/EAD, applying for EB2-NIW

Published Dec 27,2014 By NM

Hi!

I am a current post-doctoral researcher (having received my Ph.D. in Engineering in Aug. 2014) on my OPT/EAD which expires on Sept. 11, 2015. Although my citizenship is Indian, I was born and brought up in the Middle East, and it recently dawned on me that for GC (and other immigration) purposes, the country of birth is taken into consideration, which is why I am now in the process of applying for an EB2-NIW.

I haven’t left the country since 2005 and didn’t renew my US visa since then (I got new I-20s for my MS and now, my PhD, so everything is good from a legal perspective).

The questions that I have are:

1) Would the issue of the expired visa (since June 2006) affect my chances with the EB2-NIW?

2) If I am not successful in finding a job in a company that would sponsor me (before my OPT/EAD expires on Sept. 11, ’15), would I have to leave the country or could I stay here while my EB2-NIW is being processed? 

Thanks!

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