NIW and I-485

J

jaishreeram

Registered Users (C)
Hi,
I am on F1 status working as an research assistant and my I -140 is approved under self petitioned NIW category. currently I can not file I-485. I have few questions:

1.Supose I graduate and dont have a job and can file for I-485 by then, what current occupation I am going to write in I-485? I mean is it going to hurt my application if I dont have a job?

2.Supose I have a job in simiar field; at what time I have to prove that the job is still in national interest and similar field?is it at AOS interview or I have to fill some forms?

3. What questions do they usually ask while AOS interview? does the interview always occur or it may occur?

Your responses are appreciated.
 
jaishreeram said:
Hi,
I am on F1 status working as an research assistant and my I -140 is approved under self petitioned NIW category. currently I can not file I-485. I have few questions:
1.Supose I graduate and don have a job and can file for I-485 by then, what current occupation I am going to write in I-485? I mean is it going to hurt my application if I dont have a job?
2.Supose I have a job in simiar field; at what time I have to prove that the job is still in national interest and similar field?is it at AOS interview or I have to fill some forms?
3. What questions do they usually ask while AOS interview? does the interview always occur or it may occur?

Your responses are appreciated.
Click to expand...

congrats! you must be having good case as NIW applicant to get I-140 approved. I guess u r from retrogressed country. NIw gives you flexibility of not having job(I mean with same employer). I have seen many cases where people work in similar area and but not same employer..................... with I-485 being still pending!

Yours case is slightly different where you have to still file I-485. My guess is that you can work in different area but similar area of NIW till u file I-485. Which can be sometime in next 1-2 year. I beleive at this stage u need not have to worry about AOS interview.
 
Hi,

For NIW, you don't need to have an employer (no job requirement). But your
situation is really different with most others. I definitely would stay in the
same field to the time when I could apply 485, if I were you. Maybe a
post-doc in your university is a good choice until you file your 485. For AOS
interview? I didn't have the experience. But why do you worry about it now
since you even don't know when and how you will file your 485?

For your info: I graduated in 2003 as a PhD and had no job offering at that
time. I filed NIW and 485 at the end of January, 2005. At that time I was
working for my PhD advisor with NSF grant but not officially assigned to a
post-doc position. My 140 was approved in June 2005 and 485 on Aug. 29.
I received my GC in Spetember. So my situation is like what you proposed
in case 1. I remembered I filled in the 485 occupation as researcher at MIT
since I was working for my advisor though not officially a post-doc at MIT.
Now I am working in a company in a field partially related to the field I used
to apply for NIW. Does it help?

jaishreeram said:
Hi,
I am on F1 status working as an research assistant and my I -140 is approved under self petitioned NIW category. currently I can not file I-485. I have few questions:

1.Supose I graduate and dont have a job and can file for I-485 by then, what current occupation I am going to write in I-485? I mean is it going to hurt my application if I dont have a job?

2.Supose I have a job in simiar field; at what time I have to prove that the job is still in national interest and similar field?is it at AOS interview or I have to fill some forms?

3. What questions do they usually ask while AOS interview? does the interview always occur or it may occur?

Your responses are appreciated.
Click to expand...
 
Thanks guys for reply.
I have one more question: At what time I need to send paystubs to USCIS? Is it at the time of filing I-485 or at the time of RFE if any?
 
jaishreeram said:
Thanks guys for reply.
I have one more question: At what time I need to send paystubs to USCIS? Is it at the time of filing I-485 or at the time of RFE if any?
Click to expand...

Well..........paystub is mostly important for labor based applications. STill if you want to send it is at I-485 stage only.
 
occupation

Hi inhopes,
In my I-140 I have put current occupation to be PhD student. So supose If I can file I-485 within year and half when I am still maintaing F1 status and doing OPT and assuming no job, I can put same occupation as student. Will that be okay? I think yes because I dont have to submit pay stubs. right?
 
jaishreeram said:
Hi inhopes,
In my I-140 I have put current occupation to be PhD student. So supose If I can file I-485 within year and half when I am still maintaing F1 status and doing OPT and assuming no job, I can put same occupation as student. Will that be okay? I think yes because I dont have to submit pay stubs. right?
Click to expand...

From my previous experience, Yes! you can put same occupation as student,
but I strongly suggest you put in like "researcher" or "scientist" if you obtained
your Ph.D. already at that time. I didn't submit any paystub for my
application since I had none at that time.

Best wishes!
 
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