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tttt

PhD completion vs EB-1 green card

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I am about to complete my PhD in a US university and will join a large corporation in California next year. My managers have told me that my position qualifies for EB-1.

Is my EB-1 eligibility impacted by whether I have my PhD completion certificate before or after my job start date? I am considering starting the job sooner, and returning a couple months later for my PhD defense.

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I really appreciate your replies @JoeF and @INDNewYork. May I ask you both a clarification question?

@JoeF, if I understand you correctly, not having a PhD on my job start date could possibly hamper my EB-1? Is this due to USCIS requirements or more due to how company lawyers categorize cases for hires?

So even if I got my PhD completion certification after 2 months of job start date, this would impact my EB-1? (I just wanted to present the specific scenario I'd face).

From looking at the USCIS requirements on EB-1, there is no mention of PhD or a degree, just accomplishments and recognition in scientific field (reco letters, papers, salary, etc) to demonstrate "extraordinary ability" (this is the category that fits my profile). I'd really appreciate if you could provide just a little insight on how the process works and how the timing of the PhD can have an impact.

@INDNewYork, are you implying that it is okay for the PhD completion date to be after the job start date, and as soon as my PhD is complete I can file 485? Does this mean I can file for I-140 soon after job start, regardless of having PhD in hand?

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I really appreciate your replies @JoeF and @INDNewYork. May I ask you both a clarification question?

@JoeF, if I understand you correctly, not having a PhD on my job start date could possibly hamper my EB-1? Is this due to USCIS requirements or more due to how company lawyers categorize cases for hires?

So even if I got my PhD completion certification after 2 months of job start date, this would impact my EB-1? (I just wanted to present the specific scenario I'd face).

From looking at the USCIS requirements on EB-1, there is no mention of PhD or a degree, just accomplishments and recognition in scientific field (reco letters, papers, salary, etc) to demonstrate "extraordinary ability" (this is the category that fits my profile). I'd really appreciate if you could provide just a little insight on how the process works and how the timing of the PhD can have an impact.

@INDNewYork, are you implying that it is okay for the PhD completion date to be after the job start date, and as soon as my PhD is complete I can file 485? Does this mean I can file for I-140 soon after job start, regardless of having PhD in hand?

I think You have to have 140 applied before your Phd end date. Not an attorney's advice though.

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Sometimes, a PHD candidate may obtain approval to work as apart of optional practical training (opt) or compulsory practical training(cpt)

If all is legally done in this matter, you can start working for the employer purely by the power of your EAD obtained as a part of CPT/OPT

The Green card process can start *** soon as you have all documents mentioned required by your attorney

But needless to say, as Joef recommended, you have to concentrate on your PHD first, jobs and everything else comes later

all the best

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But needless to say, as Joef recommended, you have to concentrate on your PHD first, jobs and everything else comes later

I have friends who started working on H1 before they had their PhD defense done. They dragged the defense on and on, one for over a year. Not a good thing to do.

Working takes a lot of time away from wrapping up the PhD.

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@tttt. I think a lot of sound advice had been provided but in your case and in my humble opinion I would say go for the job.

When a large corporation has already approached you and you are already recognized in your scientific field and by peers...all this even before your completion and post doc then you have the stuff my friend :)

I'm guessing you must have already finished your research and you indicated that all you need to is defend your thesis. So you are good to go!

btw...I'm a lab rat myself :) Good luck!

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@tttt. I think a lot of sound advice had been provided but in your case and in my humble opinion I would say go for the job.

When a large corporation has already approached you and you are already recognized in your scientific field and by peers...all this even before your completion and post doc then you have the stuff my friend :)

He has "the stuff" if he finishes what he started.

There aren't many organizations that treat ABDs well (Google is one of the few exceptions I know.)

What will matter for his career is that he can demonstrate that he shows the right priorities and doesn't drag on with some tasks.

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The critical consideration is to be fully qualified and eligible for the immigration classification sought on the filing date of either the labor certification or I-140 (or any other immigrant visa petition), as applicable.

On April 17, 2007, 72 FR at 191059 USCIS added:

8 CFR § 103.2 Applications, petitions, and other documents.

(b)(1) Demonstrating eligibility at time of filing. An applicant or petitioner must establish that he or she is eligible for the requested benefit at the time of filing the application or petition. All required application or petition forms must be properly completed and filed with any initial evidence required by applicable regulations and/or the form‘s instructions. Any evidence submitted in connection with the application or petition is incorporated into and considered part of the relating application or petition.

This was, in reality, an overly zealous and inappropriate codification of Matter of Katigbak,14 I&N Dec. 45 (Reg, Comm., 1971), which held:

"To be eligible for preference classification under 203(a) (3) of the Immigration and Nationality Act, as amended, the beneficiary must be a qualified member of the professions at the time of the filing of the visa petition. Education or experience acquired subsequent to the filing date of such visa petition may not be considered in support thereof since to do so would result in according the beneficiary a priority date for visa issuance at a time when not qualified for the preference status sought." [emphases added]

While USCIS and AAO have applied this holding beyond its proper scope in many cases. It definitely applies to you. Timing in key. Time it properly in order to avoid wasted time, effort, and money. Don't jump the gun.

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