Help! What should I do?

[ahmay]

I will graduate with a degree in Biology. Some biotech company in CA offered me a postdoc position. But they refuse to sponsor my EB1 application because they say as a postdoc I won\'t be able to stay there long enough before I get my green card. I have some questions:

1. How long does it take to get my I-140 approved in EB1 category?
2. If the company sponsored me and I got my I-140 approved, can I switch job before I get my actural green card? (the company told me that I won\'t be able to).
3. I don\'t know if I can self sponser in this case. If I self sponsor, do I need a letter from the company I will be working for? Can I switch job in hte middle of process in this case?

Thank you so much.

Ahmay

 

[ooa]

No Title

1. No one knows. In August 99 it usually took 3-4 months to get I-140 processed at Vermont SC. The moment I filed mine, the processing time started to increase, and people applied in August 99 got their approvals in 6-7 months (I was still waiting). Then processing times increased again, and those filed in Sept-Oct 99 were waiting for 8-9 months (I was still waiting). Then processing times started to shrink, and I finally got a RFE after almost 11 months of wait, and then final approval in over 14 months after initial application. Now it is taking again 3-5 months at VSC.
There is another variable: processing times differ from one service Center to another, usually in opposite phases: if one is getting better, another is getting worse, according to general laws of physics.

As a result, you can firmly count on your I-140 being processed in any time between 2 and 15 months. )) Then there is the second step - ajustment of status (I-485), that takes 1-3 years, or consular process, which takes 3-6 months.

2. Your company is right: if they sponsor you, you cannot leave them before you get GC.

3. You can sponsor yourself for EB1-EA or EB2-NIW categories. Employer\'s letter is not required, but you may want them to write a recommendation to make your case stronger. Just don\'t ask them to sign the petition, put yourself instead.
If you self-petition, you can change jobs staying in the same field you claimed in your petition (so compose your petition accordingly).

Good luck!