July 25, 2010 at 9:45 am | FAQ
- Posted by admin |
Question:
I am a certified high school math teacher, working in a public school in USA for the past eight years. I have a Bachelors’ in Education and a Master degree in Mathematics. My school has been sponsoring for H1-B for the past eight years but refused to sponsor for green card. So I took a part time job in an IT Company which is sponsoring for green card(category EB-3). Recently, I learned that, my green card process via this IT company might take several years. I friend of mine suggested me to enroll in PhD program related my profession and my school needs.( I work in an inner city public school).
My question is, would this route (PhD) entitle me to apply in EB-2 NIW category. I am tired and frustrated with the amount of time and expenses, I am enduring in this processes.
I would like you to suggest the right process I can proceed.
Thank you in advance
Answer:
There are two categories that allow self-petitioning, EB2-NIW and EB1A. None of these require phd as a requirement, at least at this time (there is a bill in congress aimed at green card for phd). However, a phd has a better chance in these categories because the various tasks that are performed during the phd process generally add up as evidence towards uscis criteria for a i-140 petition. This is provided phd topic is well planned. We suggest you familiarize uscis criteria and look at
some example petitions to understand what is usually involved in the process.
How long it takes for a green card depends on the country of origin and the current processing dates published in”visa bulletin”. You can look at the current bullietin to understand where the category of your interest and the country of your origin stands. For example for someone from UK applying in either eb1a or eb2-niw, they would get a green card with in a year. For someone from china/india applying in eb2-niw it is likely to take 5 yrs. These are just estimate. In the past, such wait times have sped up also.
I guess with the information above you will be able to make a decision. The self petitioning process is explained in a free ebook on our
web page.
Sincerely
Green card for Phd Team
Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.
July 3, 2010 at 9:40 am | FAQ
- Posted by admin |
Question:
I am a 4th year PhD student in Computer Science at a top-ranked university. I was wondering whether I should apply for a Green Card while I am still a student. I have several concerns:
1) If my GC application gets rejected, will that cause problems later on for H1B applications? If it wont affect later H1B applications, do you think I should just take a chance since it doesnt cost a lot for self-petition?
Answer:
Generally the out come of i-140 decision does not affect H1B negatively.
We suggest applicants to study their background, uscis criteria for the category they are interested in and also look at some
example petitions before they decide to apply. For the 140 application, you have to spend a few hundred dollars and your effort in preparation.
Question:
2) I have 6+ publications in internationally significant conferences, and I am a reviewer on several important conferences in the field. I do not have any awards yet, nor can I get more than 3-4 references. Will that make my case, or should I try to wait till I have enough collaborators to get the references from?
see answer to 3
3) I have worked in the past on DARPA and NSF projects of national signficance, will that make a stronger case?
Answer:
Publications, reviewership, work on projects of national significance count towards satisfying uscis criteria. But it is hard to judge based on this information alone. What you really present to the examiner is “a story” that encompasses various criteria and how they are all tied together to the national interest (NIW) or extraordinary ability (EB1A). If all of these are linked and well presented, they can make a very strong case. We suggest you review some
example petitions, uscis criteria and build your case from there.
Question:
4) If my I-40 is approved while I am still studying, I could apply for the change of status. While the change of status is being processed, will I no longer be an F1 and will I be entitled to additional sources of income (e.g. from a startup that I am planning?). Or can applications also get rejected at the “Change of status” phase?
Answer:
We are aware of F1 students apply for change of status before. However, there may be issues here we are not aware of. For example we do not know if you can renew your F1 while your i-140 is still in process. However once you apply for change of status (after 140 is approved and your priority date is current), you are eligible for an advance parole (which allows you to travel out side the country) and an ead (which allows you to work for any employer or on your own and get paid). Change of status applications normally do not get rejected. If they get rejected, that would generally be for violating immigration rules (eg. leaving the country without a proper adjustment of status approval, illegal behaviors, involvement in crimes etc) or not satisfying DOS requirements.
Sincerely
Green card for Phd Team
Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.
June 30, 2010 at 9:35 am | FAQ
- Posted by admin |
Question:
I am on H1 B with I 140 approved.
My H1 B extensions are based on 1 140 approval.
My wife is on H4 and she is a Phd graduate with Microbiology. My priority date is 2006 (EB3). I haven’t applied for 485.
Can my wife apply for GC with her PHD degree?
I appreciate your help.
Answer:
Sincerely
Green card for Phd Team
Disclaimer:
The contents in this web site are only for your information and are not intended to be legal advice.