Getting H1B based on NIW approved I-140 and related queries

[alex09]

Hi all,

I have a question related to extending H1B and filing Adjustment of Status under NIW. I’d truly appreciate it if you can share your insight and experience with me.

I’m currently on H1B and my I-140 was approved few months back based on NIW. I’m planning to travel to my home country and get married before filing for Adjustment of Status. My fiancée is out of the States.

I’d like to know the options I have to get back to the States and file for our Adjustment of Status. I’m aware that I cannot file for Adjustment of Status while I’m out of country.

On the I-140 approval notice, it is stated that I shall file form I-824 if I want to apply for visa based on the I-140 petition. Do I need to get employer letter etc when I follow this procedure? To be more specific, I guess my question is how different is this process from the regular H1B stamping process?

If applying for H1B based on approved I-140 is different from the regular way, what are the advantages/disadvantages of each method?

Thank you in advance,
Alex

 

[niwseek]

You are already a guru in these matters. So even you are not sure, better ask an attorney. In my personal opinion (I'm strickly a lay person not an attorney) since H1 is duel intention most advisable thing to do is to marry and bring your spouse on H4. Adjusting status here should be easier. I hope you are not in an extended H1(beyond 6 years). One of the most important thing you have to do is to check the current approval and denial rates at your home country consulate. Ask new F-1 students from your home country, they should have an idea.

I don;t know much regarding other questions.

Alex you seems to be young and got your niw approval very fast. If you don't mind, for the sake of many others please post your credentials and how you did it (unless you have a physician niw).
Thanks

 

[alex09]

Thank you for the response, niwseek. I’m still within the first three year period of my H1B.

My credentials at the time of filing of NIW I-140 were as listed below:

- Ph.D. in Computer Science.
- Five Journal articles that have been published in top-rated journals such as Transactions on Networking and high-average journals such as Information Processing Letters.
- One invited book chapter (not published yet).
- Twelve refereed conference papers (not abstracts), among them three were invited.
- Four abstracts.

I’m the first or sole author for most of my publications. Besides the papers I used to write with my former advisor, I used to write and publish my own papers in other research areas I found interesting.

- One state-level award and one prestigious award from a major industrial firm, which was also covered by media articles (my name was mentioned in two newspapers).
- H-Index = 5, and number of out-of-loop citations = 33. All my publications were published within a relatively short period (5 years) so they didn't have much citation. Several citations were from other countries such as China, Austria, India, etc.
- Reviewer for seven journals and conferences (about 15 papers) and served in the editorial board of one journal.
- Got seven recommendation letters from people who live in different six states:
* One from my former Ph.D. advisor (distinguished professor and former department head at a research lab).
* Two letters from national governmental labs.
* Two letters from senior researchers affiliated with two major industrial research labs.
* One letter from the head of computer science department at a tier-one university.
* One letter from current manager (A major communication firm).

I had contacted four lawyers and discussed my application with them, then chose one of them and filed through him. My center was Texas.

 

[niwseek]

Thanx alex, at least now i can see where to head to.

I missed one point in above post. Though H1 is duel intent, i'm not sure if H4 is same on that. If it's not, there will be issues.

Can somebody help alex on this pls.