Advise on NIW

N

nalini2

New Member
Hello!
I am Medical doctor from retro country, finishing my Phd in vascular biology in Jan 2006 at Univ in pennsylvania on F1 status. I am planning to apply for NIW.
Can i file for I-140 and I-485 together?
Shall i file for my wife at the same time?
She is a postdoctoral researcher, with an foreign MD as well.
To complicate issues the univ. has filed for my wife's EB-2 application Aug 2004, and it is obviously stuck in Philadelphia backlog center...no 45 day letters have been recieved..and she may not be continuing work at the university starting jan 2006

Any suggestions?

Thanks...
 
<<<
... finishing my Phd in vascular biology in Jan 2006 at Univ in pennsylvania on F1 status. I am planning to apply for NIW.
Can i file for I-140 and I-485 together?
Shall i file for my wife at the same time?
>>>

As far as I know, you will not be able to file the I-485 (because of retrogression), so that rules out the application for your wife.

<<<
... To complicate issues the univ. has filed for my wife's EB-2 application Aug 2004, and it is obviously stuck in Philadelphia backlog center...no 45 day letters have been recieved..and she may not be continuing work at the university starting jan 2006
>>>

If she is on an H1, she can continue renewing the H1 based on the labor application/I-140 application. If she does not work at the university starting jan 2006, she should get her status changed to F2 when you are F1 and change it to H4 when you get an H1.

S
 
sisukapalli ..thanks for the reply

What will happen to my wifes Labor application if she either starts working in some other univ or switches to F2 or H4.
Also she has been offered a position with a new univ.
She cant transfer her H1 as the new employer is not willing to pay her current salary
Can she change her job title and take up this lower salary job..will she need an amendement of H1 or a fresh H1 Application.

Thanks
 
I believe that the lower pay for educational institutions is a given ( :) ),and is not a big deal for the USCIS (unless the salaries are extremely low -- which I doubt is the case in a university that will sponsor a H1). She can probably just transfer the H1 without any problem. Again, I do not know the range of salaries or type of work she is doing, but in general it should be fine.

S
 
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