NIW job change

[niw1005]

I have my NIW (self petition) approved on 11/05 for physics research. I have an EAD card and I 485 pending. Recently I got a job offer (in same town) from a finance company for research and modelling. I am planing to suppliment my income and use my EAD card as this company does not sponsor. I am worried about a future RFE regarding continuing to work in the same or similar field for which I got my NIW approval. My present supervisor is willing to give my a part time H1 to continue the research work for which I got my NIW approved. What is considered as a "proof" that I continue to work in the area I got NIW approval? A letter from my present employer and some published papers are considered sufficient. Is there a rule that I need to work full time in the area of NIW approval? Please respond if anybody had been in a similar situation or known anything about it. I need to make a decision soon. Please help.

NIW (approved) 11/9/05
I 485 (pending) 9/29/05

 

[thdoc]

What field?

I have my NIW (self petition) approved on 11/05 for physics research.

Dear niw1005,

I don't know how to answer your question, but instead have a question for you. Would you mind sharing, what is your field?

 

[niw1005]

my research

Dear thdoc,
I am doing theory. I work in soft condensed matter and optics. I am working on light scattering in tissue like media and I was able to get letters which said my work is of "national scope" and in the area of "intrinsic merit". The letters also said my research work can be used to improve noninvasive biomedical imaging. I also gave proof that I have been asked to referee other peoples work, and others researchers have cited my work (using google
scholar search). I think what matters most is the cover letter that goes with the I140 and language used in the recommendation letters. The letters should say things like you are "uniquely qualified" to do this kind of research and an American worker with the same minimum qualification will not be able to do it. Get an experienced lawyer, he will have sample recommendation letters.

-niw1005

 

[thdoc]

Re:

Dear niw1005,
Thank you very much for your advice, I almost lost hope for NIW and will re-think this again. May I please ask one more question. I have an impression that in order to get successful NIW case when the research area relates indirectly to biomedical applications, at least one or two letters should be from big people in the biomedical area. Am I wrong? I would appreciate any advice on this. Thank you so much!

 

[niw1005]

letter

I had one letter from biomedical area and this guy was not a big shot in the area. All the strong letters were from physics researchers.

 

[thdoc]

Thank you!

Dear niw1005, thank you very much for advice! Maybe I will try to go for NIW.

 

[thdoc]

Your question

I am planing to suppliment my income and use my EAD card as this company does not sponsor. My present supervisor is willing to give my a part time H1 to continue the research work for which I got my NIW approved.

Dear niw1005,
I thought about the question you asked in the first place. If my understanding is correct, one can not work based on H-1B and EAD cards simultaneously. As soon as one accepts employment on EAD (or enters US on AP), then the H-1B status comes to an end.
Regarding the proof of working in the same field: in case if there is an I-485 RFE, they may ask such proof. So I guess one should be able to present an employment letter indicating the nature of the work/research.