Current situation of EB2 NIW

[SCSVEL]

Hello all,

My wife is working as PostDoc in Immunology & MicroBiology in a university in Newyork, and we are planning to apply Green Card via EB2 NIW method as one of the lawyer we discussed said that she is not eligible for EB1 as of now because she doesn't have any peer reviews to her credentials. So, we are planning to apply with NIW option. We are from India and it's been nearly a year after she came here for working.

The lawyer told us that It would take 3-6 months to get I-140 approved, and then only we can file I-485 for her. Also, the lawyer said that it would take up to 4 years to the priority date, and we can file only after that. But I see lot of people got the green card too fast with EB2 NIW and I would like to get some clear thoughts on this from the experts here. Appreciate your help.
Thanks.

[scientist2016]

Hello all,

My wife is working as PostDoc in Immunology & MicroBiology in a university in Newyork, and we are planning to apply Green Card via EB2 NIW method as one of the lawyer we discussed said that she is not eligible for EB1 as of now because she doesn't have any peer reviews to her credentials. So, we are planning to apply with NIW option. We are from India and it's been nearly a year after she came here for working.

The lawyer told us that It would take 3-6 months to get I-140 approved, and then only we can file I-485 for her. Also, the lawyer said that it would take up to 4 years to the priority date, and we can file only after that. But I see lot of people got the green card too fast with EB2 NIW and I would like to get some clear thoughts on this from the experts here. Appreciate your help.
Thanks.

The lawyer is wrong. The wait time is way more than 4 yrs. It does not matter how you get your PD be it NIW or normal path. EB2 is EB2. So the current wait times for India in EB2 are ~8-10 yrs. So, you can apply for AOS only after that time. Rest of the world does not have so long a wait time. Hence, they get GCs fast. For that matter it is the same case with regular EB2 too.

The only advantage of EB2 NIW compared to EB2/EB3 for Indians is: You would not need an employer (and need not go through the PERM process), and can file I140 on your own. Barring any other choice, I would recommend filing EB2 NIW so as to get a priority date. During the wait time, if your wife builds up a strong enough case for EB1A or get s the university to file EB1B, you can always go that route. A person can have any number of GC I140/I130 petitions filed in his/her name.

[SCSVEL]

Thanks.

[Padsup]

The lawyer is wrong. The wait time is way more than 4 yrs. It does not matter how you get your PD be it NIW or normal path. EB2 is EB2. So the current wait times for India in EB2 are ~8-10 yrs. So, you can apply for AOS only after that time. Rest of the world does not have so long a wait time. Hence, they get GCs fast. For that matter it is the same case with regular EB2 too.

The only advantage of EB2 NIW compared to EB2/EB3 for Indians is: You would not need an employer (and need not go through the PERM process), and can file I140 on your own. Barring any other choice, I would recommend filing EB2 NIW so as to get a priority date. During the wait time, if your wife builds up a strong enough case for EB1A or get s the university to file EB1B, you can always go that route. A person can have any number of GC I140/I130 petitions filed in his/her name.

Dear Sr. Member,

Is it possible that another advantage for NIW EB2 is that because it is a self petition the applicant can leave the country and wait for PD to be current and choose CP rather than AOS even after 10 years. Alternatively the 1-140 approved applicant (although can do the same) will have to have a job in hand (offered by the I 140 petitioning employer) at the time of CP. That after 10 years is practically not possible. Look forward to your reply on this.

Thanks

[scientist2016]

Dear Sr. Member,

Is it possible that another advantage for NIW EB2 is that because it is a self petition the applicant can leave the country and wait for PD to be current and choose CP rather than AOS even after 10 years. Alternatively the 1-140 approved applicant (although can do the same) will have to have a job in hand (offered by the I 140 petitioning employer) at the time of CP. That after 10 years is practically not possible. Look forward to your reply on this.

Thanks

Yes, you do not need an employer for EB2 NIW, so that is an advantage. However, the effort involved in building a case justifying NIW is not trivial. BTW you do not need the same employer who filed the I140 for you now to be able to sponsor you when your PD becomes current. It can be another employer, as long as the job profile is similar. It is called porting your PD and is allowed under AC21.

[Padsup]

Yes, you do not need an employer for EB2 NIW, so that is an advantage. However, the effort involved in building a case justifying NIW is not trivial. BTW you do not need the same employer who filed the I140 for you now to be able to sponsor you when your PD becomes current. It can be another employer, as long as the job profile is similar. It is called porting your PD and is allowed under AC21.

Thanks for the reply! Questions regarding Physician NIW. I am Indian born with Canadian citizenship currently doing J1 waiver with approvedI 140 and NIW.

1. I finish 5 years requirement in an under serviced area (within 6 years of approved I 140) and then leave America and wait for PD to be current. Can I go for CP after 10+years when PD is current. If Yes, can I travel to the US in the interim? Is there any letter that USCIS gives stating that 5 year NIW requirement is complete?

2. I have an approved I 140 but I do not complete full 5 years and leave America (after 3 years of completing J1 waiver). Will NIW still remain valid? I guess not cause requirement is to complete 5 years within 6 years post I 140 approval.

3. What if I change jobs in the US and I am no longer working in an under serviced i.e after 3 years J1 waiver requirement. New employer applies for my GC via EB2 wth labour department approval. Will the original I 140 PD that I got with NIW application still stand? Can I go back and complete remaining 2 years of NIW at a later date?

Basically I am looking at options to wait out the years before PD becomes current while working outside the US. And return when I can apply for GC.

Look forward to your opinion.

Thanks

[Marble]

Thanks for the reply! Questions regarding Physician NIW. I am Indian born with Canadian citizenship currently doing J1 waiver with approvedI 140 and NIW.

1. I finish 5 years requirement in an under serviced area (within 6 years of approved I 140) and then leave America and wait for PD to be current. Can I go for CP after 10+years when PD is current. If Yes, can I travel to the US in the interim? Is there any letter that USCIS gives stating that 5 year NIW requirement is complete?

2. I have an approved I 140 but I do not complete full 5 years and leave America (after 3 years of completing J1 waiver). Will NIW still remain valid? I guess not cause requirement is to complete 5 years within 6 years post I 140 approval.

3. What if I change jobs in the US and I am no longer working in an under serviced i.e after 3 years J1 waiver requirement. New employer applies for my GC via EB2 wth labour department approval. Will the original I 140 PD that I got with NIW application still stand? Can I go back and complete remaining 2 years of NIW at a later date?

Basically I am looking at options to wait out the years before PD becomes current while working outside the US. And return when I can apply for GC.

Look forward to your opinion.

Thanks

What are you talking about?? You are a CANADIAN national! That means your PD is current for EB2-NIW. You literally state this fact first and then you go on an on about options that are only relevant to INDIANS. You are (unless you're trolling) a CANADIAN. So your PD is current!

[scientist2016]

What are you talking about?? You are a CANADIAN national! That means your PD is current for EB2-NIW. You literally state this fact first and then you go on an on about options that are only relevant to INDIANS. You are (unless you're trolling) a CANADIAN. So your PD is current!

Current citizenship/nationality does not matter. The country of birth is usually the one considered for chargeability, and hence Padsup's question. Being a Canadian now does not make his PD current.

[Padsup]

What are you talking about?? You are a CANADIAN national! That means your PD is current for EB2-NIW. You literally state this fact first and then you go on an on about options that are only relevant to INDIANS. You are (unless you're trolling) a CANADIAN. So your PD is current!

Please go easy! I am Indian born with Indian parents so I am in line with Indians. Canadian citizenship does not matter. Would really appreciate a reply at least to the main question. After I finish my NIW requirement of 5 years, can I leave the U.S and go to India and wait for PD to be current? After ~10 years go for Counsellor Processing when PD current.

Thanks

[scientist2016]

Please go easy! I am Indian born with Indian parents so I am in line with Indians. Canadian citizenship does not matter. Would really appreciate a reply at least to the main question. After I finish my NIW requirement of 5 years, can I leave the U.S and go to India and wait for PD to be current? After ~10 years go for Counsellor Processing when PD current.

Thanks

Yes you can.

[sunil9765]

Thanks for the reply! Questions regarding Physician NIW. I am Indian born with Canadian citizenship currently doing J1 waiver with approvedI 140 and NIW.

1. I finish 5 years requirement in an under serviced area (within 6 years of approved I 140) and then leave America and wait for PD to be current. Can I go for CP after 10+years when PD is current. If Yes, can I travel to the US in the interim? Is there any letter that USCIS gives stating that 5 year NIW requirement is complete?

2. I have an approved I 140 but I do not complete full 5 years and leave America (after 3 years of completing J1 waiver). Will NIW still remain valid? I guess not cause requirement is to complete 5 years within 6 years post I 140 approval.

3. What if I change jobs in the US and I am no longer working in an under serviced i.e after 3 years J1 waiver requirement. New employer applies for my GC via EB2 wth labour department approval. Will the original I 140 PD that I got with NIW application still stand? Can I go back and complete remaining 2 years of NIW at a later date?

Basically I am looking at options to wait out the years before PD becomes current while working outside the US. And return when I can apply for GC.

Look forward to your opinion.

Thanks

For question 1: USCIS gives instructions for further filing details once your Physician NIW is approved.. You have specific requirements that you have to file with USCIS at 2 and half years of service and after 5 years of service

For question2: Nope, if you do not complete 5 years of service per the 140 requirements, your 140 is null and void.. I heard there is no longer a time limit for the time you complete serivce but that you just have to do 5 years. Please check with an immigration attorney that specializes in PNIW cases

For question 3: Yes and no for the PD/ Again consult an immigration attorney on this one. Depends on how USCIS treats your case.. They might agree to port the date or might not. However, if the location looses the designation before your 5 years of service and then you move to another non service area,, USCIS still accepts your total service as 5 yrs because the location lost the designation and you continued to work there. Again,, you can complete the service anytime you want per new regs.. but check with your lawyer..

If you are from India and still haven't applied for 140,, you are out of luck unless regulation change by an act of congress because if you leave you will never get your GC as by current trends it will take 50 - 70 yrs for EB2 India to be current... However, you don't need an employer to file for EB2 again if you successfully complete 5 yrs of service..