How can I be sure that my I-140 is an NIW case?

CKL

Registered Users (C)
I applied I-140 in February last year and the petition type in the form is marked at “A member of the professions holding an advanced degree or an alien of extraordinary ability”. I directly applied I-140 without first getting the labor certificate. There is no item in the form for me to indicate that I am applying I-140 through National Interest Waiver

The form that I used at that time had 2 pages. The new I-140 form has 3 pages.
My I-140 is a self-petitioned case and my employer’s signature was not on any application form.
My I-140 was approved this year and it is an EB2 case.

My question is that how I can be sure that my case is indeed a case of National Interest Waiver.
The approval notice of my I-140 does not indicate it is a case of NIW.

I have this question is because, in the current 3-page I-140 from, there is an item “An alien applying for a national interest waiver (who IS a member of the profession holding an advance degree or an alien of exceptional ability) under “Part 2. Petition Type”.

To me, an applicant can indicate whether he or she wants to apply I-140 through NIW in the new form.
But, in the old 2-page I-140 form, there is no such item to mark to tell INS that the applicant is applying I-140 through NIW. Am I right?

Until now, I am still confused if my I-140 case is indeed an NIW case.
Could you please, Attorney Want, teach me how find it out?

Thank you so much
 
I just checked my NIW approval (I-140 originally sent in Dec., 2000, so it uses the old form). It said the same thing as yours. I completed my GC with my EB-1 EA, so I never actually used my NIW approval for anything.

May I ask why you are losing sleep over this? I assume you stated your intention for a NIW in your petition packet. I assume you did it right because your I-140 is approved.

Brian
 
true

My NIW says the same as ckl because it was before feb 2002. dont worry as the approval notice will have a priority date ( the date that you filed I-140). so it is NIW. If it would have been with LC, then it would have the LC filing date as PD. With EB1, they would have said EB1. Dont lose sleep over such things.
 
reason that I need to know if it is an NIW case

Thank you for the response to my question.

The reason for me to find out if my EB2 I-140 is an NIW case is that I have been contracted by another company for a new position. I went to the internet and did researches and find out that NIW is under EB2.
Therefore, I assume that my case should be an NIW case. However, as I said in the previous post, I had no idea where to indicate on the old form that I was applying NIW because there is no place on the form to check. All I get is the approval notices saying that it is an EB2 case and I am approved as “member with advanced degree or extraordinary ability”.

It has been only 3 months since I sent my I-485 to TSC. I was told that it is safe to change job 180 days later after I-485 is submitted. Then, some sources in the internet say that NIW cases are not subject to this restriction. Namely, approved applicants of NIW cases are free to change jobs as long as they stay in the same field of their expertise.

Thus, if I can be sure that my case is an NIW case, I will go work for the new company.
If you know ways to find it out, please let me know.
Thank you so much.

CKL
 
NIW

Oi.

Check the name petitioner on the I797 approval notice. If your name is there, then your petition is not tied to an employer and you can leave whenever you want. The important thing is that you be working in the same type of job that your petition was approved for (i.e. one that is in the the "national interest") at the time when your AOS is approved. You may or may not be asked to prove this at that time. Considering that you are with the TSC, this can be several years.

Not legal advice.

Brian
 
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