Moving after filing NIW (I-140/I-485)

[anonymous12]

I am asking this question for one of my friend who is a scientist (ph.D) and currently working in Massachusetts. She intends to apply for NIW in the near future and right now she has found a new job as well. She is going to move to North Carolina.

Now my questions are:

1. If she files NIW (140/485) while in Massachusetts, then she has to file with Vermont service center. Does she has to do some thing (e.g. refile) after moving to NC (apart from AR-11 form)?

2. Herr case will be processed by Vermont service center or by Texas service center?

3. Is it better to wait and file after moving with Texas service center?

In general vermont service center has much faster processing time, but if VSC transfers her case to Texas service center then would it rather prolong her processing time?

4. Right now she is on H1b, but she intends to apply for O1 visa with the new employer (university has no problem with that). O1 is a non-immigrant visa compare to H1b (one can has dual intent with that one). Would she be eligible (she has good publications and it seems like she should not have any issues in terms of qualification for O1) to apply and get O1 after applying for 1-485?

 

[gcusa99]

I would file after relocating to another place which comes under different USCIS jurisdiction. If you are already on H1B visa, you may extend or transfer. If you qualify for O1 visa, you may submit applications for both EB1-EA (though it has different criteria) and NIW categories. Good luck for your friend!