Green card for Postdocs / Phds

Question:

I am a postdoctoral fellow recently joined in a  Women hospital in H1B visa status. I have done my PhD from Indian Institute of Science, Bangalore, India in the field of Molecular Human Genetics. I have 2 first author papers in —— and 2 more in 2 other international Journals. I have also attended some 10 conferences where I have presented my work as poster and oral presentations. I was wondering whether I am eligible for a processing my green card now under national interest waiver program or any other category and how long does it takes to process the green card. If yes then can I do it myself?
Answer:

Self petitioning (no employer sponsorship is needed) is possible in EB1A or EB2-NIW. And you can apply on your own (by your self or using a lawyer) in these categories. From your short description, it is hard for to judge what is the best option for you. Also we do not provide legal advice. So we generally let you decide on whether you should apply and what is the best suited category. In general we have found that if a phd collects all the publications, awards, various efforts along his/her phd and during his/her work experience, they may collectively be sufficient evidence for a NIW or EB1A self-petition. We suggest you look at the USCIS criteria and some example petitions (from us or else where).

Question:
I am a PhD student at Arizona State University and I am looking to start a company on my own. Currently I am under F1 visa category, will I be able to raise my own company under this visa or do I need to get sponsored for H1B visa or green card.

Answer:

We are not lawyers and do not provide legal advice. So the opinion stated below should not be considered as such.

USCIS does not restrict starting a company on F1 or H1b or GC. However if you are a student, your opt or cpt  should be authorized appropriately so that you can work for the company you own. Appropriate work authorization is tricky in this situation.

Starting a company on H1b is also tricky. H1b is usually tied to one employer. If you already have a H1b, you can start and own a company but cannot work for it with the same H1b. You will need a second H1b to work for your company. Alternatively, you can own part of the company and the other partner (who has a GC or is a citizen) who works for the company can hire you by sponsoring a H1b.

Best of luck
Green card for phd team.