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.
Need help on deciding between NIW-EB2 and O1
Published Nov 11,2016
By pan
Hi,
I have a little complicated issue. Any advice would be greatly appreciated. I’m on my OPT that will expire on next January. I was planning to apply for green card through EB2-NIW by end of this month. But now I need to travel back to my country due to an urgent family issue. I can stay maximum until end of this year. I believe it’s not possible to get the advance parole documents within the limited time that I have now (1 1/2 months). I am wondering whether applying to O1 is the best option for me now?
I have completed more that 80% on my EB2-NIW application packet, is it possible to apply for both EB2-NIW and O1 simultaneously ? My intention is to request premium process on O1 application, so that I can travel in and out to US while my NIW-CP application pending (if O1 approved). I am currently employed and my employer is willing to file for O1.
Thanks in-advance.
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Tigran Kalaydzhyan
8 years ago
If you are from India or mainland China, then your I-140 should be approved first and then you will have to wait several years before you can file I-485 and I-131. If you are not from India or mainland China, then you can file I-140 concurrently with I-485 and I-131, but again 1.5 months is not enough to receive the advanced parole. Having O-1 is a good idea. There should not be any problem with applying for both O-1 and EB2-NIW at the same time, since O-1 is a dual intent visa. If you are from STEM fields, then you can recycle a successful petition for O-1 and apply for EB1A in the future, since the criteria are similar.
Pan
8 years ago
Thank you very much Tigran for your prompt reply.
1. Can I travel out of US while O1 pending (if in-case I need to travel ASAP) ?
3. In case if I apply for EB2-NIW and if i140 get approved, will my O1 visa/application get automatically abandoned once the EB2-NIW case transferred to my home country consulate (not India or China) for further processing of CP?
1. You can leave U.S. while O-1 is pending. You will need a visa stamp (either O-1 or your current F-1) to come back though.
2. No it should not get abandoned, because I-140 is a petition, not yet the adjustment of status.
Puneet Paul
8 years ago
Hello
I am a post doctoral research associate on J1 visa, started in July, 2016. I would like to ask whether I can still apply for green card or is it too soon for that. What all documents I need to prepare in order to file for the same.
Thanks, your response will be very much appreciated.
Please have look at the description of the criteria for the EB1A and EB2-NIW green cards on this website. If you think you may satisfy the criteria, then you can have a look at our DIY packets for a detailed review of the documentation that can be submitted. The main document is the I-140 petition that demonstrates that you satisfy the USCIS criteria and that the permanent residence should be given to you. It is a bulky document and there are many details that should be taken into account, that’s why I would like to encourage you to have a look at our manuals.
There is no such thing as waiting time after getting your PhD. Some people can apply even before starting a postdoc and some are not ready long time after getting the one – it depends on many circumstances. Please feel free to ask any questions regarding the criteria or during the preparation of the petition.
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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If you are from India or mainland China, then your I-140 should be approved first and then you will have to wait several years before you can file I-485 and I-131. If you are not from India or mainland China, then you can file I-140 concurrently with I-485 and I-131, but again 1.5 months is not enough to receive the advanced parole. Having O-1 is a good idea. There should not be any problem with applying for both O-1 and EB2-NIW at the same time, since O-1 is a dual intent visa. If you are from STEM fields, then you can recycle a successful petition for O-1 and apply for EB1A in the future, since the criteria are similar.
Thank you very much Tigran for your prompt reply.
1. Can I travel out of US while O1 pending (if in-case I need to travel ASAP) ?
3. In case if I apply for EB2-NIW and if i140 get approved, will my O1 visa/application get automatically abandoned once the EB2-NIW case transferred to my home country consulate (not India or China) for further processing of CP?
Thank you.
1. You can leave U.S. while O-1 is pending. You will need a visa stamp (either O-1 or your current F-1) to come back though.
2. No it should not get abandoned, because I-140 is a petition, not yet the adjustment of status.
Hello
I am a post doctoral research associate on J1 visa, started in July, 2016. I would like to ask whether I can still apply for green card or is it too soon for that. What all documents I need to prepare in order to file for the same.
Thanks, your response will be very much appreciated.
Best,
Puneet
Hi Puneet,
Please have look at the description of the criteria for the EB1A and EB2-NIW green cards on this website. If you think you may satisfy the criteria, then you can have a look at our DIY packets for a detailed review of the documentation that can be submitted. The main document is the I-140 petition that demonstrates that you satisfy the USCIS criteria and that the permanent residence should be given to you. It is a bulky document and there are many details that should be taken into account, that’s why I would like to encourage you to have a look at our manuals.
There is no such thing as waiting time after getting your PhD. Some people can apply even before starting a postdoc and some are not ready long time after getting the one – it depends on many circumstances. Please feel free to ask any questions regarding the criteria or during the preparation of the petition.