NIW-EB2 from abroad?

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critical123

Registered Users (C)
Hello,

Is it possible to apply for EB2-NIW from outisde the united states?. I have lived and worked in USA for 8 years but recently moved to Europe and now interested in filing for GC from abroad. I have a Ph.D in engineering from a US university and also some work experience.

I'll appreciate if anyone has anything to share in this regard.


thanks,
 
Yes you can! In fact, on the I-140 form, it asks you which consulate you want your paperwork sent to upon approval, if you're not adjusting status in the US.
 
I have a few more follow up questions ..

1) Does one need to file I-140 along with NIW (or seperately) since I-140 is employment based and filing NIW is for quite the opposite reason.

2) Assuming, NIW is approved what should be the next step in the process?

3) Also since I am filing from outside US I assume I'll never have to file for I-485?

Thank You.
 
1) Does one need to file I-140 along with NIW (or seperately) since I-140 is employment based and filing NIW is for quite the opposite reason. yes you do, look at the I140 instructions http://www.uscis.gov/files/form/i-140instr.pdf 'who may file' point 3.

2) Assuming, NIW is approved what should be the next step in the process?http://www.uscis.gov/portal/site/us...nnel=62280a5659083210VgnVCM100000082ca60aRCRD

3) Also since I am filing from outside US I assume I'll never have to file for I-485? you want consular processing
 
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TY for your response,

Since I am filing from abroad, Am I free to choose any processing center in US? I learnt that processing time varies alot based on backlogs at particular center, in that regard which is the best center to file at the moment?

Also is the processing date 'current' in the EB2-NIW category at this time?

Any comments/suggestions are also welcome.

Thank You.
 
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TY for your response,

Since I am filing from abroad, Am I free to choose any processing center in US? I learnt that processing time varies alot based on backlogs at particular center, in that regard which is the best center to file at the moment?I can't find the answer to that so I am shooting from the hip. One option is to file electronically, it will then be automatically forwarded to the correct service center. In the instructions they only mention to file depending on where you will be employed. That brings me to another point NIW can be petitioned without a permanent job offer HOWEVER if you have no job offers/prospects it will be difficult to prove that you "will substantially benefit the interests of the US more than an available worker with the same minimum qualifications" Not saying it can't be done, just saying that it is a big hurdle to take. What they want you to do for NIW is prove that you have made a significant impact on the US in the past and then prove that you will keep doing so in the future. Meaning that your future work has to be in the same field as the work you did, also making sure you prove that you are not just 'intending' to make a difference in a yet unknown job

Also is the processing date 'current' in the EB2-NIW category at this time?if you are not from India or China yes as far as I know

Any comments/suggestions are also welcome.

Thank You.[/QUOTE]
 
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