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The advice column that answers immigration-related questions about working at technology companies is called "DEAR SOCIETY"

A Silicon Valley immigration attorney says that your questions are vital to the spread of knowledge that allows people all over the world to rise above borders. I would be happy to answer your questions in my next column.

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I would like to ask you a question, DearSophie.

I have been on an H-1B for over four years. The priority date for my approval is in April 2015. I will be waiting a long time to get a green card because I am Indian.

I think I might be able to apply for an EB-2 NIW.

It's ideal from India.

The idealistic.

Thank you for your patience with the U.S. immigration system.

The green card line for individuals born in India has made improvements in the last few months. All of the available employment-based green cards will likely be used by the U.S. Citizenship and Immigration Services in the upcoming fiscal year. There could be continued advancement in the category.

If your priority date is before January 1, 2015, you can file your immigrant visa applications at the U.S. consulate abroad. I-485s can be filed based on the same priority date listed in the Visa Bulletin, so it is the same as for domestic-filed green cards. You are so close.

If the I-140 is approved or an offer is still valid at your current employer, you won't gain any advantage by applying for an EB-2 NIW at this point.

This is why.

  • You’re nearing the front of the green card line anyway.
  • The EB-2 and EB-2 NIW (National Interest Waiver) green cards are in the same second preference category, and have the same cut-off date.