Need advice!!! NIW (DIY) or EB2 or PERM

[ny915w]

I need advice on my situation:

My current situation is

a: my H-1b will be in the 5th year after July

b: I am a Ph.D in a university as a researcher now, my contract in the university will last until next May (university won't help me apply green card)

c: I had prepared to apply NIW by myself, got 5 letters already, 2 more letters are pending but expected to come soon.

However

d: One of my references told me that a big company seems to give me an offer soon.

e: the company agreed to help sponsor H-1b but want me to start working in the company next month (June)

f: the position requires for a master degree with 2 year experience.


My question is:

1) should I try to submit my NIW DIY package before I go to the new compnay or should I submit after I join the new company?

My concern is I am not so sure

a: if I submit my NIW DIY package after I join the company, the disadvantage is that all of my recommendation letters for NIW are based on my current work in the university. the advantage is that I don't need to change my mailing address and the service from NSC to other centers.

b: if I submit my NIW DIY before I join the company, then the disadvantage is that I may not get any notice before June since I am not ready for submitting the whole application package yet. The advantage is that all the letters will be helpful for NIW.


2) If I ask the company to help me apply the green card through PERM or EB2 and the company agrees to help me, should I tell them I also apply NIW by myself? ( I am from a retrogression country. I want to take a chance to apply NIW so that I can get earlier chance to get green card).

3) If the company help me sponsor H-1b, then when will the new H-1B effective for me to work in the company? Should the effective date be October 1,2006 or could be earlier that Oct. 1, 2006? If this is only effective after October 1,2006, even the company wants me to start work in June, it won't be possible considering the H-1b visa staus, am I right?


Any suggestions or advice are appreciated!

 

[rz5qrz5q]

as far as I know, if you submit your NIW before you join the company, then you cannot change your job. Please be very careful in this.
good luck!

 

[ny915w]

if in the same field

rz5qrz5q, thank you very much for your advice. Seems nobody will give me advice except you. I forgot to mention that I will work in the company in the similar area or I could say almost the same area as in the uniersity. Do you think in this case, I still cannot change my job from academia to the company?

My boss in the university will offer me a permanent but contract-based position (a research associate position) after this June. Do you think it is better to keep the university job for applying NIW?

Thank you very much again. I hope more people here will give me advice or suggestion. Any idea is appreciated!

as far as I know, if you submit your NIW before you join the company, then you cannot change your job. Please be very careful in this.
good luck!

 

[rz5qrz5q]

from what heared, yes, you have to stay with your current job untill your I-140 is approved and have more than 180 days of I-485 pending--that means a long time. So you need to make decision: if you would like to work in the company, and it can support to go through the PERM, then probably it is a better choice. NIW has so many wild cards that we cannot control. On the other hand, if you would like to continue to research in the university for 2+ years and wait for your NIW approval and I-485 pending, then it would be better to stay in the university. I have heared that it is much harder to get a NIW approval if you work in a company.
hope this helps.
good luck!

 

[compass]

NIW is a self petition, you are free to change job, if your new job is in same area (I did that).

 

[rz5qrz5q]

really? then that is great. Why did I get the info that no matter it is a NIW or EB1, the petitioner must not change job unless he/she has a I-485 pending for 6 month. Guess it is my mistake

 

[ny915w]

Niw I-140

Welcome Compass to join this discussion, your advice is very helpful. I remember I read your thread before when I prepared my NIW petition in this early spring. Your suggestion is always very helpful.

Thank you very much, Compass again for the clarification. I kind of remember I read some information that NIW petitioner can change job. Since you did that, I was conviced by your experience. However, I still got more detailed questions for you (sorry about that, Compass). I am not so sure if there is any risk associated with the following situation:

if I submit my NIW I140 in June, could I start my work in the company in or after July before my I140 status is clarified? Is any risk with that?

If I want to join the company after I get my I-140 status clarified, do I need to wait certain time before I start working in the company?

Could I submit my NIW application after I join the company, with all the recommendation letters based on my research work in the university? Any negative effects on my I-140 approval based on NIW?

Many thanks again, Compass. I am sure our discussion today will help the following people who may have similar situation as mine a lot in the future. I wish more people in this forum wouldl come here to discuss this situation and offer me their advice.

NIW is a self petition, you are free to change job, if your new job is in same area (I did that).

 

[ny915w]

following up idea is appreciated!

rz5qrz5q, thank you for your following up suggestions! Actually no matter what we discussed here, we are all learning here from the rich-experienced folks like Compass. After we discussed, we clarified something we might get confused or wrong information before. That is also great, isn't it?

Why not so many people in this forum are interested in this discussion? I think there might quite a few pople here have similar experience. I wish they could provide their input too.

really? then that is great. Why did I get the info that no matter it is a NIW or EB1, the petitioner must not change job unless he/she has a I-485 pending for 6 month. Guess it is my mistake