EB1-EA or NIW and clarifications needed

H

huntington

Registered Users (C)
Hello everybody in the forum, here's my situation:

BS in Structural Eng. in foreign country
MS e PhD in US Top 12 Structural Engineering Dept. Schools
Civil Professional Engineering license [require job experiences, education, engagement recommendation letters and of course passed exams (3)]
Currently employed by same top 12 SE Dept. as an Assistant Project Scientist step IV.

I have coauthored:
-9 journal articles
-2 book chapters
-2 refereed conference proceedings
-25 other conference proceedings

I'm not sure about the times I was cited from others.

I also reviewed 2-3 papers and 1 research proposal.

I have been working since the last 5 years ( 3 of phd and 2 of APS) in the same high visibility project funded by the Department of Transportation (DOT-FRA); the project is about the development of a system to increase safety of US personal and freight transportation. I was co-PI for last 3 amendments of project grants (about 500,000$ total).

For this, I can have strong recommendation letters from government DOT managers (2).

I also collaborated with another project involving security/maintenance of aircrafts, in collaboration with a National Lab, and I could have other recommendation letters (2) from Prof/Researcher working at the N Lab.

My current employer is willing to write a strong recommendation letter as well, but the position (renewed it last june 09) is not permanent, but dependent on funding.

I do not have a permanent job offer, and I don't want to remain tight to my actual job (nor to the academic career) so the only 2 ways are EB1-EA or NIW.

My 8 questions:

1) which one is the best for me? (since member of profession I would think NIW)
2) I think i need to file I-140 and I-485 in both cases; better filing them together or the I-140 first and upon approval, then I-485?
3) what is the average timing of approval/denial of both/ or together ? Better use premium filing but I've heard it gives you less chances ?
4) while filing, can i still keep my current employment under J-1 academic training (expiring sept. 2010) ?
My purpose would be keeping the actual job til approval of NIW, so..
5) should I also file for EAD or should I wait?
6) if I switch job in the meantime (still using my Academic Training) would that affect the application ? I read about somebody getting RFEs right before the approval, and they changed job so it didnt work (maybe its not my case since i dont need labor certification ?)

7) Also i don't have really clear the stages of the all application: first NIW, then adjust status to permanent (which means receiving the GC ?) and sometime down the line having an EAD for accepting job offers ?
8) I believe the AP form needs to be filed as well, to allow for traveling outside the US while in pending status?

By the way, my home country is Italy.

thanks a million for whoever can clarify these or part of these :)
 
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Are you from a retrogressed country such as India or China? I was going to answer your questions but knowing this would be more helpful for me to answer.
 
1) which one is the best for me? (since member of profession I would think NIW)
Both are equally good but NIW is easier to get approval.

2) I think i need to file I-140 and I-485 in both cases; better filing them together or the I-140 first and upon approval, then I-485?
Better apply together because you can save some time. The only thing is you will lose some application money if 1-140 is denied, which is very rare.

3) what is the average timing of approval/denial of both/ or together ? Better use premium filing but I've heard it gives you less chances ?
Premium processing has nothing to do with lesser chances. So, if you go PP, it takes 15 working days. If you can afford it, I would recommend PP.

4) while filing, can i still keep my current employment under J-1 academic training (expiring sept. 2010) ?
Okay, now you cannot apply for a green card with a J1 visa. You need to get a waiver from your home country. Please read up on this one.

My purpose would be keeping the actual job til approval of NIW, so..

Understood. But you need a waiver. You can keep the job even after you get the waiver. Only that you cannot extend it for one more year. Doing so would negate the waiver and you need a fresh waiver.

5) should I also file for EAD or should I wait?
I assume filing for EAD is part of the I-485, which you will file anyway when filing together with I-140.

6) if I switch job in the meantime (still using my Academic Training) would that affect the application ? I read about somebody getting RFEs right before the approval, and they changed job so it didnt work (maybe its not my case since i dont need labor certification ?)
Job has nothing to do with EB1 and NIW self-petitions. Remember, both these do not require a job for you to be able to apply.

7) Also i don't have really clear the stages of the all application: first NIW, then adjust status to permanent (which means receiving the GC ?) and sometime down the line having an EAD for accepting job offers ?
First approval of I-140. Then getting the EAD, which is part of the I-485 et al. If you apply these together, sometimes you may get the EAD before the I-140 even gets a decision.

8) I believe the AP form needs to be filed as well, to allow for traveling outside the US while in pending status?
AP is also part of the I-485 etc. If you are filing everything together, this will be done with that as well.


Hope these help.
 
Thanks a lot for the response GC-hopes. That helped a lot.

Following up with the points:

1) I agree with you, NIW is probably easier; I actually think since I am a member of profession, I should be able to claim 1 criteria, without doubts of that being approved. Doing EB1-EA member of profession wouldn't count.

2) Understood. Feewise I think I need to pay 1010$+475$ for the concurrent filing (I also read on the fee schedule, that Advance Parole and EAD look separate and they have respective fees of 305$ and 340$. So If I do concurrent filing and I get the I-140 denied, do I lose 1010+475+340+305=2130$ ? Or AP and EAD are included in the 1010$ I-485 fee?
Instead, if I waited for the I-140 approval, I would lose just the 475$ at the first stage of application. Can you please confirm or clarify this ?

3) PP, I did not find the fee for this. I've heard it is about 1k. So I guess that would just
add to the 2130$....

4) I am one of the fewest J-1 for which 212(e) does not apply; til dec 2008, I had renewed my visa 5 times and never put on 212(e). On December 08 the officer at the italian consulate put me the restriction as a mistake; confident that it was a mistake I asked for an advisory opinion and D/S sent me a letter stating that it was actually an error, I'm not a bearer of the 212(e) (2 years rule). That's just because my funding was never from either Italian nor Us government, so I should be good to go for that.

5) Understood. Just need to clarify the fee question (#2).
6) Understood.
7) In the possible case of getting the IAD before the I-140 approval. If in the meantime I get a job and later I find out my I-140 is denied, what happens then :) ? I guess also that companies would investigate on the "robustness" of your EAD...I mean if it is already supported by an approved or a pending I-140?
8) Understood.

Thanks a lot for the good clarification you already gave me.
 
2) I think the AP and EAD fees are not included in the I-485 fee. If you get all these approved while the I-140 is still pending, their future validity is dependent upon I-140 approval. So, you are correct in saying that you will lose the application fee for I-485, AP and EAD. So, for your case, I would recommend filing I-140, EB1-EA via PP and then file the other forms after you get the approval. This is because premium processing is not available for NIW, which I think is a sure-shot for you.

7) Yes, this is a tricky and risky situation to use an EAD while its linked I-140 is still pending processing. I don't think companies check the robustness of your EAD but it is in your interest to tell them this so that they can sponsor a H1B, O1 or some other visa until the I-140 is approved. I don't recommend taking up a job using a EAD while the I-140 is still pending.
 
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Update to the post.

The filing fee for AP and EAD are included in the 1010$ fee for the I-485.

My I-140 got approved first extremely fast (only 20 days from the LUD of the receipt of my application).

I am now waiting for the fingerprinting and AP, EAD forms approval.
 
Hi, thanks for carefully replying in this blog. I have question about possibilities for me to apply for EB1A. Here is brief about me:

PhD in Neuroscience from India.
Got postdoc in US on J1.
Applied for EB2-NIW in Jan 28th, 2010.
Got EB2-NIW approved Mar 30th, 2010.

My profile:
- Current Research: Stem cell transplantation and Neuroscience
- 11 Publications (1 review paper, 9 res papers), more than 20 citations
- News and Media reports (including LA times, Google news etc etc: >20, throughout the world)
- Book Chapters: 1
- Conference presentations >10
- Research fellowship: 1 (India)
- Poster award: 1
- Best research award: 2
- Accreditation to professional organizations: 4 (out of this: 3 are Invited or recommended affiliations)
- Research Grant (on Stem cells): 1
- Journal reviewer experience: for 3 international journals
- Total research experience (including 5 yrs of Phd): 10 yrs
- Already approved for J1-212(e) waiver

Question: I just don't have unbearable patience to wait for my Priority Date to become current for my approved EB2-NIW.

My lawyer is willing to try form EB1A, ofcourse, by charging fees !

Am I eligible to apply for EB1A? (I don't think that my present employer with sign on I-140 for EB1-OR)

Your suggestions and response will be greatly appreciated.
 
of course EB1-OR would be easier to obtain but IMHO you have a decent chance. Focus on contribution to the field, scholarly articles, and reviewer+membership (it would be a lot better if you had 20 reviews)
 
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