485 issue with NIH

[mas]

I am with H1b visa right now and am going to accept an offer from NIH. NIH will sponsor another H1b visa. However, I applied for NIW+485 early this year and I140 was approved. My question is that whether NIH will ask USCIS deny my I-485? Because I hear that NIH refuse all J-1 waivers, so I wonder if they will absurd absurd enough to block my I-485 ?

Any comments? Thank you very much for your input.


my details:
140 RD 1/13/05 AD4/19/05
485 RD 2/17/05 AD ???
FP 4/19/05

 

[tammy2]

I am with H1b visa right now and am going to accept an offer from NIH. NIH will sponsor another H1b visa. However, I applied for NIW+485 early this year and I140 was approved. My question is that whether NIH will ask USCIS deny my I-485? Because I hear that NIH refuse all J-1 waivers, so I wonder if they will absurd absurd enough to block my I-485 ?

Any comments? Thank you very much for your input.


my details:
140 RD 1/13/05 AD4/19/05
485 RD 2/17/05 AD ???
FP 4/19/05

What is this NIH?

 

[pegh]

I assume (perhaps incorrectly?) that "NIH" refers to the National Institutes of Health.

I think your best course of action would be to discuss the matter upfront and in detail with your potential supervisor/manager. Let him/her know your status to be sure they will not have a problem with hiring you at this point. Possibly he/she will refer you to the HR department (or whatever is the equivalent of "HR" at the NIH) for more specifics about what is and is not acceptable to them. Somehow it seems unlikely to me that they would ask USCIS to deny your 485 but it is undoubtedly safer (and much less stressful) to know their policy about hiring people in your situation before you start.

Good luck!!

Edited to add: I know a couple of people (with GC) at the FDA who told me their departments hired some folks on H1B with different kinds of pending applications for their GC. It didn't seem to be a problem for them. But I am not certain whether the FDA and the NIH have the same policies regarding hiring people. It probably also makes a difference what your position is and how easy it would be for them to justify waiving some rules, if needed, to keep you.