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Am I eligible to apply under EB2 NIW for Green Card?

Published Sep 16,2018 By Dr. Challa Venu Gopal Reddy

Hi Team,

I am very happy to see this blog for Ph.D holders. I am a Ph.D holder from Indian University,I have been working in a software company  in Oracle Financials platform in USA on H1B Visa. I have been with this employer since 12 years. last year I had moved to USA on H1B visa. My current employer is ready to file me Green Card process. I would like to utilize my Ph.D degree to get advantage under EB2 NIW. I did my Ph.D under Commerce department and published publications in various mazines, but not related to IT. Even I did not submit my Ph.D details for H1B petition.

What are the chances to get approval, If I apply under EB2 NIW, when I am not in relevant employment of my research category. Please study my case and suggest me.

Please send your suggestions.

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Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago

Hi Challa,

Thank you for the kind words. I will assume that you were born in India (let me know if it’s incorrect!). There is currently a backlog in issuing EB2-NIW for Indian nationals. Current priority date for October is 22MAY09 (see “DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS” section by the link below). This means that only those who filed I-140 before that date and got approved, are eligible to file I-485 (adjustment of status) at the moment. As you see, the waiting time is about 9 years and it is not expected to get better in the near future, so this category is virtually unavailable for you. This leaves EB1A as the only viable option for Indian citizens wishing to file for the green card without a sponsor.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-october-2018.html

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