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Hi, Peter. Thank you for taking questions again.

Would you recommend a 3rd year(2 more years to go) US PhD student with moderate research portfolio( + strong recommender )to look into EB2/NIW or O1 visa? The end goals are to immigrate to the US and avoid H1B lottery.


The O-1 and NIW standards aren't as high as most people think and most PhDs (and PhD candidates) qualify.


Thank you. Would it help the process if the degree is from an US institution? I am debating whether to transfer out to an European institutions as my PI is moving there.


Does that apply broadly to PhDs or just tech related ones? I'm thinking specifically about a PhD in Political Science, dealing in tech adjacent national security topics.


How likely an adjustment of status to H1-B from F-1 be denied due to ~120 days visa overstay that happened over a decade ago?


The facts matter so it's tough to advise without knowing them all but as general rule, as long as the overstay was for less than 6 months, you should be able to adjust status in the U.S.


I'm not the expert here, but AOS only applies when you're currently in the US. Has this person been in the US for over a decade without a valid status?


Currently in the US. Reentered US again after visa overstay and maintained valid status since then. Current employee is planning to apply for H-1B next year. Although prior overstay length is < 180 days - the worry is still there.


There are a lot of "forgiveness rules" but they are tricky. I think you need to consult a lawyer to assess the exact situation. I hope this works out!


Hello Mr. Roberts. Thanks for taking questions.

I am currently on F-1 visa with about 1 year of STEM OPT left. I am looking into applying to Startups and only join if they are open to start EB-2 process right away. Is this something the startups will entertain or accept?


They oftentimes will support EB2/NIW filings in my experience but to be clear, because of the green card backlogs, almost certainly an EB2 filing won't allow you to stay past your STEM OPT; you will need another basis to live and work in the U.S.


Thank you! I am not from a country with EB2 backlog. What do I/they need to obtain(such as Perm certification) in the EB2 application process for me to continue working past STEM OTP EAD expiration date?



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