Query about applying for EB1 if PhD was from overseas institution, with short time spent in US

T

time4change

New Member
Hi Guys,

I hold European citizenship, and received my PhD in Summer 2008 from a European University. I have been employed as an Assistant Professor at a state university in the US for approximately 12 months on an H1-B visa.

While the university is currently trying to apply for PERM status for me (hopefully send application in the next month or so), they say to qualify for EB1 status, there is no point starting the Green Card process yet. It is better to wait for atleast three years.

I was wondering if this is true, and I should wait for the three year period to start the ball rolling, or whether I should go private to expedite the process?Should I be doing anything else in this time, other than the PERM application?

Thanks so much,
A confused foreigner!
 
I'm not sure about the three-year rule for EB1, but if you are a European citizen, you can apply through NIW, unless you are planning to make it premium processing (no premium processing is possible for NIW.) NIW is easier than EB1 to sail through and will make no difference to you as your priority date is current.

I have Ph.D degree too (from the states) and filed through NIW.
 
If you are from any country other than India and China please apply through EB2-NIW or what ever case fits in that category. Advantages are One, you will get it soon similar to EB1 category; two, you have almost 100% approval of I140 with your phd degree and asst prof position; three, the dates are current for both the EB1 and EB2 categories for your country, so makes NO difference between EB1 and EB2 in processing time; four, you dont have to prove the minimum 3 year experience criteria that you have to show in EB1 category (although your phd can be considered for the 3 yr experience depending on how you project yourself with publications and implication of your research work)

In summary, EB2-NIW is the best option, you can do it on your own (meaning no sponsor required), faster ( for your country), easier to crack (with your quals), almost 100% approval with your quals (esp the asst prof job).

Good luck
Sulpha
 
Thanks so much Alex and Sulpha. I am unsure which classification the university will pay for (EB1/EB2/NIW etc), but I know they won't start it for a certain period of time. I really appreciate your help.
 
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