Doubts on GC Processing

[Nitya]

Hi ALL,
I have completed my MSc Microbiology in India. I came here as an F1 graduate student, I have been in USA since 2001 Jan. I completed my Masters in Biology (2001-04). Later in summer of 2005 I started a new program Phd at the second University. I am currently doing my Phd in Biochemistry Molecular Biology (close to completing my Phd and got a job offer in a reputed university as a Post Doctoral researcher, thus far have 2 publications one as a co-author and the as the prime author) I was married in 2009 Aug, we went back to India and both reentered USA with my F1 , ( my husband F4 dependent). Before we got married my husband had a short project (H1-2008) that lasted for 9 months in USA and Canada. I have plans to join a research institute for a Post-Doctoral position, as soon as I complete my Phd . I have maintained a legal F1 status since 2001. I have been on a Graduate scholarship all these yrs.
When ever I start my job I plan to file for H1 along side I plan to apply for Green Card. So my questions are….
1. When is a good time to apply for a Green Card and how?
2. Do I need to apply for my husband also along with me?
3. how long it will take for GC process?
4. Under which category(EB1, EB2 etc….) my profile is eligible???



Thanks and looking forward for your replies….

Nitya

[sur_pa]

Hi ALL,
I have completed my MSc Microbiology in India. I came here as an F1 graduate student, I have been in USA since 2001 Jan. I completed my Masters in Biology (2001-04). Later in summer of 2005 I started a new program Phd at the second University. I am currently doing my Phd in Biochemistry Molecular Biology (close to completing my Phd and got a job offer in a reputed university as a Post Doctoral researcher, thus far have 2 publications one as a co-author and the as the prime author) I was married in 2009 Aug, we went back to India and both reentered USA with my F1 , ( my husband F4 dependent). Before we got married my husband had a short project (H1-2008) that lasted for 9 months in USA and Canada. I have plans to join a research institute for a Post-Doctoral position, as soon as I complete my Phd . I have maintained a legal F1 status since 2001. I have been on a Graduate scholarship all these yrs.
When ever I start my job I plan to file for H1 along side I plan to apply for Green Card. So my questions are….
1. When is a good time to apply for a Green Card and how?
2. Do I need to apply for my husband also along with me?
3. how long it will take for GC process?
4. Under which category(EB1, EB2 etc….) my profile is eligible???



Thanks and looking forward for your replies….

Nitya

you have very weak chances of green card at this time. With your credentials, only an employer can sponsor you a green card. Basically, post-doc is not a job and employer (in your case, it is a University which has to sponsor).....

I would recommend you to stay along with your post-doc job and after about 2-3 years, if your status change (if you become an assistant professor) you can try green card. Your husband will not be able to work I believe he is on F2. He will be on H4 if you go on H1 during your post-doc. Again he can not work in US. Better get in to J1 which is good for 5 years and your husband can work on J2 with EAD renewable every year. Thereafter, get a waiver (from your home country, if they have visa waiver programs) and convert to H1, by then, your husband will also have established his contacts and can get independnent h1...................

[andi1975]

response to your query

Your chances in EB-1A seem to be very low based on the details you have provided. You may want to apply in EB-2.

sur_pa: A postdoc IS a job in which you are undergoing academic training beyond your PhD.

I was a postdoc at the Massachusetts Institute of Technology (MIT) for 3+ years after my PhD. As soon as I became an Assistant Professor last year, I applied for permanent residency in the EB-1A category. It (my I-140) was approved in less than 36 hours. But of course, I had my work featured in the local news, Yahoo News, and on CNN, so the international acclaim helped me. Other than that, I had independent experts from all over the world (Germany, Switzerland, Spain, US etc.), in academia, industry, and from the Federal Government supporting my petition through letters. So unless you can show that your research has been recognized and you have risen to the very top of your field, my suggestion would be for you go for EB-2.