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H1b Cap Exempt For Academics/ Eb2 Category For Nz Permanent Resident

Discussion in 'College and University Faculty' started by Rohit Piplani, Oct 2, 2016.

  1. Rohit Piplani

    Rohit Piplani New Member

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    Hi there,
    I am currently residing in Auckland, NZ. I am a New Zealand
    permanent resident holding an Indian passport. I plan to migrate to US for
    my PhD and eventually work there as an Academic. If I apply for US green card
    under EB-2 category, which country's processing time will be applicable in my
    case, NZ or Indian? As per my knowledge the processing time for Indian
    citizens is very long (almost 8 to 10 yrs) where as for Kiwis it's pretty
    less (just a year). Since I hold a NZ permanent residency status will that
    allow me to file my application as a Kiwi or do I need to be a NZ citizen for
    that. Can you guide me for this query, I would like to know whether my
    application fall under Indian category or NZ? I would also like to know that is H1B quota/cap applicable to Academic jobs (Higher ed institutions like universities)?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You will fall under the quota of your country of birth, unless your spouse was born in another country, in which case you both may use that quota.
     
  3. Rohit Piplani

    Rohit Piplani New Member

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    Thanks a lot for your help Ron. Can you please advise me that whether H1B quota/cap is applicable to Academic jobs (e.g.Assistant professor at higher ed institutions) ?
     

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