NIW, any advice about I-140 and I-485

P

puma2012

Registered Users (C)
Hi, Recently I want to submit I-140 to USCIS under NIW category. I hold H-1 visa and my wife holds F-1 visa.

I have two choices.

1 I will submit I-140 and I-485 simultaneously with my wife. If I-140 gets denied, my wife will lost F-1 status and can not work in U.S.

2 I will submit I-485 with my wife after my I-140 get approved.

Could tell me which is better for us? Any input will be appreciated.

Liang
 
nikkasingh said:
How sure are you of getting a favorable adjucation on NIW
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My credentials for NIW:
1 I am a postdoctoral fellow with M.D and Ph.d degrees in a top 3 University.

2 two publications in top journals and five papers in foreign journals,and two chapters

3 two memberships

4 ten strong recommendation letters, 2 from big guy, 1 from FDA, 1 from a congressman

5 several adwards in foreign country

6 major media intentions

Any suggestions will be welcome.

Puma
 
puma2012 said:
My credentials for NIW:
1 I am a postdoctoral fellow with M.D and Ph.d degrees in a top 3 University.

Fine. The field is more important than the university of how many degrees you have.

2 two publications in top journals and five papers in foreign journals,and two chapters

More is better from this. Are the articles in field of national interest? Make sure your articles in journals with high impact factor. While many officers look at this positively, the citations are critical. Any scientist can produce papers, but few can get cited. Collect your citation index.

3 two memberships

While this is good, make sure they are not those you pay-and-you-are-in. Are these memebrships based on your scientific quality?

4 ten strong recommendation letters, 2 from big guy, 1 from FDA, 1 from a congressman

The number is very good. Do these letters reflect your qualifications? Is the congressman an expert in your field?

5 several adwards in foreign country

Based on what you were able to get the awards? Please show them the selection rules......... MAny officers issue RFE for awards from foriegn countries. The reason is clear, some officers believe we just have printer at home for such awards. While this is unfair bur make sure that your awards well-explained to the officers.

6 major media intentions

This is very good. This part should talk about you NOT the field of research in general.


Are you a referee in any journal? Do you have a patent? Make sure your field is in the national interest scope.

Good luck

Any suggestions will be welcome.

Puma
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puma2012 said:
My credentials for NIW:
1 I am a postdoctoral fellow with M.D and Ph.d degrees in a top 3 University.

2 two publications in top journals and five papers in foreign journals,and two chapters

3 two memberships

4 ten strong recommendation letters, 2 from big guy, 1 from FDA, 1 from a congressman

5 several adwards in foreign country

6 major media intentions

Any suggestions will be welcome.

Puma
Click to expand...

1) Doesn't say anything about your qualification for NIW in general. The field your are working in is more important than the university you are coming from for NIW.

2) Could be more. What about the impact factors especially those foreign one. The USCIS might only count the two international journals. Were you personally invited to write the two chapters by the book editor or you wrote it together with your boss ?

3) Do you pay anything for the memberships ? If yes they don't count, otherwise ask for the selection criteria.

4) Are these recommendation letters all from completely independently scientists in your field (no connection to you or one of your former bosses). Is the congress man expert in your field ?

5) What kind of foreign awards ? Were those open to everbody in your field in your nation or just university awards ?

6) Good, but those major media has to be about you as a person and not about your field or your bosses research group. They have to mention your name and your work specifically.
 
To puma2012

I have the same situation as you---- I am holding H-1 visa and my wife holds F-1 visa. I am going to apply for NIW by myself. My question for you is who told you that if you submit I-140 and I-485 simultaneously with your wife, and once the I-140 gets denied, your wife will lost F-1 status and can not work in U.S.? Your lawyer told you or you read it from some website? I found the following information from a website:

Q: If I file for both the I-140 and the I-485 together, what will happen to my status if the I-140 is denied?
A: If you kept your nonimmigrant status, you will remain in that nonimmigrant status even if your I-140 is denied. However, if you have gone into adjustment pending status, you will become out of status if your I-140 is denied.

Therefore, my understanding is, once your wife keeps her nonimmigrant status (F-1), she would be fine even though the I-140 gets denied. Am I right? Please give further information.
 
My credentials for NIW:
1 I am a postdoctoral fellow with M.D and Ph.D degrees in a top 3 University.My research focus on cancer research.

2 two publications, Impact foctors: 14 and 8.5 and five papers in foreign journals,and two foreign chapters coauthored with my boss

3 two memberships, AACR and Sigma Xi, both of which need recommendation letters.

4 ten strong recommendation letters, 2 from big guy, 1 from FDA, 1 from a congressman, five of which come from independent experts.

5 several adwards in foreign country, such as pulication adwards, research awards

6 major media attentions,but did not mention my name, just my boss name "Jone and his coworkers"

Any suggestions will be welcome.

Puma
 
to MYNIW,

Thanks. I agree with your opinion. But after submitted I-485, F-1 visa holder will be into trouble when go out of U.S. and come back to U.S. At that time, he/she will lose his/her F-1 status.

puma
 
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