Sign in to follow this  
Followers 0
ismart

Fresh H1B aftere PhD

3 posts in this topic

Dear Experts,

I'm currently a PhD (Mathematics) student graduating in August this year (in two months!). I was on an H1B visa from Oct 2006 til Sept 2011 after using OPT from my masters from Feb 2006 til Oct 2006. In Aug 2011 I transferred to F1 to start my PhD.

I understand I'm eligible for a new OPT period of 1+2 years. Appreciate your feedback to my questions -

1. Since I have not used my entire 6 years of my old H1B, can I transfer back to it without going through the lottery? This would mean that I transfer to my old H1b after exhausting my new OPT (ie., for example, after 3 years) to use my unused one and half years (including my vacation time out of US). In this case, my future employer must file for a Green Card within 6 six months after I transfer back to my old H1b. Is that correct?

2. Am I eligible for a fresh H1B? Will it be lottery then?

3. Suppose I start working on OPT, can my future employer apply for a Green Card while I am on OPT?

4. My own sister is a US citizen. Would it be a viable option if she applied for a Green Card for me?

5. I have a few publications (3 peer-reviewed and a few conferences) in my field. Is applying for a Green Card myself a viable option at this stage?

Thanks very much for your time.

-S

Edited by ismart

Share this post


Link to post

Generally, reusing an H1 is only possible if the person was in H1 status in the last 6 years.

A GC through a sibling takes 12+ years (see the VIsa Bulletin, Family category 4.)

As for a GC in EB2-NIW or EB1, first, conference papers are also peer-reviewed. Scientific papers that are not peer-reviewed are not scientific papers. You should discuss your situation with a good immigration lawyer experienced in these kinds of applications, to see if you would qualify. Generally, people with PhDs who proceed to tenure-track faculty positions shouldn't have any problems with that. Going to industry is always a bit more tricky, but math PhDs nowadays are really in demand, e.g., as data scientists for big data stuff, so it should not be too hard there, either.

Share this post


Link to post

Thanks for your comments.

Assuming I am able to find an employer who is willing to apply for a transfer to my old H1 (since I seem to have time until Sept. this year), which of the two options do you think would enable me to continue working without having me leaving the US:

1. Go back to my old H1 and either have my employer file for a green card soon or self-apply under NIW (assuming I meet the criteria).

2. Start working on OPT and apply for a green card (either EB1 or NIW) after an year or so after I get OPT extension.

Thanks again for your valuable feedback...helps in approaching a lawyer in a more focused manner.

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0