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.
F1 to GC: First year PhD student looking for information on applying for GC.
Published Sep 5,2016
By Riju
Hello!
I am a new graduate student at Oregon state university. I will be starting my PhD course in Computer Science.
As I am a direct admit to the program (non-terminal MS), when is the best time to apply for the EB2-NIW? I have 1 international conference paper so far, that I presented during my undergrads.
I would also like to let you know that I am from India. Can you please let me know about the specific requirements that I need to follow while applying the for NIW program?
Any suggestion would be much appreciated.
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Tigran Kalaydzhyan
8 years ago
Hi Riju,
You need to satisfy at least 3 exceptional ability criteria, see the list by the first link below. In addition, you have to be able to show that your work is national in scope, see there as well. Time to apply depends on when you will be able to accumulate enough evidence to satisfy these criteria. The subtlety with an Indian citizenship is the delay between the moment your I-140 petition is approved and the moment you will be able to file the I-485 adjustment of status. The current USCIS bulletin (see the second link below) states that you are eligible to file the adjustment of status if you filed I-140 before 22 FEB 2005. This bulletin is updated on a monthly basis.
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.
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Hi Riju,
You need to satisfy at least 3 exceptional ability criteria, see the list by the first link below. In addition, you have to be able to show that your work is national in scope, see there as well. Time to apply depends on when you will be able to accumulate enough evidence to satisfy these criteria. The subtlety with an Indian citizenship is the delay between the moment your I-140 petition is approved and the moment you will be able to file the I-485 adjustment of status. The current USCIS bulletin (see the second link below) states that you are eligible to file the adjustment of status if you filed I-140 before 22 FEB 2005. This bulletin is updated on a monthly basis.
http://www.greencardforphd.com/eb2niw/eb2-national-interest-wavier-niw
https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-september-2016.html