NIW approval without job

C

critical123

Registered Users (C)
Does anybody know of anyone who has had a successful NIW application without a job in hand at the time of filing I-140?

I know its technically possible to do so, but how realistic is it?

thanks
 
Hi Critical

Very good question, and I am interested in hearing stories about successful applications as well since I don't know of any that have done so.

Usually the criterion used is that you don't have to have a permanent job offer, leaving the way open for non tenured or other temporary jobs. One way possible around this -that I know of- is to have job OFFERS from preferably multiple organizations indicating that you will be an asset and in demand in the US.

Again, interested in hearing other opinions as well
 
Hi thanks for your feedback again.

I am not sure what you mean by job offers at hand, since I would be highly surprised any company extending an offer on paper without acknowledging your immigration status. And if the offer/promise remains in words I don't think it will have any positive impact on your application.

SO lets hear from other people ...if you or anyone you know of has been successful without a job at hand please share your experience, It will certainly be an encouraging news.

I do have another trivial question regarding filing NIW ..do I file only one form and show my wife as dependent on it or I file multiple 140's for each dependent? I think only the primary petitioner needs to file but want to make sure.

@Kariboo: On your response regarding 'current date' for the EB2-NIW category why should it depend on whether you're indian or chinese or not? It should simply depend on the backlog in that category. Obviously it is a relevant question for me :)

regards,
 
critical123 said:
Hi thanks for your feedback again.

I am not sure what you mean by job offers at hand, since I would be highly surprised any company extending an offer on paper without acknowledging your immigration status. And if the offer/promise remains in words I don't think it will have any positive impact on your application.Unusual but not unheard of. They can offer you a job on the condition that you are eligible. Mind you those offers would only go to prove that you are in demand in the US and therefore could be helpful for NIW

SO lets hear from other people ...if you or anyone you know of has been successful without a job at hand please share your experience, It will certainly be an encouraging news.

I do have another trivial question regarding filing NIW ..do I file only one form and show my wife as dependent on it or I file multiple 140's for each dependent? I think only the primary petitioner needs to file but want to make sure. just you

@Kariboo: On your response regarding 'current date' for the EB2-NIW category why should it depend on whether you're indian or chinese or not? It should simply depend on the backlog in that category. Obviously it is a relevant question for me :)


No true. Look here for the visa bulletin for this month http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html
The employment based category (2nd table). NIW is a 2nd preference (2nd row in that table). As you can see visa availability is not current for people from China and India. Meaning that even if they have their 140 approved, their green card (or adjustment of status) is only available for people from those countries that were approved before Jan or May of '05.

If you are simply talking about how long it takes for your 140 to go through the system, you can check here http://dashboard.uscis.gov/ but those are just average times.
Click to expand...
 
If 140 is approved irrespective of whether the date is current or not, it only applies to 485 (AOS) approval. But it should be immaterial again for someone opting for consular processing i.e. filing form abroad?
 
No. It applies to consular processing as well. Your visa number will not come available regardless of whether you use CP or AOS if you are from a retrogressed country.

Edit: if this weren't the case then everyone form a retrogressed country would either move to Canada or their home country temporarily to bypass the visa allotment. There is no loophole.

Additional downside with CP is that in the interim you will also not receive an EAD, which you would with AOS. Also denial of CP cannot be appealed, denial of AOS can.
 
Last edited by a moderator:
While you're waiting for the visa number.. is it still possible to get hired on say H1B without the two interfering each other? (atleast technically)

Also What does EB 2A and 2B subcategories mean as mentioned on the website you posted?
 
Last edited by a moderator:
critical123 said:
While you're waiting for the visa number.. is it still possible to get hired on say H1B without the two interfering each other? (atleast technically)yes

Also What does EB 2A and 2B subcategories mean as mentioned on the website you posted? Eb2a. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Eb2b. Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
Click to expand...
 
Last edited by a moderator:
Let me revive the original topic. Please post any successful NIW experiences without a job in hand. Also experiences related to successful filings from abroad, consular processing issues etc.
 
You must log in or register to reply here.
Top