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EB2 NIW

Published Nov 7,2017 By Anuj

Hi,

Thanks for useful information and helping others…I have question regarding my scenario and wanted to share my situation if I will be able to apply successfully in EB2 NIW category.I am on H1B here with family. My wife is a PHD in Electronics (Researched in Semiconductors) from Delhi University, India. She has 2 papers published in international journals. And few conferences…She is presently on H4B (Dependent) visa here. Earlier she was teaching in Delhi University and presently in USA as a house wife.
My question is that
1) Is safe/good for us to apply for her in EB2 NIW category and with these number of papers and stream (electronics).
2) If in case it is rejected for any reason, is her H4 status will be impacted and have to leave country ?
3) Do you have any reference or stats who has successfully got through with 2 papers and teaching experience.

4) Does she need to have any employment to be eligible for this category.

Please suggest. I am eagerly waiting for your response.

Regards,
Anuj Gupta

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Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago

Hi Anuj,

Let me first ask you, if your wife was born in India.

Anuj
Anuj
6 years ago

Yes, she is born in India.

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  Anuj

Hi Anuj,

This introduces a much more relevant complication, because the issuance of EB2-NIW to Indian nationals is currently backlogged by 9 years (see the source below). It means that, even if your wife’s I-140 is approved, she won’t be able to file I-485 for the next few years. Otherwise, answering some of your previous questions, there is no employment needed for this category of the green card, and H4 won’t be impacted. I personally do not know someone who got EB2-NIW with 2 papers, however, it is possible, if your wife can satisfy the requirements set by USCIS.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-november-2017.html

Anuj
Anuj
6 years ago

Thanks for your answer. One more question – My H1B is getting over in next couple of years, Is it possible for me to get converted to dependent EAD and continue work (without need to leave country) after her I-140 is approved.

I understand your constraint that you cannot recommend straight to go for it or not, but if you are in same situation, would you go for GC with 2 papers and with 3-4 recommendation letters…

Thanks again !

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  Anuj

Hi Anuj,

If your wife gets H1B (i.e., she starts working with an employer who sponsors her to get the visa), then you can switch to a dependent visa, H4, and, if her I-140 is approved, then you can apply for EAD. None of you will have to leave the country, if needed – you will get necessary status, but not the visa stamp in the passport in this case.

You are right, that I cannot recommend to go or not to go forward with a case, where I don’t have enough information. Even though I do not know personally successful cases with 2 papers, I know for sure that they exist. I can’t say exactly the percentage of such cases among approved ones, but let’s say 10% of them have 0-3 papers. There are many factors that play a role (such as national importance of the petitioner’s work), and some of them will override small number of papers. Please familiarize yourself with the information on our website and, in particular, with the free e-book.
http://www.greencardforphd.com/free-ebook

Anuj
Anuj
6 years ago

Your reply has certainly given me confidence that I have nothing to loose. One last clarification from your last response…

I can apply for H4 EAD only after she gets job ? Is it not after getting her I-140 approved through EB2-NIW category will allow to change my status to H4 EAD and continue work. Does she need to work as a condition. Also if she continue not working after I-140 approval, does it effect her GC processing.

Second, If above is possible, Do we need to exit US to change my status to H4 EAD.

Thanks for your patience. Appreciate your time.
Regards !

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  Anuj

Hi Anuj,

You can’t switch to H4, because you’re not your wife’s dependent. And you can’t be your wife’s dependent if she doesn’t have H1B. The way for you to switch to another status if your wife’s I-140 is approved is called “adjustment of status”, form I-485, and you will do this together. As a result, your status will be changed to either permanent resident or “I-485 pending”. You will be allowed to work in the process.

She doesn’t have to work after I-140 approval, however, she will have to start working after getting the actual green card, because it’s given to people, who plan to be employed in the U.S. You do not have to exit/reenter U.S. to change your status.

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