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

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EB1-OR Cateory for PhD


I graduated my PhD in December 2015 and wanted to apply for my GC right away. I have been in the US since 2003 under various visas

2003-2005 F1, 2005- Oct 2006 : OPT, 2006 – Nov 2010: H1B, Nov 2010 – Dec 2015: F1, Dec 2015-Nov 2016: OPT, Nov 2016 – Current: H1B (continuation). I was hoping to apply for my EB1-OR category back in 2016 but my Attorneys feared that I might get an RFE and it will be risky since I have only 2 publications and not many citations. They are pushing to apply in EB2 category. My question is, do you see any risk in applying for an EB1-OR category? I have been involved with a revolutionary medical device for the past 5 years which has about 10 patents. My name is not in any of the patents, however, I have contributed to it. Also my company is a start up and employs only 4 people. What are the chances of succeeding in EB1? would this scenarios qualify for an EB2-NIW? If so, how much time are we talking about before getting I-140 and filing I-485? Any help in this matter is much appreciated.



One Response to EB1-OR Cateory for PhD

  • Tigran Kalaydzhyan says:

    Hi Hariharan, could you please let us know what is your country of birth? (this will help us to answer your question)

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