My chances for EB-1 after applying for NIW

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saturn2006

Registered Users (C)
HI guys, I need some advice. I applied for NIW in Oct 06 but I am considering going for EB1 now. Here are my credentials

1. MD 1998, fulltime research for 4 years in top University, now in research and clinical practice at the same place.
2. Peer reviewed publications: 24, most as 1st author
3. Book Chapters: 12
4. Many abstracts and presentations
5. Memberships: 8
6. Awards a few but nothing very important.

I applied to NIW with a lawyer but I am considering going for EB1 by myself. I appreciate any sincere advice
Thanks
 
you should apply for both NIW/EB1-EA. You have a very good chance of both being approved. It is all in how the case is prepared. If you can, get a good lawyer who does this (EB1-EA for MDs) for living.
 
If I decide to go for it, do I have to go through the same process? Medical examination, fingerprints, etc?
 
I take it from your post that you concurrently filed for adjustment of status (I-485) along with your NIW I-140. If so, then as the above post said, you only need to apply for a new petition (I-140 EB-1). Once you get a receipt notice for that, then you can send a copy of it to the service center where your case is being processed with a cover letter asking them to put this copy in your I-485 folder. (Note: I don't know how necessary or helpful this will be, but it's worth it for them to have both your I-140s in your I-485 files).

Lawyers I know usually apply for the I-140s first (e.g. a EB-1 EA and EB-2 NIW for the same individual) and then wait for the receipts. Once they get both receipts, they submit both with one new I-485 application package.

Finally, if you indeed applied for adjustment of status, the only advantage of applying for EB-1 now is to expedite your immigrant petition (since EB-2 cannot be expedited). Even then, the I-485 you submitted earlier will still be subject to normal processing time. You may not obtain too much of a benefit by doing a second petition timewise, but if it's worth $195 to shave a little time off your green card application, then go for it I guess.
 
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