Hi all,

I am a PhD graduate from a good university and my field is related to natural resources. I am currently on OPT and working as a postdoc, but the current appointment is short-term. I can't change to H1B from my current work. I applied to several places but doesn't seem like I will get any response (at least none so far). I have few journal publications (some are cited several times), several conference proceedings and extension publications. I have also secured several small grants. So, I am seriously considering for EB2 NIW.

I talked to an immigration lawyer and seems like I can make a case. I know few individuals who successfully made their case, but they had H1B. I am looking for individuals who can share their EB2 NIW experience while on OPT. I did some research but could not find information on NIW cases while on OPT. I know the risks of applying while on OPT. I am NOT looking for suggestions but I would be grateful if you could share your EB2 NIW experience WHILE ON OPT if there is anyone.

Thanks in advance.

I don't know what is EB2 NIW. But I have seen people going through EB2 Masters while in OPT even without applying H1B from the work. I hope this will help.

Thanks for the info Dautari. EB2 NIW is a category to apply for PR under which you can do self petition. You don't need to have a job in order to apply in this category but you should be able to show that whatever have done/you do is in the interest of US.

Dautari, do you know if they were successful? Anyone out there who has this experience?

I am pretty much in same condition as you. I was convinced that outcome  of NIW application does not depend on what is your current visa status (either F1 or H1).  It all depends on how strong is your case for NIW. Therefore, I decided to apply when I am in F1-OPT. Hope I will be able to submit the petition within this week. 

bengal tiger,

My understanding is if you file I-140/I-485  anytime/any status, it basically ends the possibility of getting non-immigrant visa for USA in future. 

Raju Lama,

Nepal 1234,

Nepal1234 and Rajulama,

Thanks for your posts. I consulted with a lawyer and he also told me that the visa type does not make a difference. I did some research, and here is what I found

1. It looks like individuals with H1B have higher chances as it is a dual intent visa while OPT (F1) is not.
2. It is not a good idea to file application without a lawyer (Keep this in mind)
3. If rejected individuals in H1B can continue, but for us (OPT holders) we can only stay in US until our OPT period (if you can't get a job and change to H1B). Once we are out of US, it will be difficult to come back to US.

Point 3 is what scares me. I am pretty sure you guys remember the question "Did you apply for permanent residency? (may not be the exact wording)" in the visa application.

Nepal1234, every individual's case is unique under this category. So I suggest you to consult with a lawyer. The lawyer I consulted with told me that citations can definitely help but having citations does not guarantee a success. You will have to make your case with the recommendation letters. But someone told me that you can build a strong case if have secured Federal grant or working in a project with a Federal funding.

Hope this helps.  I am pretty sure there are other individuals out there who are in the
same situation like us. It will be a great help to all of us if individuals with a first hand experience can post something here.

Thanks

Hey Bengal Tiger,

Bengaltiger

i think there is only one category for niw and that is eb2-niw

I have heard of cases where Nepalis are getting approved within 2-3 months for EB2-NIW cases. So, apply quick before USCIS goes back to its normal working schedule, which is 2-3 years for the approval.

Sorry for the confusion about grants. Rajulama is right and that's what I wanted to say. You should be one of the individuals (as PI or Co-PI) who received the grant.

Gohtalo is also right. One should not try EB2 NIW without research papers and strong recommendation letters. In my case I consulted the lawyer and explained him about my research and its merits. He reviewed my CV and asked me to get strong recommendation letters to prove my point. That is why I am willing to give a try, otherwise I wouldn't take the risk.

Buzz is also right. I know few individuals who had about 5-8 papers but had lots of citations. Their PR was approved within 3-4 months, but all them had H1B. That is why I started this thread to see if there is anyone who had OPT and successfully made their case.

So, if there is anyone out there who successfully made their case while on OPT, it will be a big encouragement to all of us.

I just wanted to bring this thread up with some updates. I finally submitted my I-140NIW last week. My H1B non-profit was pending since long, so I decided to file I-140NIW while I was on F1OPT status. Interestingly I received my H1b approved notice after I submitted my I-140. I do not know what will be the outcome. Lets see what will be the result of this gambling.

Thanks for the update Rajulama. I am pretty sure there are lots of people who have taken this route, but nobody has updated the thread yet. I had actually given up on this thread, but you came back again.

I have made up my mind to give NIW a try before its too late. I have started collecting recommendations and I got the first one yesterday. My target is to apply in the first week of June. I will keep you updated on my progress (if you want) as it moves forward. I would be interested to know your outcome. Keep me posted on your progress. You can send me an email if you want.

I wish you guys all the best. just my two cents here: I wonder if they even look things in such details. From what i have heard, i think the immigration officers have about 30 mins for a case.that does not mean you don't do your homework , definitely do your homework but at sometimes you have to step it up.  most of the time it's up to your luck. here's the deal, if you don't take chances, you will never succeed in this country. i think thats one of the reasons why uneducated people get green cards while educated people keep evaluating and in their try to come up with a bulletproof route to get green card years pass by. sometimes you just have to leave things on luck. 

I applied EB2-NIW in first week of November, 2009 through lawyer got RFE notice around 3rd week of February, 2010. Again resubmitted RFE documents but got denied notice just in about a week. Denial letter says I can appeal it in 30 days... but I gave up!!!

Let me explain briefly about my credentials sothat you guys would have some idea about the strength of your case

1) 6 published papers (all second author)

2) 14 conference proceedings (1 first author rest 2nd)

3) Working in NIH funded projects in H1B status

4) # of citations 12

If you have further questions let me know!

Good luck you all who is trying for EB2-NIW

 

Hi Birkhe,

Hi,

Best wishes to all of you who have applied or considering to apply for EB2-NIW.

Let me tell my story. I applied for EB2-NIW in Sept. 2007 while I was still in F1 as PhD student through a reputed lawyer. I got RFE notice around 1st week of Dec, 2009. Again resubmitted RFE documents but got denial notice just in about 2 weeks.

Ok, about my credentials

1) 6 published papers in referred journals (2 first and other second auhor)

2) 10 conference proceedings (7 first author rest 2nd)

3) Got some reputed awards from scientific societies in my field

4) # of citations 2 (the paper was published just few months ago so citations was low)

5) 7 Recommendation letters, 2 of those from scientists from National Labs

The main reason of denial was the low number of citations. So from my experience, if you have good journal publications like in Science and Nature and have good number of citations to demonstrate the importance of your work then the chances are high, otherwise, it depends on your luck !

Now I am in H1B and planning to try again after few months. I will keep updated.

Thanks