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How to fill the I-140, Part 6

Discussion in 'National Interest Waiver and EB1' started by xunhu1000, Mar 8, 2009.

  1. xunhu1000

    xunhu1000 New Member

    Hi buddy,

    I am a J-1 holder working as a postdoc. I want to try to DIY my I-140
    pertition under NIW category.

    My questions: Can I fill the job title as postdoc? I am not confident about this. Someone said you should have a permanent job. Someone said you don't need
    have a job. I can just fill as N/A.

    The postdoc position is a tainning title which is obviously not a permanent job.
    Anyone have the similar experience or know how to deal with this issue?

    Thanks for your input in advance.
  2. jk0274

    jk0274 Registered Users (C)

    1- You can use another designation used by your institution if available, such as "visiting scientist" or "visiting fellow" or whatever, that doesn't allude to being a postdoc.

    2- You are aware that if you file a I-140 as a J-1, you pretty much are stuck in the US until you get a waiver and apply for I-485, right? Until then, you will have a hard time extending your DS-2019, and will most definitely be denied a renewal of your J-1 visa abroad (should you need one) or even reentry into the US if you have a valid visa. Filing an immigrant petition with a J-1 really leaves you stuck for a while until you're able to file an adjustment of status application.

    3- Don't leave Part 6 blank, because if you do, you can bet they will send you an RFE asking you to prove that you are still working in an area of national interest. They won't send an RFE specifically because you didn't answer Part 6 (because for NIW it's not required as you know), but if they don't have evidence that you're employed (or will be employed) in an area of your claimed expertise, they will request some sort of employment verification later. This is for NIW not EB-1B, so the job doesn't have to be a permanent job offer. EB-1B requires a permanent job offer, not EB-2 NIW.
  3. xunhu1000

    xunhu1000 New Member

    Thanks a lot, JK0274. Yes, My boss said he will support me a H1B visa later this year (My j1 is due Dec. 2009). For the GC, I have no way but stuck in US for few more years.

    Do you think it is wise to proced at here. Becaue it will take several year for us to get GC
    via NIW. Just want to start early.

    Thanks again
  4. jk0274

    jk0274 Registered Users (C)

    Yes, getting into H-1B status would be a good thing!

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