Curious case--Do I need to apply through NIW?

A

amoyyao

New Member
Backlogged country. EB2/140 already approved one year ago. In a stable job but being discriminated due to immigration status (have just been told that I have to forego my promotion--otherwise my H1 will not support my new position). Talked to an immigration lawyer--and was told it's better to apply through NIW as it gives me some "flexibility".

I am not sure. My wife is also highly educated but due to her dependent status, she has to stay home. What do you think? Thanks.
 
Hi,

Inorder to check your eligibility for NIW, post your credentials. This forum get visits from NIW veterans. They'll give a fair judgement. NIW and EB1 are not for everybody.

Also remeber that by doing NIW you'll get a new priority date. That will delay your obtaining of GC (nobody can tell when). The only advantage you are going to get is that there is no link betwen NIW petition and the employer, so you are free to get promotions or go elsewhere.
 
credentials

The credentials are not very strong--master's degree, 6 U.S. post graduate experiences, primary model developer for some essential business forecast for a nationally important company. Best performer among thousands of employees.

You are saying that even if I am approved, I will obtian two priority dates and if I leave the current company, I will have to rely on the new priority date? That does not seem to be of much benefit at all.

Thanks.
 
Well, just keep your head up. Don't get discouraged.

You might have another option. There is an EB1 catagory for which you can petition with the help of your employer. I'm not sure about it's name, maybe EB1-OR. Here your employer has to show your importance. This is not easy you'll need a kickass attorney.

The advantage is that EB1 is current for everybody so if you get through, you'll get your GC within a year.
 
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