Anyone had apply greencard with f1 status?I applied h1b but it was panding more than 6 months so my lawyer adviced me apply I -140 with f1 status is no problems.also he said I-485 better to apply h1b status.i Have 9 papers and 22 citation .anyone has recently applied and got approved ?how long is take to approved?please share your experiences!!

What a stupid lawyer you got. You can't directly go for i-140. The company has to first apply for a PWD (1-2 months), then advertisement/recruitment (1-2 mobths), then file for PERM (5-6 months). Only after PERM is approved, i140and/or i485 can be filed. So filing of i140 is minimum of 8-10 monhs away even if you company starts the process today.

How do you have 9 papers and 22 citation?

How did you write 9 papers and got 22 citations?

@ny2 Stupid lawyer or stupid ny2 if you don't know then its not bad but if you don't know anything better don't give unnecessary opinion.

2 cents.

By the way, all 9 papers have you as a first author? I think you can apply for NIW at any status.

My name might be stupid, But I am not - ;)
rajan101 is right. Ny2 might have incomplete knowledge and it is dangerous.
There are some Categories that doesn't require PERM or 1st step of green card process through employment.

Back to Fuchhey :
There is no co-relation between your status and greencard process. People often forget the main 1st rule of greencard process through employement - "IT IS FOR FUTURE EMPLOYEMNET".
As long as you are in valid status (if inside USA) and you qualify for the category, you can file the GC. Your F1 status has nothing to do with GC process.
I don't have any experience with NIW, But an experienced lawyer should be able to tell you which category might be better for you.
However, One thing is clear with my past experience, You don't want to wait for GC process. the earlier you file, it is better.
About your h1 pending, don't worry. I have seen cases where H1b was pending for over year. I didn't get my h1 until end of April of next year.

You can apply NIW with F1 status. It has nothing to do with your current status. With your credentials, I would suggest you not fully rely on NIW. You should have some backup plan for your status in case NIW doesn't go through as chance of success depends on several factors including your luck. Typical processing time is 4-months for 140 and 485 each if you do not get any RFE.

First thank u for all responses.I am sorry I am working postdoctoral in University not a companey.just my question is how is the risk factor about apply NIW EB2 through f1opt due to panding h1b.

Yup, i feel stupid now.....didn't read NIW on the topic, just saw h1b n f1 part.....,agree with the others

Yes, You can apply while being on F1 status. I have it approved recently. Approval time depends upon which processing center you file. Took 250 days to get i140 approved and another month for I-485. Like others said having that many papers is certainly a plus, but depends upon many other factors. Let me know if you have any other questions.