Can my wife and I both file I140/485 concurrently on EB-1 OR category?

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chiron

Registered Users (C)
After receiving the denial yeaterday, my wife and I decided to act quickly on these immigration affair since both our H-1 visas are going to expire soon.
My wife and I both have PhD degrees and are working in different company. Could both of us file I140/485 together, two petition, both cocurrent filing of I140/485?I know I140 can file several petition, but not sure about 485.

Another important question is since my EB-1EA was denied at Nebraska, do you think it will affect my EB-1 OR petition on Vermont.
 
chiron said:
After receiving the denial yeaterday, my wife and I decided to act quickly on these immigration affair since both our H-1 visas are going to expire soon.
My wife and I both have PhD degrees and are working in different company. Could both of us file I140/485 together, two petition, both cocurrent filing of I140/485?I know I140 can file several petition, but not sure about 485.

Another important question is since my EB-1EA was denied at Nebraska, do you think it will affect my EB-1 OR petition on Vermont.
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Kind of similar situation for me and my wife. And our lawyer adviced that we can have two I-140 at the same time but only one I-485. So both of you should file I-140 but only one of you concurrent I-485 (the one who has a higher chance of success).
The impact of the denial on future petition is hard to discuss but I wouldn't worry to much at this point since your first ione was EA the new one is OR.
 
chiron,
I heared that it is not good to file more than one I-485 (even if one as main and other as derivative). INS will discover this and it may result in delays etc.
Later you can always link existing I-485 to another I-140 if needed.
You can file multiple I-140 under different categories (my lawyer did not advice filing multiple I-140 under same category by same person of course), as NIW and OR, your wife can also try E1 but this one is very hard to get.
If you both are under H-1, you can file I-485 later, you should be in status (H-1) at the moment INS will receive your I-485 (I am not sure, "receive date" or "notice date", i think "received date"), AFTER THAT YOU WILL BE IN STATUS UNTIL THE DECISION WILL BE MADE ON YOUR I-485. So you can file I-485 a month before your H-1 will expire...
Are you from Russia?
 
Thank you Honkman and Compass for your kind advice!
I will take your advice file one I140/485 and one I140 only. But the problem is which one is stronger.[/COLOR]

My wife's case is much weaker than mine, less publications, very few citations, and I don't think she will get very strong supporting letter from outside of her circle. But she does not have denial history and she is working in a very big company and her company is fully supporting her petition. While I am working in a only at most 20 person small company and has denial history at NE.(we just moved to Vermont center so we will both filie at vermont now).
 
Sorry compass didn't answer your last question. I am not Russian, I am Chinese and I have very good friends from Russia.
 
chiron said:
Thank you Honkman and Compass for your kind advice!
I will take your advice file one I140/485 and one I140 only. But the problem is which one is stronger.[/COLOR]

My wife's case is much weaker than mine, less publications, very few citations, and I don't think she will get very strong supporting letter from outside of her circle. But she does not have denial history and she is working in a very big company and her company is fully supporting her petition. While I am working in a only at most 20 person small company and has denial history at NE.(we just moved to Vermont center so we will both filie at vermont now).
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Since your wife is working in a big company is their immigration lawyer writing the petition ? Those guys are sometimes pretty good and will give you a realistic opinion about the chances of your wife's petition. I would a little bit depend on his opinion. But I would also don't worry too much about your first denial since you applying now in OR instead of EA and it is enyway impossible to predict what kind of influence this might have.
 
Thank you all for the kind response!

My wife's company hired a lawfirm to handle all these immigration cases. I assum they will write the petition letter for her. Not sure if they are good. Only know that while my wife is doing her outstanding case. The paralegal reply her email fast usually in one day.

Another question, learning the lessons from EB-1EA denial, this time I am going to file OR and NIW, could I use the same recommendation letters from EB-1EA? I only have one extra hardcopy of the original recommendation letters with the non-copied signatures. So for two petitions (NIW and OR), could one of the petition use the copy of original ones so the signature is not "real"?
 
chiron said:
Thank you all for the kind response!

My wife's company hired a lawfirm to handle all these immigration cases. I assum they will write the petition letter for her. Not sure if they are good. Only know that while my wife is doing her outstanding case. The paralegal reply her email fast usually in one day.

Another question, learning the lessons from EB-1EA denial, this time I am going to file OR and NIW, could I use the same recommendation letters from EB-1EA? I only have one extra hardcopy of the original recommendation letters with the non-copied signatures. So for two petitions (NIW and OR), could one of the petition use the copy of original ones so the signature is not "real"?
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Recommendation letters for OR and NIW are different than those for EA. (And the ones for OR are also different than the one for NIW). You should try to get new recommendation letters for all new petitions and don't use the old ones (I know it is a pain in the ass and cost a lot of time but I think it will increase your chances for success). And you should especially for NIW letters talk first with a good lawyer since those letters are very different than those for OR and EA and have to address the "national interest" where most people fail. But all letters have to have their key words and have to be tailored depending on the person who is evaluating you. And most important get high profile scientists from academia and industry from countries around the world to write your recommendation letters and they shouldn't have any connection to you or your former supervisors and don't know you personally.
 
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Thank you Honkman! for NIW petition, EA recommendation will be hard to fit. But I always think that it will fit into OR category. I know some people file EA and OR in the same time. Are they using the same letters?
 
chiron said:
Thank you Honkman! for NIW petition, EA recommendation will be hard to fit. But I always think that it will fit into OR category. I know some people file EA and OR in the same time. Are they using the same letters?
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I wouldn't do it since an EA letter is written differently then an OR letter
 
recycling rec. letters

Hi All,
When I filed my NIW, I also was thinking about OR (finally did not file). My lawyer adviced me that I can use similar letters (text of the letter is same), but in the end it should have a phrase saying "this person... is outstanding researcher ..etc...", or "national interests will greatly benefit... etc.", so keywords OR or NIW should be there. So what I did was getting same letters from one person with different last phrase. I did that only for one person (my friend), from others I got only one "NIW" letter.
I suggest, one can use the 'core' text of the letter but change a bit according to the category, and use those keywords OR/NIW, and ask the person one more time to write such 'corrected' letter.
Concerning the signatures - I had all original signatures (one person offered me a pdf file with 'electronic' signature, but I still asked him to mail original one), but my lawyer kept the originals and submitted photocopies of the letters. So in principle you may use same letters I guess!
 
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