final year of h1b - university position

[chummaid]

Hi

I have been offered a faculty position at Vanderbilt. My final H1B year starts on May 1 2008 (next week). The international office at Vanderbilt says that I am not eligible to apply for the green card now because there is no way that the processing can be done by May 1 2009, and therefore I will have a problem maintaining status at that date. I have two questions:

a) I will be applying in the EB1 category. Is it true that even with premium processing, there is no chance that the green card process will go through by May 1 2009 if the process is started by September 2008 ?

b) What are my options if the green card does not come through by may 1 2009 ? Can I go on to O1 status ? Any other possibility ? The Vanderbilt office is suggesting J1, is that really a possibility ?

Thanks much !!!

Suresh

[txh1b]

a. What premium processing are you referring to? I140 premium processing does not exist anymore.

b. O1 is possible if you qualify for the exceptional ability requirements.

Also read this thread.

http://www.immihelp.com/forum/showthread.php?t=41218

[chummaid]

yes, thank you very much. as i kept reading, i also by now realized that i-140 premium processing has been suspended.

i am considering three options:

a) Apply for an O1 visa, like you suggest.

b) Apply for the green card under the EB2 category, where priority dates are not current for applicants from India. Then based on the advice here, (https://www.immihelp.com/h1-visa-ext...-years-in-usa/, I should be eligible to stay on even if I have not started the process one year prior to to my H1B expiration, as long as I obtain a I140 approval before the expiration date.

c) File concurrently for I140 and I485 under the EB1 category, and then use the EAD to continue working beyond the H1B expiration date. I am still not sure if this actually works. Is this practical ?

best, suresh

[txh1b]

In order of priority....

C A B.

C is the best possible option. Next one being A and it is not a problem if you have a PhD and have some publications etc to qualify for O1 especially in the academic sector.

B is not an option worth considering at all as I140s are taking longer these days and the possibility of that getting approved quickly is based on sheer luck.

One other option is if you already had an approved labor from ex-employer and it has not aged out from not applying for I140 within 6 months, that can be used to seek extensions.

Similarly, if you have an approved I140 from an ex-employer and your PD is not current, you can get a 3 year extension based on that pI140 even with a new employer.

[chummaid]

thank you so much !!

i am curious: which of these has higher chances of getting refused ? the eb1a or eb1b i-140 or the o-1 visa, since they are based on similar criteria ?

thanks again,

suresh

[txh1b]

It is too hard to say. It depends on your qualifications, publications in journals, tenure, position etc. Only an attorney can evaluate that. EB1a needs higher standards of achievement than 1b.

If you file for an Alien with extraordinary ability 1a, you petition yourself and hence are not tied with any employer. EB1a will require strong recommendations from good researchers for being succesful. EB1b needs employer support and needs 3 yrs experience.

I would suggest you to go with both i.e sponsor one on your own and other through your employer.

Put O1 aside for now as if the EB thing goes through, you would probably have a GC by 1 year as the dates are current.

[chummaid]

thanks SO much !!

suresh