Filing form I-140

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topew

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Jim, Brian, bmz, and other gurus.


Please advise on addresses to use on form I-40 for a sef-petitioner outside of the USA with no job offer.

Can the address on parts 1 and 3, which is outside of the USA, be the same? However, what should I put in part 6 where it says the address where the employer will work? I plan to undertake economic research and consultancy as a self-employed person in the Texas area. Should I simply put Texas?

I do visit the USA often. Should I file while visiting the USA and use my house address in the USA in parts 1, 3 and 6? I prefer Consular processing.,
 
I suggest you maintain or obtain a dual intent non-immigration visa before you try this.

Unless you are very confident that you will get EB2-NIW approved, your immigration intent might cause problem later on when you try to apply for non-immigration visa.

Correct me if I am wrong.
 
Possibly, but not neccessarily!

I do have non-immigrant visas-- b1/b2 as well as G4. When obtaining a new non-immigrant visa, it will be necessary to indicate that you have filed a petition for an immigrant visa, if this has already been receipted. It does not mean that your non-immigrant visa will be denied. I personally will not worry much about that at this point.

But your response, as well as that of others, to the questions posed earlier will be appreciated.
 
Originally posted by topew
Jim, Brian, bmz, and other gurus.


Please advise on addresses to use on form I-40 for a sef-petitioner outside of the USA with no job offer.

Can the address on parts 1 and 3, which is outside of the USA, be the same? However, what should I put in part 6 where it says the address where the employer will work? I plan to undertake economic research and consultancy as a self-employed person in the Texas area. Should I simply put Texas?

I do visit the USA often. Should I file while visiting the USA and use my house address in the USA in parts 1, 3 and 6? I prefer Consular processing.,
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Yes you can use your overseas address in both parts 1 and 3.

You could just put "N/A appyling under NIW" or EB1-EA, whichever, in part 6.
 
Thanks bmh. I have found your comments and inputs on this forum very useful, particularly for self-petitioning applicants. Can you please contact me at topew@yahoo.com? I will like to follow up with you on my case. Thanks.
 
My attorney used my overseas address for part 1 and 3. In part 6, the attorney now answer "same" as part 1 for the address, where the petitioner will work. This implies that I will be working at my overseas address. Of course, the INS send it back and indicated that the petition be filed outside of the US at an INS office closer to my overseas address. I am now trying to rescue the whole thing. Any suggestion.
 
Originally posted by topew
My attorney used my overseas address for part 1 and 3. In part 6, the attorney now answer "same" as part 1 for the address, where the petitioner will work. This implies that I will be working at my overseas address. Of course, the INS send it back and indicated that the petition be filed outside of the US at an INS office closer to my overseas address. I am now trying to rescue the whole thing. Any suggestion.
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I would say the BCIS did not understand what you were trying to do. If they have sent the I140 back, then no petition has been lodged and you need to start again. You have only lost a little time. So don't worry too much.

In my case, the covering letter explained up-front and quite clearly that I was claiming NIW, that I did not have a job in the US, and that I was lodging at the TNS since it was my intention to work in either Florida or Texas.

Also remember for NIW you need to include the ETA750B form. I would also be careful of making any claim of intending to be self-employed under an employment-based category like EB2. This may not be a good idea but others could best comment on that.

Good luck...
 
BMH, thanks for those very encouraging words. My category is EB1 EA. It does not require a job offer. The problem was that the attorney was not willing to admit the mistakes, which appear to be very obvious. I thought mentioning my peculiar case at this forum will enable other potential petitioners to avoid these pitfalls. I strongly believe that my petition will be approved if properly filed. Thanks.
 
Originally posted by topew
BMH, thanks for those very encouraging words. My category is EB1 EA. It does not require a job offer. The problem was that the attorney was not willing to admit the mistakes, which appear to be very obvious. I thought mentioning my peculiar case at this forum will enable other potential petitioners to avoid these pitfalls. I strongly believe that my petition will be approved if properly filed. Thanks.
Click to expand...

leroythelion is the expert on the EB1 EA. Can you help Brian?
 
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