Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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.

eb1a or eb2-niw


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

5 Responses to eb1a or eb2-niw

  • Tigran Kalaydzhyan says:

    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).

    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

    • Lalit Kumar says:

      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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