Help on NIW

[flychicken]

Hi!
I will get my Ph. D degree this May (defense, everything is done, just wait for the certificate). I plan to apply for NIW after I get the degree. I also have a pending very likely faculty (tenure track) offer in one Univ. in the same center with what I have now. My question is
In case I get the faculty offer (start in Aug), it is good to still apply as NIW, or someone told me, OR is better.

I now have 9 journal papers in prestigouse jorunals (published & accepted), 4 is first author, 5 second author. member of Sigma Xi (someone said not count now). I only have several citations of my papers with my name on them (because most of my papers just appear). So I think maybe OR may be a little bit difficult for me even I get the faculty position.
My project is NSF project about hazard mitigation, which should be able to be linked to NIW.
I am planning to submit NIW anyway in about June if I can not finally get the faculty position, which is easier for me. But I am not sure if it is good to submit NIW first, then move to another place (same center though) to be a faculty. Or apply OR until I start my work there? (I don't know why most faculties apply OR other than NIW, but I think chances of NIW is bigger in my case. )

Any suggestions are appreciated.

 

[GCChaahiye]

If you get the tenure track position as a faculty, it would be good if your university sponsors your OR petition.

NIW is independent of an employer and hence you may file a NIW petition simultaneously and let both the petitions run parallel.
Whichever gets approved earlier, you would be in a good shape.

However, for NIW,it would be good if you have your petition filed by a very good immigration attorney specializing in NIW cases.
Make sure this attorney knows that you have/may have an OR petition as well.

 

[tsc103103]

My understanding from a discussion with a newly joined tenure track Assistant Professor is as follows:
New Asssistant Professors (within 18 months of graduating and joining the faculty position) can apply for a regular EB2 with labor and they come under a special category. The person, I am mentioning had labor cleared within 30 days of applying (Applied in Nov 03 and by the end of the month had his labor cleared) and has already filed for 140 and 485. There is no issue of recommendation letters and proof of national interest and such other details. You might want to explore this possibility on joining the faculty position.
As usually I am not compotent to give any legal advise and hence you would want to talk to a immigration attorney.

Good Luck on your upcoming defense