NIW - I140 approved, can the 485 be rejected

S

sandeep_ghosh

New Member
Hi,

My wife has her NIW filed through her current employer. The basis of filing the NIW is not her current employer, but instead her previous employer. The NIW petition was filed last year and both I-140 and I-485 were applied simultaneously. Her I-140 was approved and we have EAD. What we want to know is

1. At what point can it be determined that an NIW case has been approved. i.e. does I-140 approval mean that the case can't be rejected anymore in the I-485 stage. If it can be rejected then under what conditions, like employer change, not working anymore etc.??


2. If for some unforeseen circumstances she has to find a new job, how will that affect her NIW petition? What precaution needs to be taken when changing employer?

Many Thanks,
SG
 
first of all, NIW is employer dependent......so what was your employer role in the petition??

only one thing you guys have to remember.......you better keep working in same or similar field......to avoid complications........you dont have to worry about same employer if you are NIW or EB1-EA
 
sandeep_ghosh said:
Hi,

My wife has her NIW filed through her current employer. The basis of filing the NIW is not her current employer, but instead her previous employer. The NIW petition was filed last year and both I-140 and I-485 were applied simultaneously. Her I-140 was approved and we have EAD. What we want to know is

1. At what point can it be determined that an NIW case has been approved. i.e. does I-140 approval mean that the case can't be rejected anymore in the I-485 stage. If it can be rejected then under what conditions, like employer change, not working anymore etc.??


2. If for some unforeseen circumstances she has to find a new job, how will that affect her NIW petition? What precaution needs to be taken when changing employer?

Many Thanks,
SG
Click to expand...

NIW is indeed independent of employer but offlate people received EVL (employement verufication letter) as RFE for NIW cases too (even for I-485 stage). ....yes they want to make sure that u are still working for NIW (national interest). It will not effect her petition as long as she is similar expertise area...they may not like researcher becoming musician........
 
eb1doc said:
NIW is indeed independent of employer but offlate people received EVL (employement verufication letter) as RFE for NIW cases too (even for I-485 stage). ....yes they want to make sure that u are still working for NIW (national interest). It will not effect her petition as long as she is similar expertise area...they may not like researcher becoming musician........
Click to expand...

Hi eb1doc

How to define "similar expertise area"? If a scientist's NIW is based on his research in cancer but now he is working for another employer for the research in heart disease, is it still be considered similar area or he may have trouble?

Thanks
 
LKT said:
Hi eb1doc

How to define "similar expertise area"? If a scientist's NIW is based on his research in cancer but now he is working for another employer for the research in heart disease, is it still be considered similar area or he may have trouble?

Thanks
Click to expand...

you have to explain that in broad sense
if your expertise such as techniques also has subset in new job its fine.
cancer and heart disease are all health related...yes you can prove that you are still for health research..........its all how you prove continuity and its all how they receive it......no generalise rule detailed for similar expertise!!!
 
its a bit sticky road when one has to prove that Cancer research= heart research to a non science person at uscis.....
 
LKT said:
Hi eb1doc

How to define "similar expertise area"? If a scientist's NIW is based on his research in cancer but now he is working for another employer for the research in heart disease, is it still be considered similar area or he may have trouble?

Thanks
Click to expand...

I read some AAO decisions. You may get RFE if your I140 due to cancer and working on heart for another employer during I485. be careful. as eb1doc said it is always safe to mentinon the research on broad sence. do not be so specific!!
 
EAD received without FP?

Just a quick question- how did you receive your EAD card even before you got FP etc?
 
oneway said:
Just a quick question- how did you receive your EAD card even before you got FP etc?
Click to expand...

I guess FP is related to I485 and nothing to do with I765 (EAD). I am planning to file I485/765 though. Hope some of our senior memebrs will post their thoughts.
 
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