I was in the US since 2011 for 1 year with J1 visa (2 year does apply). In 2012, I changed my status to F1 (came back to my country and re-enter US with new visa). I understand that I'll be still subject for this 212(e) - 2 year requirement. I've been in US till now.
Now, I am on my way to get my PhD degree in Science. I intend to apply to Green Card under EB-2. I understand that in able to apply to Green Card, I need to apply i-140 and i-485.
My question is: Can I apply for i-140 before I finish my PhD and then come back to my home country for 2 years (for satisfying the 2-year requirement since I don't think i am able to get a waiver.). And after that 2 years then I apply for i-485 from my country, and then apply for PR? Am I able to do that?
BR!I do not have employer now since I am subjected to 2 year rule requirement.
Yes, if you do that you would be applying for an immigrant visa at the consulate, Your future employer's attorney will have to manage some crucial timing issues however for this plan to work successfully
I have two (2) questions for you:
1. Why would you want to apply for an EB-2 "National Interest Waiver" ("NIW") self-petition (do you truly comprehend how hard it is to qualify for it, let alone have it approved by USCIS?) before having at the very least first obtained your PhD?
2. Do NYSDOT and the Kazarian acid test mean anything to you?
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If your employer is filing the I140 using the perm process this is a good plan. If you are planning to use the national interest waiver process you may want to reconsider and wait for your PhD.yes you may complete the process outside United States through consular processing. This is somewhat different than the adjustment of status i485 process. speak with your employers immigration attorney before proceeding. If you are doing a process as a self petition recommend you retain an immigration attorney.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
If you are planning on applying under the EB-2 category and you do not have an employer who is petitioning on your behalf, you will need a national interest waiver in order to have the employment requirement waived. Putting that aside and assuming you otherwise qualify, you can certainly file the visa petition at any time but not consular process until you satisfy the two you requirement. Note, however, this is not adjusting status and the I_485 is irrelevant.
If you are finishing your PhD you are obviously bright. Do yourself a favor and consult with an experienced immigration attorney who can review your case in detail and recommend how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
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