Green card for Postdocs / Phds

Question:

I am currently pursuing master in computer science and I will be graduating in December. I have few questions regarding green card which I can apply after PhD degree.

Question 1 . Is there any green card criteria that I have to do PhD from any specific university or can I do PhD from any university?

Question 2.  When can I apply for green card? Do I need to apply after I complete my PhD degree or can I apply while I am doing my PhD degree?

I would appreciate any of your help

Answer:

We suggest you read the following related post for more details. Your questions are answered below.

1. No. You can have PhD from any University. We like to make it clear that there is no USCIS criteria that requires a Phd for a green card. However, most Phds or postdoc (sometimes Phd students also) tend to satisfy the USCIS requirements of EB1A (extraordinary ability under employment based category 1)  or EB2-NIW (national interest wavier under employment based category 2). This makes them eligible to self-petition for a green card without the need for an employer.
2. There is no hard and fast rule as to when you can apply. The answer is whenever you think that you have a strong case to support an EB1A or EB2-NIW case. USCIS has a set of criteria for permanent residency petition in each of the employment based application categories. You can find these criteria else where on the website.

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.

Question: Can I file multiple I-140’s at the same time? How can I file a I-485 in this case?

Answer:

USCIS does not have any restriction on the number of i-140 applications you file either independently (self-petition) or through an employer. In fact one could file multiple i-140 petitions simultaneously. For example you could self-petition in EB1A and EB2-NIW at the same time or self-petition in EB1A and have an employer file another EB2 petition. However, each of the application should be complete in itself and should be filed independently of the other. If you are also planning on filing a I-485, it is possible to file one I-485 with one of the I-140 applications. In case if this 140 application is rejected or the other one is approved earlier, it is possible to transfer the I-485 to the approved 140.

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.

Question: In case if my self petition rejected, is it possible to go through employer?

Answer:

USCIS does not have any restriction on the number of i-140 applications you file either independently (self-petition) or through an employer. In fact one could file multiple i-140 petitions simultaneously. We recently had one applicant file two i-140s (one in EB1A and one in EB2-NIW) and his EB2-NIW got approved. One can always file a new petition (again via an employer or independently) if a old one is rejected.

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.