Green card for Postdocs / Phds

Question:

I am a Master’s(from US) graduate with active H1-B… My work is IT and I completed my Master’s in Electrical Engineering. Am I eligible to apply on EB2 category for my GC since I hold a Master’s degree or will I not qualify for EB2 cos my field of work is different than my study. Please let me know and thsi will be very helpful for me. Lot of people are confusing and your site seems to help just with the most accurate information. Thanks and appreciate your help !

Answer:

If you are referring to the general EB2 category, your employer usually decides which is an appropriate category based on your job offer letter and your qualifications.

Are you referring to self-sponsored category EB2 NIW? If your work is strongly in the US national interest then you may consider for NIW. While USCIS has not set specific criteria for this category, the following are considered as national interest situations: improvements to US economy, improvements to wages and working conditions of US workers, improvements to education and training programs for U.S. children and under-qualified workers or health care, improvements to the environment of the U.S, or a request from an interested U.S. government agency.

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:

I have a question regarding EB1a. My husband has a PhD, and can easily fulfill at least 3 out of 10 criteria. He recently got a job offer. He will join the co. with an OPT and the company will eventually file for H1B. When is the ideal time to file for his EB1a or NIW? Can he file for EB1a right away even before the H1B is filed? As his spouse, will I automatically get my green card? I also hold a PhD and can fulfill EB1a criteria but I am currently not employed. Is it best that we file together or separately.

Thanks for your response.

Answer:

He can file for his I-140 at any time. If he plans to self petition, he does not need any sponsorship and his petition is not tied to the company in any way. When he applies for adjustment of status (I-485, which is filed concurrently or separately depending on the priority dates and his nationality), you are also eligible to apply for an adjustment of status based on his i-140 petition. So both of you can get green cards after 485 approvals.

As mentioned earlier, you do not need an employment sponsorship. If you wish you can file separately. The advantage of  this is, if either one of your petitions gets approved, both of you can apply for change of status using the approval.

Sincerely

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:

J1 status holder can apply for EB1 and/or NIW? Please can you give me deatil information about.

Answer:

Yes you can self-petition your i-140 in EB1A or EB2 NIW. You can find more information in the free ebook

However, before you apply for change of status (i-485), you should have obtained a wavier or have satisfied your home country requirements related to J1 visa.

Best of luck

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.