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  • EB2 or EB1

    General Field : Cancer Research
    Current position : Researcher V
    Country of origin : India
    Current state of residence : Alabama

    I came to USA in 2005, I have done MS in Biological Science from USA. I am working as a Cancer Researcher at University since January 2010. Currently on a H1 visa (non profit), valid from October, 2015. I do not have any publications, articles, awards under my name. Few publication as a second author are under process.

    My university is ready to apply for Green Card under EB2 Advance Degree Professional, which may take 9 years. I am planning to apply for a green card through self petition under EB2 NIW.

    Please advice
    1. Should I apply for green card under self petition or wait for university to apply
    2. Am I eligible for EB2 NIW or EB1 Outstanding professor/researcher
    3. To be eligible what all things do I need to prove
    4. How much time for I-140 to be approved.
    5. What is the waiting time and cost for EB2 NIW and EB1 OP
    6. If my I140 is approved what would happen to my H1B visa. What status am in. Can I start working in an industry
    Last edited by madhavid; 06-26-2017, 03:46 PM.

  • #2
    1) Strongly recommend you to wait for the university to file.
    2) Weak case for both the options. Also, I do not understand why you would want to go the NIW route. Given that you are from India, NIW route still means you will have to wait 9-10 yrs. for your green card. The only advantage is no employer needed, but your university is ready to apply, so NIW makes little sense in your case.
    3) You can find the detailed list on the USCIS website. From the info. you provided, your case is weak.
    4) Depends; Premium filing would get an answer in 2 weeks from the day of filing the I140 barring any RFEs. Typically universities go the premium route. But I140 is not your problem, the wait time is in the I485 stage for Indians; Typical wait time is 8-10 yrs.
    5) See above for EB2 wait times; EB1 usually is current, but right now is retrogressed for India; expected to become current in Oct, but will retrogress again probably sometime next yr. Cost is the same for both the routes: ~2200$ excluding lawyer fee (but you do not necessarily need a lawyer)
    6) H1 and I140 have no relation at all. I140 approval does not confer any status. If you were in H1, you can continue to be in H1. I140 approval merely gives you the ability to extend H1 beyond the 6 yr. limit and wait until you get your GC. Working in the industry is tricky. Typically if you already have a H1 and have been counted under the cap, you can transfer the H1 and keep extending it until you get your GC. Since your H1 is cap exempt it cannot be transferred to an industrial position. However if you go through the cap process and get a H1, an approved I140 gives you the ability to extend it beyond 6 yrs.
    Just an opinion; Not legal advice.

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    • #3
      Since my university is ready to apply for Green Card under EB2 Advance Degree Professional, do you suggest if I should go forward with the processing or wait till the credentials have improved as we are in the process of submitting my first publication one this month and there would be a second one coming up immediately after that hopefully by september.

      When my application for GC is under process can I change job from university to industry

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      • #4
        If you already meet the statutory requirements for EB-2 (Masters degree or 5yrs progressive experience), and your employer has already obtained labor certification, what do you have to lose by applying now?

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        • #5
          Originally posted by madhavid View Post
          Since my university is ready to apply for Green Card under EB2 Advance Degree Professional, do you suggest if I should go forward with the processing or wait till the credentials have improved as we are in the process of submitting my first publication one this month and there would be a second one coming up immediately after that hopefully by september.

          When my application for GC is under process can I change job from university to industry
          Go forward with your university's EB2. You can have multiple GC petitions being processed at the same time. So if in the future you think you can get a GC under EB1A, you can always apply under that category again at that time. Your current job has got nothing to with your I140 (GC petition). I140 is for future employment. Hence, if you have a valid H1 (remember you cannot transfer your current H1, which is cap exempt, as most University H1s are, to a company/for profit organization), you can always change jobs, and that will have no effect on your I140 as long as the university does not revoke it.
          Just an opinion; Not legal advice.

          Comment

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