File two NIWs to one center?

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rabbish

Registered Users (C)
Last August, my university sponsored me for an employer based NIW at NSC.
However, I probably will have to leave the university due to fund shortage.
I wonder if I can file self-petitioned NIW to NSC given the other pending NIW?

I know this sounds werid, my lawyer has no idea about this.
I 'd appreciate if some body offer some opinions.
 
Last edited by a moderator:
rabbish said:
Last August, my university sponsored me for an employer based NIW at NSC.
However, I probably will have to leave the university due to fund shortage.
I wonder if I can file self-petitioned NIW to NSC given the other pending NIW?

I know this sounds werid, my lawyer has no idea about this.
I 'd appreciate if some body offer some opinions.
Click to expand...

i guess no. if it is possible, then you can keep filing NIW and stay legally in the US forever. you don't even need the green card !!!
 
I think I didnot make it clear,
I am talking about I140 NIW, not I485.
I140 pending alone does not warrant a legal stay.

My question is:
Can I file two I140 NIWs to one center at the same time -
one petitioned by myself and one by employer.
 
rabbish said:
I think I didnot make it clear,
I am talking about I140 NIW, not I485.
I140 pending alone does not warrant a legal stay.

My question is:
Can I file two I140 NIWs to one center at the same time -
one petitioned by myself and one by employer.
Click to expand...

NIW is supposed to be independent of a job offer, though some RFEs request evidence that the petitioner's CURRENT employment is also in the intrinsic national interest. In my opinion (which you should be wary of :) ) you shouldn't need to have to do ANYTHING as long as you are able to switchi to a similar job. Try and remain on H1-B though to ensure safety.
 
Thanks, Memsg.

Although this is what I love to hear, :)
my concern is that:
does this (switching job within the same field)
still hold even for the NIW petitioned by one's employer?
 
rabbish said:
Thanks, Memsg.

Although this is what I love to hear, :)
my concern is that:
does this (switching job within the same field)
still hold even for the NIW petitioned by one's employer?
Click to expand...

If it does not, then the term 'NIW" has no meaning. Also, will your current (and soon to be ex) employer withdraw the existing I-140 petition? Do you have an EAD in hand (you might if you applied concurrently). If you have doubts I strongly suggest discussing this with a lawyer - some of them will even answer for free and put your question on their bulletin boards as an example of how they help folks.

A GC is sought for future employment. This means any other employer (in your field) should also be able to make use of your services.

What you are seeking is something along the lines of an AC21 where an employer has no 'hold' on the employee, 180 days from filing the I-485 (and I-140 approved). Only that you are seeking this BEFORE I-140 approval. Sorry, I cannot give you hope because this is a gray area. Good luck and let us know what an attorney tells you.
 
I guess my employer may not withdraw the case, due to my impression
that they are overall cooperative.
I did not apply for EAD yet but I will soon.

Thanks for all the advice and I will keep you informed.
 
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