Posted by: bengaltiger March 28, 2010
Any EB2 NIW successful cases while on OPT?
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Nepal1234 and Rajulama,

Thanks for your posts. I consulted with a lawyer and he also told me that the visa type does not make a difference. I did some research, and here is what I found

1. It looks like individuals with H1B have higher chances as it is a dual intent visa while OPT (F1) is not.
2. It is not a good idea to file application without a lawyer (Keep this in mind)
3. If rejected individuals in H1B can continue, but for us (OPT holders) we can only stay in US until our OPT period (if you can't get a job and change to H1B). Once we are out of US, it will be difficult to come back to US.

Point 3 is what scares me. I am pretty sure you guys remember the question "Did you apply for permanent residency? (may not be the exact wording)" in the visa application.

Nepal1234, every individual's case is unique under this category. So I suggest you to consult with a lawyer. The lawyer I consulted with told me that citations can definitely help but having citations does not guarantee a success. You will have to make your case with the recommendation letters. But someone told me that you can build a strong case if have secured Federal grant or working in a project with a Federal funding.

Hope this helps.  I am pretty sure there are other individuals out there who are in the
same situation like us. It will be a great help to all of us if individuals with a first hand experience can post something here.

Thanks
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