Advice Needed for my case

xingyunlarry

Registered Users (C)
Hi, I submitted my NIW 140 & 485 on 9/2005 when I was at XXX state University, my H1b at XXX state university will expire this July, my NIW area is related to environmental protection. Right after the submission, I got and accepted a faculty (Math and Engineering) job offer from a local community college. My lawyer applied concurrent h1b at this community college. I started full time faculty job at this community college on 9/2005 and quited the research job at xxx state university. My wife is working on the EAD based on this 485. My concerns are as follows

1. My PD is current on June. If INS ask for emplyment letter, can I provide the employment letter from the community college. At the community college, I am still doing some minor research related to environmental protection. Will INS be convinced that I am still in NIW area, I guess community college is still considered as higher education. I may be able to work full time at xxx state university during the coming summer. Shall I try it?

2. My community college sponsered labor-based 140 was approved. PD is 1/28/06 (not sure how long it will take to reach this PD). I was just wondering that if I can do the following
a. If INS is not asking for employment letter, I just keep quite.
b. If INS asks for employment letter, can I just withdraw the NIW 485 and transfer the PD to my labor based 485, If I can, will this transfer cause any problem to my wife's EAD.

Please advise my case. I am not sure whether I should wait until 485 RFE or start to file labor based 485 by using the NIW PD. Thanks.
 
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