Difficult situation-I-140 issues-please help

N

niw4doc

Registered Users (C)
I am currently working in biomedical research at the NIH and I had filed my eb-2/niw (without I-485) at VSC on Jan 2004. According to the USCIS website they have processed NIW applications until Feb 5 2004. So, if everything goes well (fingers crossed) I should hear from the USCIS about my petition within a week or so, please correct me if I'm wrong here.

Meanwhile, my current visa status is F-1 (student) on a curricular practical training (CPT). I have been on CPT for the past 3.5 years and so my optional practical training (OPT), available to F-1 students is wiped out. I am about to defend my thesis on may 19. I will be out of status 30 days after that from what I understand. I need a work permit and adjust status in order to stay in this country.

My question is if I get an RFE on my EB-2/NIW, would it make sense to reply to that RFE or should I just go ahead and concurrently file a new application (I-140+I-485) in order to get a work permit to work somewhere else and stay in the country.

Thanks in advance for your help.
 
Work permit

Depending on your country of origin, you may or may not be able to file a fresh application concurrently (I 140 and I 485). You should also check on that.
 
country of origin

Thanks for the reply. I didn't quite understand the country of origin issue. I am from India. I did not think that country of origin was an issue for filing concurrently. Could you please elaborate.
 
Concurrent filing

I am from India as well. I have recently heard that Indian citizens can no more file concurrently. Please reconfirm from a reliable source, as I did not follow up on the issue -- there was no urgency for me to know.
 
thanks a lot guys. i really appreciate your help. but do you think it makes any sense to reply to the RFE if I get one, and file a new EB-2/NIW concurrently.
 
You must log in or register to reply here.
Top