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
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).
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.
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
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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Were you also born in India?
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.
Yes
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
Thanks for your reply, your website is really useful, I will wait and try to collect publications and citation.
Thanks again