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Eligible for EB2 or EB1

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General Field : Cancer Research
Current position : Researcher V
Country of origin : India
Current state of residence : Alabama
I came to USA in 2005, I have done MS in Biological Science from USA. I am working as a Cancer Researcher at University since January 2010. Currently on a H1 visa (non profit), valid from October, 2015.  I do not have any publications, articles, awards under my name. Few publication as a second author are under process.
My university is ready to apply for Green Card under EB2 Advance Degree Professional, which may take 9 years. I am planning to apply for a green card through self petition under EB2 NIW. 
Please advice 
1.  Should I apply for green card under self petition or wait for university to apply
2. Am I eligible for EB2 NIW or EB1 Outstanding professor/researcher
3. To be eligible what all things do I need to prove
4. How much time for I-140 to be approved. 
5. What is the waiting time and cost for EB2 NIW and EB1 OP
6. If my I140 is approved what would happen to my H1B visa. What status am in. Can I start working in an industry
Edited by madhavid

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I'll answer 4 and 6. Hopefully someone else will answer the rest.

4) My friend's I-140 just got approved two weeks ago. He submitted his application via Murthy in May 2016 (Nebraska Center). Mine also was approved back in 2010 but it took about six weeks at that time (Texas Center via Murthy too). Lines are longer it seems. You can check the estimated wait time by searching Google "USCIS Processing Times" and looking under I-140 NIW. Texas Center is still considerably faster than Nebraska. Since you live in Alabama, your application will be most likely processed at Texas Center, which is a few months faster than Nebraska. However, it takes one good year at least nowadays for NIW.

6) You will be still on H1B. Approval of I-140 doesn't mean anything with respect to status. However, if your H1B is cancelled/revoked, you still can file for AOS to get Green Card from out of country based on your approved I-140.


Edited by Alexander-2017

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1.EB2 IS EB2. Hence I would let them file.

2. I suspect not. But EB2 is EB2 and waits are the same.

3. Look up EB2NIW in the USCIS site.

4. About 10 years of wait for the PD to be current as of now.  Hence I-140 approval speed is possibly not relevant. It should take less than an year if the University applies, more like 6-7 months. Bookmark the "VISA BULLETIN" of the DOS.

5. VISA BULLETIN. Fixed costs are in the USCIS site. Lawyer fees vary.

6. Based on an approved I-140, you can get 3 year extensions of H1 beyond the initial total of 6. It has not been possible to move to Industry unless you have been cap subject.

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