EB1 or NIW - (when EB1 is retrogressed - Which is fastest route ?)


Registered Users (C)
Hi there,

GENERAL QUESTOIN: What is the best/fastest route to apply -i140 (and then 485) and get the Perm Residency ? My Tentative date of sending a petition is September OR October, 2018 (i-140 petition to be applied for in tentatively Sept. 2018.)

I have below qualifications.

I have completed:
PhD (from reputed US university)
MS (from US University)
BE (from India)

• 2 Peer-Reviewed Journal Papers,
• 2 Book Chapters,
• 7 Conference Proceedings,
• 4 Technical Articles,
• 17 Technical Presentations and,
• 7 Poster Presentations at learned societies.
• Reviewer of a peer reviewed Journal
• Reviewer of Industry Competition Challenge
• Judge of Undergraduate Conference (poster competitions)
• One best paper award (in its category) in an international conference.
• Total Research Experience is 9.5 years (including 4 years of PhD)
• Total Corporate Experience is 5.5 years (including some research - but mainly in Data Science)
• Documentary on me that includes personal experience in US and how i contributed to the country through my research (in one of the major News Channels - front page)
• Several news articles in major Press (Associated Press, and ACS press pac) highlighting the research lab i worked for. (some news articles in Industry magazines mentioning my name as well).
• I was working on a DoD project which is in interest of US as a Nation (to protect soldiers and civilians) up until year 2012.

Then i moved on to a cross-functional field, which still utilizes some of my PhD & post-doc research skills

I currently work in field of Data Science and Artificial Intelligence (I use my PhD and post-doc skills in this area, but have not published in Data Science or Artificial intelligence area recently).

I had an EB2 (i-140 approved), regular employment based petition in Oct 2015 (that is priority date), through previous IT consulting employer but they have revoked it (without any bias).

they revoked it since, I had transferred my H1B to a major Multinational company and currently on Approved H1.

As of today's date, July 24th, 2018 ... (it seems EB1 category is retrogressed for All countries as per August 2018).

1) Should i apply for i-140 via EB1-B, Cateogry as Outstanding Researcher (through employer) ? Hoping that EB1 for India becomes current in Oct 2018? (P.S. I am waiting for my company's attorney to review the case for this)
2) Should i apply for a self-petition EB1 ?
2) Do you feel that I qualify for EB1 category ??
3) Do you feel that I qualify for EB-2 NIW ??

QUESTION: (PART B - if spouse involved):
I may get married to a Canadian citizen with Canada's birth certificate late this year .. or .. early next year)
As of today's date (July 24, 2018) EB1 for all countries of world (including Canada are retrogressed).
However, EB2 for Canada (chargeability) is current it seems.

Which is the Fastest route for us both (myself & spouse) to obtain the Green Card through my application ?
1) Should I apply for employer sponsored Eb1 (and wait for it to be current, for India ? ... OR .. Canada (for using chargeability) in Oct 2018) ?
2) Should i apply for self-petition Eb2-NIW ?? (and use Canada chargeability) to make both (me+spouse) date current ?
3) Should i go for employer sponsored regular EB2 ? (and use Canada chargeability ?)

I am really worried about the new USCIS policy to straight away deny cases (which is starting in Sept 11, 2018)