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

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Research Assistant Professor

Dear Sir,

Will you evaluate CV and suggest EB2-NIW or EB1A..?



3 Responses to Research Assistant Professor

  • Mrs Sultana says:

    Dear Tigran,
    Thank you in advance for the help.

    Basic facts about us:
    My husband was on J1 (international fund) with 2 years Home Residency Requirement. We left the US in May 2016, but his DS 2019 closed in May 2017, when he officially graduated PhD. However, he started teaching as an Assistant Professor in a university in our home country from August 2016. I did my master’s in the USA, and worked for 6 years in the USA. We have two US born children, who upon return to our home country are having health problems.

    I am attaching our CVs.

    1.How early can my husband re-enter the U.S. on a Postdoc?
    2.When my husbands 2 yrs HRR clock started?
    3.What are our prospects of getting a GC? Who (me or my husband) has a better chance of getting a GC? and in which category?
    4.When should we start the processing?

  • Tigran Kalaydzhyan says:

    Dear Mrs. Sultana,

    Before I have a look at your CVs, let me briefly comment on the J-1 questions. The law states, that the requirement is fulfilled if “person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States”. So, I would expect the clock to start from the moment of departure. However, since I do not know any example of such early leave, I would recommend to consult with a lawyer regarding this situation. There is an option of obtaining a J-1 waiver (see the link below) with a “No Objection” statement from your home country government, which is done more or less routinely. You may even try the “Exceptional Hardship” category of the waiver, if your children cannot get an adequate medical service in your home country – these matters have to be discussed with a lawyer.

    Regarding the processing, you can file I-140 before obtaining the J-1 waiver or completing the Home Residency Requirement. However, the I-485 should be filed only after that has been done.

    update: Comments on particular strategy based on CVs sent by email.

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