Question for for National Interest Waiver (NIW) based I-485 applicants

J

jigesh

Registered Users (C)
I want to understand, if any self-petitioned NIW holder knows, the impact of job change or activity change on pending adjustment of status application. Basically what to do in case of RFE and interview if this is the case.

You can PM (private mail) me if you so desire.

Thank you.

Jigesh
 
Jigesh, I am not exactly in your category,

but I have been thinking about exactly the same question, though.

Contents of a RFE or possible questions in an interview may vary. But one thing that will be critical is, well, keep the contacts that provided you with the reference letters for NIW and, spend extra time establishing additional contacts if you do decide to pursue more exciting opportunities... You (and I) know that in a RFE/an interview, it is these references, from the old job and the new one, that count. Good luck.
 
Thanks juliojulio for your comments...Theoretically even employment is not required for self-petitioned NIW. I was wondering if job offer would do or in case of no job, some other evidence (like letters as you say, or recent publications, etc.) would be enough for proving being in the same area..
 
theoretically, u don't need to have a job when self-petitioned NIW-based I-485 is pending, however it is important to remain in the same field as described in your I-140, e.g. u said u were a smart physicist in I-140 and now u're running an indian restaurant (which is your full-time job) then, it'll cause a problem when RFE/interview were asked.
 
Thanks minammmmmm....

I wonder if any one faced such an issue during the interview stage...
 
There are many NIW with job changes

I have been following these people (on the forum, of course). Many of them did not post their experiences after interview. My guess is that everything went well otherwise they would have come back to the forum asking for information.
Having said that and being a very cautious type, I always check with my lawyer for updates(the firm is very well known). This is what they say.....They have expressly said that with an NIW case, there is a waiver of job offer requirement (everyone knows that theoretically). It helps to have a job in the field for which the NIW offer was made. However, one doesnt need to be employed (again helps to have a job to show self reliance). Also many NIW cases get approved with interview. Morever, the AC21 law is irrelevant and one with NIW can change jobs anytime they want i.e even before the 180 days. the transfers that we see on the forum are a very small percentage....i would say statistically insignificant.
lastly as minammmm said, one should avoid doing something that drastically different " u were a smart physicist in I-140 and now u're running an indian restaurant (which is your full-time job"
Regards

pm me if you want any other details through me or my law firm
 
a job offer helps in NIW, but is it necessary--?

I agree with ag28 that it helps to have a job in the field for which the NIW offer was made. A job offer may be just the best available evidence showing that your presence is in the national interest. In the case of a job change, it may need to show the new job is in the same or similar field as approved I-140. If no job as per RFE or interview, it may need to show other evidence that the underlying eligibility for national interest waiver is still valid.

In the case of unemployment for NIW, I guess it would be the same with any employment based category that the person is checked for liability of being a 'public charge'.

I am wondering whether CIS changed the concept of national interest since 911. cinta ever mentioned the current national interest may only means national security. I am afraid CIS scrutinizes more than before for NIW case in a no job situation. They may demand higher burden of proof.
 
I guess whatever you do, the reasons for NIW has to be there.
One of my friend applied NIW after Ph.D citing an example that he isc doing for defence, but got rejection. Another friend applied from same company in NIW in Dec 2002 but till today, he did not receive any reply. He already changed job in January 2002 itself.
Another friend applied NIW (physician). he got it approved even he had no permanent job but working some hospital without money.
Therfore at the time of interview, you need to prove that your presence/experience is still in NIW category.
Hope this may help.:) :)
 
Thanks a lot ag28 and lowell - I have always appreciated your company on this forum.

ag28 - you got a PM. Thanks.

lebu9: - Thanks a lot for your input. My question basically was regarding approval of I-485 with pre-approved I-140 (NIW) - and not about approval of I-140 itself. Thanks anyway - I got your point.

Best wishes,

Jigesh
 
Re: a job offer helps in NIW, but is it necessary--?

Originally posted by lowell
I agree with ag28 that it helps to have a job in the field for which the NIW offer was made. A job offer may be just the best available evidence showing that your presence is in the national interest. In the case of a job change, it may need to show the new job is in the same or similar field as approved I-140. If no job as per RFE or interview, it may need to show other evidence that the underlying eligibility for national interest waiver is still valid.

In the case of unemployment for NIW, I guess it would be the same with any employment based category that the person is checked for liability of being a 'public charge'.

I am wondering whether CIS changed the concept of national interest since 911. cinta ever mentioned the current national interest may only means national security. I am afraid CIS scrutinizes more than before for NIW case in a no job situation. They may demand higher burden of proof.
Click to expand...

I do not recall saying NIW is only national Security, but one thing is for sure: NIW are still getting a discriminatory treatment from the various service centers and apparently there is no policy guidlines from USCIS, which I characterized as unfair.. (I filed under EB2, employment). If the NIW is related to National Security it will help offcourse as this government is obsessed with just that and nothing else..
 
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