How and What after I-140 NIW ??

S

shamur

Registered Users (C)
Recently my I-140 for NIW was approved as physician researcher. My country is backlogged with visa availability. However I was able to file I-1485 with my I-140 in 2007.

It may take another 2-3 years before i get the actual card.

1) What should I expect now, is there going to be an interview?

2) If there is an interview, should I be showing that I continue to have publications? Since I plan to take up clinical job, less or no research involved

3) Since my I-485 is filed, should I still be working the exact same job/situation, itsnt there portability here??

4)Since my I-140 is approved is it safe to apply for EAD and start using it? Or should I apply for H-1?

Thanks in Advance to those folks who can reply!
 
1. There may be an interview, but most employment-based I-485s these days don't require an interview.

2. You may be asked if you continue the same line of work in the national interest, but most likely via a "Request for Evidence" (RFE) in the mail and not through an interview. Many (if not most) NIW petitioners have been asked for this, especially if it's been a long time since their I-140s were approved.

You should show that you continue to work in the line of work that your petition is based on. If your NIW was approved based on being a full researcher, then you may have some trouble proving your continued work in research if you are only seeing patients. But if you are involved in clinical trials etc, then you should be okay.

3. See #2, and yes you can switch to another company using AC-21 portability if your I-485 has been pending over 6 months, but you should continue in the same line of work.

4. Unless you are worried that your I-485 will be denied, then you can go ahead and apply for your EAD and use it. H-1B would be a good backup though if you are worried about not being in the same line of work and your I-485 may be denied.
 
Thanks for your reply

Thanks for your input. I am thinking it will be at least 2-3 years before the I-485 will be approved, so I guess I will to have show some proof of papers, research etc. I am hoping one does not have to prove like the RFE for NIW I-140
 
No, you shouldn't have to prove eligibility for a petition that has already been approved - only proof of employment in the field of interest should be enough.
 
Thanks again

Thnks for your reply JK. My petition was approved based as clinical physicain with research involvement. It was adv degree/Indiv with excptnl ability in national interest category.
I will continue to work in a Hospital as a physician in the same field, but from what you are saying, even if I am working in the same field I might have to show some sort of papers I published or some sort of clinical trial involvement or Univ affiliation and appointment since the time I-140 was approved, so that they realize I am not just practicing medicine in the field, but I am also doing research in the field. Is that what you mean?
 
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