I-140 NIW Approved at VSC

W

weakunix

Registered Users (C)
Self petition with a lot of information gathered from this website and other places. Thanks everyone for the hard work!

I-140 RD: 12/23/2004 (NIW)
I-140 RFE:03/12/2005
(RFE replied on 03/30 Fedex delivered on 03/31)
I-140 AD: 04/14/2005

I didn't file 485 because I'm currently a PhD student on F1 visa. I'd like to file 485 soon, but I want to have H1 as a backup which won't happen until a few months from now after I graduate (and probably longer depending on the cap situation). Does anyone know if filing 485 will prevent me from applying for an H1 visa later? Assuming of course I don't apply for/use EAD/AP etc.
 
i recieved an rfe at about the same time to prove 1) work is of national interest 2) lc is against national intereset; seems incredibly generic
since i am currently in preparation for a reply, i am curious:
1) what was your rfe about (i.e., was it a generic one like mine or were there specific requests?)
2) how did you address cis' concerns (e.g., points you made, number of recommendation letters)?
thank you in advance for helping out. really appreciate this.
 
weakunix said:
Self petition with a lot of information gathered from this website and other places. Thanks everyone for the hard work!

I-140 RD: 12/23/2004 (NIW)
I-140 RFE:03/12/2005
(RFE replied on 03/30 Fedex delivered on 03/31)
I-140 AD: 04/14/2005

I didn't file 485 because I'm currently a PhD student on F1 visa. I'd like to file 485 soon, but I want to have H1 as a backup which won't happen until a few months from now after I graduate (and probably longer depending on the cap situation). Does anyone know if filing 485 will prevent me from applying for an H1 visa later? Assuming of course I don't apply for/use EAD/AP etc.
Click to expand...

Huh?

If you file the I-485 and apply for EAD, you don't need an F1 or H1. You status becomes "adjustee".

Brian
 
But it's not safe?

leroythelion said:
Huh?

If you file the I-485 and apply for EAD, you don't need an F1 or H1. You status becomes "adjustee".

Brian
Click to expand...

I understand that I could file 485 and get EAD, etc. But if for some reason (however unlikely) the 485 gets denied, I don't want to be out of status. That's why I intend to get an H1 visa instead of using an EAD.

The problem is I'm still a phd student and can't get an H1 for another few months to a year, and usually newly graduated PhD use OPT to transition the time period before getting an H1. My understanding is that once I file 485 (even without EAD), my F1 status is automatically nullified. I actually applied for OPT (with EAD) recently and I suspect it'll be approved soon. I wonder if I'm still allowed to use it to work an internship... It's all so confusing.

The bottom line questions, if I file 485 now (currently F1):
(1) Can I still use the OPT EAD?
(2) If I get an EAD (based on 485) to do an internship, can I later (after I graduate and get a real job) apply for H1 again? Would that complicate my 485 processing?

Sorry for these strange question, but I think they're important for all PhD applicants (which may be not a lot).
 
I think there is a 3rd question: if you file for H1B before 485, do you need to wait for H1B approval? If filing 485 before H1B approval, will that invalidate H1B application?
 
premitotic said:
i recieved an rfe at about the same time to prove 1) work is of national interest 2) lc is against national intereset; seems incredibly generic
since i am currently in preparation for a reply, i am curious:
1) what was your rfe about (i.e., was it a generic one like mine or were there specific requests?)
2) how did you address cis' concerns (e.g., points you made, number of recommendation letters)?
thank you in advance for helping out. really appreciate this.
Click to expand...

My RFE was quite specific. The adjudicator thought the witnesses were not specific enough about why my contribution to the field is significantly greater than my peers, and asked for the witnesses to provide more detailed discussions about my research. Also I forgot to include ETA750B in my initial filing (I actually tried to add the forms before RFE, but apparently it never got matched with my case).

I didn't think it was practical to ask the witnesses to give detailed analysis of my research as my field is hard science (not the NIW friendly bioscience), and such analysis would be too technical to do any good. In my response to RFE, I mainly emphasized the tons of citations to my publications which according to the citation threshold table from ISI Web of Science placed all of them in the top 1% of the field. I also pointed out that the witnesses did evaluate me as the "top" in the field despite not getting into the details of my research.

In my initial filing, I already included my citation records and lots of other information, but the RFE didn't mention them at all, as if the adjudicator didn't notice or simply chose to ignore them. So I quoted the recent Yates memo regarding the rescission of the post 9/11 "zero tolerance" memo and how a "preponderance of evidence" (more likely than not) is now the standard for approval. In light of this memo, they shouldn't ask for every piece of evidence they expect to see, but rather should fully evaluate the merits of the submitted evidence.

Hope this helps.
 
Hi weakunix
Can you kindly post your qualifications etc on the post so taht we canhave an idea.
Thanks
 
hi weakunix
Can you please post some details of your case, so that others can benefit from your experience.
Thanks
 
Help pls: ETA 750B form

I am in the same situation - Self petition NIW and was recently requested by INS to provide ETA 750B form.

My question is: should I attach the certificates, publications, citations and awards again in order to answer item 12~14 on ETA 750B form or just mail back the form itself?

Weakunix, how about you? Could you please share what you did? Thanks!

weakunix said:
My RFE was quite specific. The adjudicator thought the witnesses were not specific enough about why my contribution to the field is significantly greater than my peers, and asked for the witnesses to provide more detailed discussions about my research. Also I forgot to include ETA750B in my initial filing (I actually tried to add the forms before RFE, but apparently it never got matched with my case).

I didn't think it was practical to ask the witnesses to give detailed analysis of my research as my field is hard science (not the NIW friendly bioscience), and such analysis would be too technical to do any good. In my response to RFE, I mainly emphasized the tons of citations to my publications which according to the citation threshold table from ISI Web of Science placed all of them in the top 1% of the field. I also pointed out that the witnesses did evaluate me as the "top" in the field despite not getting into the details of my research.

In my initial filing, I already included my citation records and lots of other information, but the RFE didn't mention them at all, as if the adjudicator didn't notice or simply chose to ignore them. So I quoted the recent Yates memo regarding the rescission of the post 9/11 "zero tolerance" memo and how a "preponderance of evidence" (more likely than not) is now the standard for approval. In light of this memo, they shouldn't ask for every piece of evidence they expect to see, but rather should fully evaluate the merits of the submitted evidence.

Hope this helps.
Click to expand...
 
Eta750b

proview said:
I am in the same situation - Self petition NIW and was recently requested by INS to provide ETA 750B form.

My question is: should I attach the certificates, publications, citations and awards again in order to answer item 12~14 on ETA 750B form or just mail back the form itself?

Weakunix, how about you? Could you please share what you did? Thanks!
Click to expand...
No, I didn't attach anything to the ETA750B form. I was very brief on that form and simply referred to the application materials submitted with I140.

To answer previous questions, I'm a physicist and spent a lot of efforts talking about the importance of basic research (my weakest point), getting materials from the web mostly. My credentials include 5 top journal pubs with over 160 itations according to web of science, being a frequent journal referee. 5 reference letters - 2 from US, 3 international, all from established experts not directly associated - also emphasized the importance of the field.
 
Thanks, Weakunix!

Thanks a lot! :p

weakunix said:
No, I didn't attach anything to the ETA750B form. I was very brief on that form and simply referred to the application materials submitted with I140.

To answer previous questions, I'm a physicist and spent a lot of efforts talking about the importance of basic research (my weakest point), getting materials from the web mostly. My credentials include 5 top journal pubs with over 160 itations according to web of science, being a frequent journal referee. 5 reference letters - 2 from US, 3 international, all from established experts not directly associated - also emphasized the importance of the field.
Click to expand...
 
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