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eb1a or eb2-niw

Published Jan 28,2017 By Lalit Kumar Golani

hi,

first thanks for the valuable information in your website. 

in a phd holder in pharmaceutical chemistry from USA  and currently a postdoc or research associate in the same field. i am in my first year of OPT and will extent my OPT in few months. my adviser is willing to give in j1 but for h1 he is not agree yet. i want to apply for Eb2-NIW or Eb1a. i have 2 primary publication from my phd in journal of medicinal chemistry as first author, 3 publication not in good journal from my country India, 6 poster presentation while phd, 6 citations only, 2 membership ACS and AACR, 5 paper i review till now. are my achievements are good for Eb1a or Eb2-NIW? i what to file Eb2-NIW while on OPT extension is it good idea or should i take j1 and then apply for eb2-niw? for OPT extension i should have two year in which i can do i-140 application and if it approved i can do i-485 which eventually give in EAD before getting green card. is it a good idea what are your suggestions? one more question should i take j1 or i should extentd my OPT (extention of OPT and then J1 will give my more year in USA).

thansk and regards

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Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago

Were you also born in India?

Lalit kumar golani
Lalit kumar golani
7 years ago

How Does it matters? Please explain. Just asking because I know it’s matters if u born in India then it would be tough to get green card because lots of people appling from India.

lalit
lalit
7 years ago

Yes

Tigran Kalaydzhyan
Tigran Kalaydzhyan
7 years ago

Hi Lalit,

Yes, this information is essential, because there will be a long waiting time until you will be allowed to file I-485 for the EB2-NIW even if the I-140 is approved. Currently, only those who were born in India and filed I-140 before 15APR08 are allowed to file I-485, see the link below, so there is, actually, only EB1A option left for you (otherwise NIW might be more suitable in your case).
https://www.uscis.gov/visabulletin-feb-17

It is always better to extend F1/J1 allowing you to stay the longest time in the U.S. before filing I-140, because filing I-140 demonstrates an immigration intent and you may not be able to extend those nonimmigrant visas in the future. Speaking of chances, it might be a nontrivial task to prepare a strong petition with a small number of citations, however, please have a look at the criteria by the link below and think of a possibility of getting reference letters that will compensate for the small number of citations and papers
http://www.greencardforphd.com/eb1a/extraordinary-ability-eb1a-and-uscis-criteria

Lalit Kumar
Lalit Kumar
7 years ago

Thanks for your reply, your website is really useful, I will wait and try to collect publications and citation.
Thanks again

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