Applying for EA-NIW while on H4

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boston123

Registered Users (C)
Hi,

Has anyone ever applied for EA or NIW while on a H4 visa? Two attorneys told me it wouldn't be a problem; two others told me to find a H1 job first... I have a phd in school psychology and I am seeking self-employment (contracts directly with high schools, and book publishing). I would like to know if being on a H4 and seeking self-employment may jeopardize my chances for EA or NIW.

Thanks!

:)
 
Judging from your credentials I would suppose EA and NIW should not be a problem. Just get a good lawyer and get all the views. You do not need to be employed to apply for an EA or NIW....that is what I gather. Now having employment may increase your chances of an approval...cannot say that....maybe thats why some lawyers are stressing get an H1....also I dunno what happens to your H4 if your EA/NIW gets denied....mostly nothing....but it always pays to be vigilant.
 
i guess their question is: how will you prove your exceptional ability if you cannot even put it to work??.....maybe thats the reason why they are suggesting to get a job.....

is it possible for you to get a job in a school/school system....since you have a pretty good qualification??......my friends wife is a teacher.....so if you can give more details i can find out what your options are??
 
Thanks for your help. I have been trying to get a job in many ways:

1) Assistant professor (university). There is no opening in my field where I live. Since my husband recently got his H1 after obtaining a J1 waiver as a physician, he has to stay at the same hospital for 3 years.This narrows my opportunities because we cannot move at this time.

2) Self-employment. Of course there is no way to obtain a H1 for self-employment. That is a real problem for me since most of the people in my field (who are not university-based) have there own business or a number of contracts with schools. I could get a job in a school / school system but to make a long story short, in my field we do it as freelance : the school is the client, not the employer. Schools desperately need help to solve violence and discipline problems for example. There would be plenty of job for me.

3) Book publishing. I have written books in my field but as a H4, I am not allowed to receive royalties anymore. Since book publishing does not involve an « employer », I cannot get a H1 for that, or any other visa. However, if I was residing outside the US, I could publish books in the US and receive royalties… I cannot publish books in another country (not even in my own country) because H4 cannot receive compensation/royalties from anywhere in the world…

The options 2 and 3 are those that I want to propose for employment. If you think of other things I should consider, please let me know…
 
i am surprised that you cannot receive royalties.....thats just plain ridiculous.....f**** stupid.....long live USCIS.....

few years back i had seen teachers coming on H1....explore to see if you can go that route...

did you approach your local school board/system.....maybe they can sponsor your H1(you may offer to work volunatarily for a while....)......


over here in alabama....they are constantly cutting the budget of the schools....so i think they will not be interested in the benefits of their student...

but in other states...they may have funds specially for this.......try to do reserach to see if you local schools systems has a budget for this.....
 
Last edited by a moderator:
You don't necessarily need an employer!

My case was in EB-1 EA, so I can only somewhat competently talk about that category. A lawyer I got a brief consultation from also stressed that having a US employer file the case for me would make the world of difference. However, I didn't want all paperwork to go through my employer at the time, plus I was not sure how much longer I'll be working for him, so after consideration I disregarded that piece of advice.

If you think you might have a strong case in the only 2 categories that allow self-filing, why not take advantage of that? EB-1 EA, for instance, is an achievement-based category rather than employment-based; legislature and I-140 form itself clearly state that no offer of employment is required. However you must provide proof (pre-arranged commitments or contracts) that you intend to continue working in your field of expertise.

If I were you, I'd concentrate on proving your extraordinary ability and/or NIW and not worry so much about employment issues. Good luck!
 
techy2468 said:
i am surprised that you cannot receive royalties.....thats just plain ridiculous.....f**** stupid.....long live USCIS.....

few years back i had seen teachers coming on H1....explore to see if you can go that route...

did you approach your local school board/system.....maybe they can sponsor your H1(you may offer to work volunatarily for a while....)......


over here in alabama....they are constantly cutting the budget of the schools....so i think they will not be interested in the benefits of their student...

but in other states...they may have funds specially for this.......try to do reserach to see if you local schools systems has a budget for this.....
Click to expand...

Yes, civ2ru raised very strong point here. I had even similar situation, I contacted many lawyers and they encouraged me to go for EB1-OR, however I did not intend to go with the employer due to some internal issue (may happen in future, never knows) and I prefered to go myself for EB1-EA without attorney.
As from India, take a shot for EB1-EA/NIW. Sometimes attorney is good to reorganize documents and write petition/reco letters. also may answer to RFE very well.
 
boston123 said:
2) Self-employment. Of course there is no way to obtain a H1 for self-employment. That is a real problem for me since most of the people in my field (who are not university-based) have there own business or a number of contracts with schools. I could get a job in a school / school system but to make a long story short, in my field we do it as freelance : the school is the client, not the employer. Schools desperately need help to solve violence and discipline problems for example. There would be plenty of job for me.
Click to expand...

Why can't there be a contracting company which operates between you and the schools? Then the contracting company can sponsor for your H1B. I know that this works in other fields such as engineering and IT.
 
Once again, thanks to you all.

There is a contracting company that could operate between me and the schools, but I would be subject to H1-cap, meaning waiting for months… I’ve been on a H4 for almost three months (I was on a J1 till August) and I don’t want to stay on H4 for too long. It will certainly not help my case and I need to work! I think I should apply now.

I have done extensive research on the web and found plenty of information about how to file for EA and NIW. I learned that argumentation is the key in the application and this is something I think I am good at (I co-authored papers on the subject). So far, I have purchased a DIY kit (NIW example) from usaia.org and I recommend it. I am not saying that all lawyers are bad but I already have had a bad experience with an immigrant lawyer who screwed up my case (was not even able to copy my date of birth correctly on the form). Since I currently have no income (but more time than what I was used to) … I am thinking about applying without a lawyer, and consult a lawyer if need be.

Regarding my credentials, the highlights are:
-8 peer-reviewed articles /book chapters (1st author) (includes 3 international journals)
-4 peer-reviewed articles /book chapters (co-author)
-12 conference presentations (1st author)
-18 conference presentations (co-author)
- Based on an article that I wrote in an international journal, I was invited to come to the US as a research scholar to participate in the writing of the most prestigious reference manual in my field at this time
-Based on an article that I wrote in a foreign journal, I was invited to publish in a prestigious international journal
-Reviewer for several journals.
-I got all national scholarships/fellowships available in my country from master to postdoc (total : 8 years of funding)

Questions :
1) Should I get more independent letters? So far, 5 independent experts (US, Canada, Europe) and 2 experts I have worked with agreed to help me. I still have 5 other experts that I haven’t contacted yet on my list. Is the more the better?
2) Should I go for EA or NIW or both (any thoughts)?
3) Greencardapply.com offers a premium service : after you buy a DIY kit, you can pay $109 and they answer all your questions and review the cover letter. That is pretty cheap (may be too cheap to be true). I would like to know if anyone had a positive experience with this company. Once again, I don’t have anything against lawyers, but I am in a situation where may be I should consider doing it myself.

Thanks for your help. I appreciate it!
 
Just want to mention my info:

NIW case:
about 35-40 papers. most (95%) 1st author, more than half peer-reviewed, half international journals
40 conference presentations all 1st author
reviewer for several international journals
reviewer for a book
sholarships (3) in Europe (after my publications)
grants in my country and one grant from European organization (international)
17 rec letters from 4 countries including one from Nobel prize winner and one from US editor inviting me to write a chapter to a book
at filing I-140 I had a job (permanent position in a company) and H-1

still my I-140 was denied (later approved after appeal...)
 
boston123 said:
Once again, thanks to you all.

There is a contracting company that could operate between me and the schools, but I would be subject to H1-cap, meaning waiting for months… I’ve been on a H4 for almost three months (I was on a J1 till August) and I don’t want to stay on H4 for too long. It will certainly not help my case and I need to work! I think I should apply now.

I have done extensive research on the web and found plenty of information about how to file for EA and NIW. I learned that argumentation is the key in the application and this is something I think I am good at (I co-authored papers on the subject). So far, I have purchased a DIY kit (NIW example) from usaia.org and I recommend it. I am not saying that all lawyers are bad but I already have had a bad experience with an immigrant lawyer who screwed up my case (was not even able to copy my date of birth correctly on the form). Since I currently have no income (but more time than what I was used to) … I am thinking about applying without a lawyer, and consult a lawyer if need be.

Regarding my credentials, the highlights are:
-8 peer-reviewed articles /book chapters (1st author) (includes 3 international journals)
-4 peer-reviewed articles /book chapters (co-author)
-12 conference presentations (1st author)
-18 conference presentations (co-author)
- Based on an article that I wrote in an international journal, I was invited to come to the US as a research scholar to participate in the writing of the most prestigious reference manual in my field at this time
-Based on an article that I wrote in a foreign journal, I was invited to publish in a prestigious international journal
-Reviewer for several journals.
-I got all national scholarships/fellowships available in my country from master to postdoc (total : 8 years of funding)

Questions :
1) Should I get more independent letters? So far, 5 independent experts (US, Canada, Europe) and 2 experts I have worked with agreed to help me. I still have 5 other experts that I haven’t contacted yet on my list. Is the more the better?
2) Should I go for EA or NIW or both (any thoughts)?
3) Greencardapply.com offers a premium service : after you buy a DIY kit, you can pay $109 and they answer all your questions and review the cover letter. That is pretty cheap (may be too cheap to be true). I would like to know if anyone had a positive experience with this company. Once again, I don’t have anything against lawyers, but I am in a situation where may be I should consider doing it myself.

Thanks for your help. I appreciate it!
Click to expand...

I think you are pretty good for EA. You should have 10-12 letters and save some for RFE. Having citations would be a good thing. Don't rely on DIY, instead hire a good lawyer even if it costs money. It's worth it.
 
compass said:
Just want to mention my info:

NIW case:
about 35-40 papers. most (95%) 1st author, more than half peer-reviewed, half international journals
40 conference presentations all 1st author
reviewer for several international journals
reviewer for a book
sholarships (3) in Europe (after my publications)
grants in my country and one grant from European organization (international)
17 rec letters from 4 countries including one from Nobel prize winner and one from US editor inviting me to write a chapter to a book
at filing I-140 I had a job (permanent position in a company) and H-1

still my I-140 was denied (later approved after appeal...)
Click to expand...

Its unfortunate that you were denied. I am glad that you were approved after appeal. But going by all the approvals I have seen, your case is certainly an exception than the norm.
 
i agree with EB1OR@NSC..........10 publications and around 50 citations......is almost enough to establish a case...........of course it should be in a field which is a bit hot in usa...

Boston123.....you certainly can file your case yourself.....just ask questions on these forums...you will be surprise by the response....

if you can put up a argument that you can bring revolution to school system in usa.....you have a strong case.........you can go for NIW in case you are from a non-retrogressed country.......otherwise for for EA...
 
Thanks for reminding me the citation thing. I am working on it. I will target 10-12 letters. I am not from a retrogressed country so I may apply on both NIW and EA.

I will build my argument around what I can do about school violence since this is my area of specialization. I shouldn’t have much problems to show that school violence has become a real issue in this country…

You are right, techy2468, it is amazing how much information we can get on this forum and on the Internet in general –if we take (and have) time to search-… I will be happy to help others as I become more knowledgeable.

Regarding compass, you remind me another case that was posted on this forum by asterhamid :

http://www.immigrationportal.com/showthread.php?t=204070

This person had his NIW denied though he thought he had good credentials compared to others who got approvals. Eb1doc made him realize that he may not have presented his case in the best way. Credentials are one thing : how to present one’s case is another one.

I first thought that you posted your credentials to show me that I did not have what it takes to get approved. However, I was glad to read that your case was approved after appeal. This confirms that it wasn’t a question of credentials : either the officer overlooked your case or you presented your case better the second time. Otherwise you wouldn’t have won the appeal.

In any case, I have read about people who had better credentials than me and got a denial. I also read about people with worse credentials than me and got approved. I am not anymore at the stage of deciding if I should apply or not : I will.

I let you go, I have to work on my application!

Thanks.
:)
 
boston123 said:
Thanks for reminding me the citation thing. I am working on it. I will target 10-12 letters. I am not from a retrogressed country so I may apply on both NIW and EA.

I will build my argument around what I can do about school violence since this is my area of specialization. I shouldn’t have much problems to show that school violence has become a real issue in this country…

You are right, techy2468, it is amazing how much information we can get on this forum and on the Internet in general –if we take (and have) time to search-… I will be happy to help others as I become more knowledgeable.

Regarding compass, you remind me another case that was posted on this forum by asterhamid :

http://www.immigrationportal.com/showthread.php?t=204070

This person had his NIW denied though he thought he had good credentials compared to others who got approvals. Eb1doc made him realize that he may not have presented his case in the best way. Credentials are one thing : how to present one’s case is another one.

I first thought that you posted your credentials to show me that I did not have what it takes to get approved. However, I was glad to read that your case was approved after appeal. This confirms that it wasn’t a question of credentials : either the officer overlooked your case or you presented your case better the second time. Otherwise you wouldn’t have won the appeal.

In any case, I have read about people who had better credentials than me and got a denial. I also read about people with worse credentials than me and got approved. I am not anymore at the stage of deciding if I should apply or not : I will.

I let you go, I have to work on my application!

Thanks.
:)
Click to expand...

Hi Boston123,
I did not want to scare or discourage you, actually I just wanted to show you that you should be ready for RFE or/and denial, just in case...
My case was presented good (I think), I had a lawyer and he submitted several applications of my colleagues before and aling with mine, all got approved. Before denial I got RFE (3rd prong), I replied through my lawyer and at that point I added my citations (for my 4 papers i found 78 citations in 10 journals). Also my area is very strong (directly health related - assays for detection of clinical deseases or pollution). Still it was denied in couple of weeks after they received RFE, then my lawyer told me, not much hope for appeal! Still in the last moment I decided to file appeal using same lawyer, he told he simply repeated (even shorter) same text he put earlier into cover letter for I-140, so it was NO second time presentation of my case. At that time I did not read this forum, later I started and I found that much weaker cases are getting approved... Now I believe that I just was unlucky and yes, my case is probably not typical.
I had a hard time few months after denial - you loose status if you get denied and do not have H-1 - I had H-1 byt my company collapsed just after my denial so I had to urgently find another job supporting H-1 which I managed to do. In jour case, just make sure your spouse will maintain H-1 so that you can switch back to H-4 if something happens.
 
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