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.
Strength of my EB1a/NIW case. Currently on H4 visa.
Published Aug 2,2017
By AD
Hello team,
I am writing this to get some clarification about the strength of my case to apply for the green card through EB1A/ EB2-NIW. Here is the detail of my case for your reference.
I did my Ph.D in marketing in 2016 from India and currently I am in USA on H4 visa. I have 6 publications but in all the publications I am the second author. Out of the six publications only 1 is in internationally approved journal. I got one national award for clearing the NET( junior research fellowship) exam and during my Ph.D. I receive monthly based scholarship which lasted for 5 years.I am also having 16 months of teaching experience in university (11 months without any salary and 5 months with salary for the post of Assistant Professor). Currently I am working on the paper publications.
This was all the detail of my case, I am confused whether I am eligible to apply for the process of green card though EB1A/ EB2-NIW or not as with very less number of publications and if I apply then what are the possibilities of getting the green card. Please let me know what is the next best possibility for me whether to apply or to wait and work more for the best paper publications.
If you are born in India, then there is an additional factor that will influence your eligibility for the permanent residence. For indian nationals there is a backlog in issuing the adjustment of status. For instance, at this day, you can file I-485 (adjustment of status) if you applied for EB2-NIW before 22JUL08 and got approved (see the link below). This date is called “Priority date”. It makes it virtually meaningless to apply for EB2-NIW, leaving EB1A the only option. For the EB1A the priority dates are normally current, but for the August this year it is set to 01JAN12. Let’s hope it will return to “Current” by September. https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html
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.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
Hi Aditi,
I replied to a similar post of yours in this blog,
http://www.greencardforphd.com/blog/2017/07/31/required-number-of-publications/
If you are born in India, then there is an additional factor that will influence your eligibility for the permanent residence. For indian nationals there is a backlog in issuing the adjustment of status. For instance, at this day, you can file I-485 (adjustment of status) if you applied for EB2-NIW before 22JUL08 and got approved (see the link below). This date is called “Priority date”. It makes it virtually meaningless to apply for EB2-NIW, leaving EB1A the only option. For the EB1A the priority dates are normally current, but for the August this year it is set to 01JAN12. Let’s hope it will return to “Current” by September.
https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html